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America's War in Afghanistan Becomes America's Drug War in Afghanistan
Stop-the-Drug-War.org
June 21st 2009

 

As summer arrives in Afghanistan, it's not just the temperature that is heating up. Nearly 20,000 additional US troops are joining American and NATO forces on the ground, bringing foreign troop totals to nearly 90,000, and an insurgency grown wealthy off the opium and heroin trade is engaging them with dozens of attacks a day across the country. But this year, something different is going on: For the first time, the West is taking direct aim at the drug trafficking networks that deliver hundreds of millions of dollars a year to the insurgents.

Last week, hundreds of British and Afghan troops backed by US and Canadian helicopters and US jets engaged in a series of raids in southern Helmand province, the country's largest opium producing and heroin refining region, seizing 5,500 kilograms of opium paste, 220 kilos of morphine, more than 100 kilos of heroin, and 148 kilos of hashish. They also uncovered and destroyed heroin labs and weapons caches, fending off Taliban machine gun and rocket-propelled grenade attacks as they did so. opium

"This has been an important operation against the illegal narcotics industry and represents a significant setback for the insurgency in Helmand Province," said Lt. Col. Stephen Cartwright, commanding officer of some of the British troops. "The link between the insurgents and the narcotics industry is proven as militants use the money derived from the drug trade as a principle source of funding to arm themselves with weapons and conduct their campaign of intimidation and violence. By destroying this opium and the drug making facilities we are directly target their fighting capability. The operation has been well received by the Afghan people."

It wasn't the first Western attack on the Afghan drug trade this year, and it certainly won't be the last. Operating since last fall on new marching orders, Western troops and their Afghan allies are for the first time engaging in serious drug war as part of their seemingly endless counterinsurgency. And they are drawing a sharp response from the Taliban, which must be seen not so much as a monolithic Islamic fundamentalist movement, but as an ever-shifting amalgam of jihadis, home-grown and foreign, competing warlords, including the titular head of the movement, Mullah Omar, disenchanted tribesmen, and purely criminal drug trafficking organizations collectively called "the Taliban."

So far this year, 142 NATO and US troops have been killed in the fighting, putting 2009 on a pace to be the bloodiest year yet for the West in the now nearly eight-year-old invasion, occupation, and counterinsurgency aimed at uprooting the Taliban and its Al Qaeda allies. Also dead are hundreds, if not more, Taliban fighters, and an unknown number of Afghan civilians, victims of Western air strikes, twitchy trigger fingers, and unending Taliban attacks on security forces and public places.

There will be "tough fighting" this summer and beyond in Afghanistan, top US commander Gen. David Petraeus said Wednesday in remarks to reporters in Tampa. As US and NATO troops go on the offensive "to take back from the Taliban areas that they have been able to control, there will be tough fighting," he said. "Certainly that tough fighting will not be concluded just this year. Certainly there will be tough periods beyond this year," he added, noting that the Taliban insurgency is at its bloodiest levels since 2001.

That rising insurgency, financed in large part by drug trade profits, has sparked a rethinking of Western anti-drug strategy, as well as the deployment of nearly 20,000 additional troops, with some 7,000 of them headed for Helmand, which, if it were a country, would be the world's largest opium producer.

Admiral Michael Mullen, chairman of the US Joint Chiefs of Staff, laid out the new thinking in testimony to the Senate last month. The West is losing the battle against opium production, he said, so instead of merely going after Taliban militants it is time to "go after" the powerful drug lords who control the trafficking and smuggling networks in Afghanistan.

"With respect to the narcotics -- the threat that is there -- it is very clearly funding the insurgency. We know that, and strategically, my view is that it has to be eliminated," Mullen said. "We have had almost no success in the last seven or eight years doing that, including this year's efforts, because we are unable to put viable livelihood in behind any kind of eradication."

While the new approach -- de-emphasized eradication of farmers' fields and targeting the drug trade, especially when linked to the insurgency -- is better than the approach of the Bush years, it is still rife with problems, obstacles, and uncertainties, said a trio of experts consulted by the Chronicle.

"We are seeing a clear shift away from eradication being the dominant focus and a clear emphasis on rural development as a way to proceed, and that is a major positive development," said Vanda Felbab-Brown, a scholar of drugs and insurgency at the Brookings Institution. "Interdiction was always nominally part of the package, but there is now a new mandate. Since October, NATO countries can participate in the interdiction of Taliban-linked traffickers. Certainly, the US and the UK are planning to vastly engage in this mission."

"The whole policy has changed," agreed Raheem Yaseer, assistant director of the Afghanistan Studies Center at the University of Nebraska-Omaha. "There was lots of criticism about the troops not going after the drug leaders and the trafficking. They were concentrating on the terrorists, but now they realize the opium traffic has actually been used to finance their activities, so now they are trying to eliminate the traffickers and promoters of the trade," he explained.

"There is more emphasis on reconstruction," said Yaseer. "There will be some compensation for people who are giving up the poppy, and shifting from poppy to saffron, things like that. Still, security is key, and there are some problems with security," he added in a masterful use of understatement.

"The administration appears at least to understand that eradication should target cartels rather than poor local farmers," said Malou Innocent, a foreign policy analyst with the libertarian leaning Cato Institute. "I hope they continue down that path; it's the best of many horrible options. The best policy would be legalization," she said, adding wistfully that she would prefer a more sensible drug policy.

"I have a feeling this is going to be a very bloody summer," said Malou. "There will be more violence because of the Afghan elections this August, as well as the Taliban's annual spring and summer offensive, which this year is going to be a sort of counteroffensive to the Western surge."

What the new emphasis on going after traffickers will accomplish remains to be seen, said Felbab-Brown. "Interdiction could provide a good reason for the Taliban to insert itself more deeply into the drug trade, or it could encourage traffickers to join the Karzai government," she said.

The effect of the new campaign on security in the countryside also remains to be seen, Felbab-Brown said. "Our reconstruction capacity is so weak after decades of neglect and a systematic effort to destroy those projects," she noted. "At bottom, though, the effectiveness of rural development programs depends on security. Without security, there is no effective program."

Western military forces also have some image-building to do, said Yaseer. "Because of wrong policies of the past and high civilian casualties, the original favorable perception of the foreign troops has changed from favorable to antagonistic. It will take some time to get back the good image."

Yaseer also had doubts about the utility of the massive foreign, mainly US, troop increase now underway. "Unless the sources of the problem, which lie in Pakistan, are attacked, adding more troops will not be very useful," he said. "They will just make the region more volatile and create more resentment, and they will provide the insurgents with a larger target than before," he said.

"The new administration's desire to change the policy makes one a bit optimistic, but again, time will tell whether the West is serious about them," Yaseer continued. Progress will depend on the nature of the operations and whether the new policies are actually implemented, whether this is real."

For Malou, the clock is ticking, and Western soldiers have no good reason to be remaining in Afghanistan for much longer. "We haven't found bin Laden in eight years, and most of the high-level Al Qaeda we've captured have been the result of police detective work, not military force. The foreign military presence in Afghanistan is perceived as a foreign occupation by many people in the region on both sides of the border, and that's poisoning the well even further," she said.

The US needs to be planning an exit strategy, said Malou. "When you look strategically and economically, the US just doesn't have a vital interest impelling us to stay in the region indefinitely," she said. "We need a timeframe for withdrawal within the next several years. We need to narrow our objectives to training security forces. I don't see any reason why we need to stay in this region any longer."

 

Nice People Take Drugs, Says British Advocacy Group
StoptheDrugWar.org
June 8th 2009

 

In a bid to jump-start a campaign to move Britain toward more sensible drug policies, the drug reform advocacy group Release is posting advertisements saying "Nice People Take Drugs" on the sides of passenger buses. It is time to shift the debate, the group says.

The group notes that more people in Britain have smoked pot than voted for the governing Labor Party in the last election and that more than one-third of adults in England and Wales have used an illegal substance. It also notes that more than one million British citizens used Class A (the most serious class) drugs last year.

Although Britain drug bus from goldenseeddown-scheduled marijuana from Class B to Class C in 2004, the Labor government of Prime Minister Gordon Brown returned it to Class B last year. Britain remains mired in a marijuana panic, with tabloid newspapers trumpeting skunk scare stories and the British constabulary busting pot growers on a more than daily basis. In addition to pot, Britons also enjoy their heroin, cocaine, and ecstasy, reporting high use levels of all three drugs. The country's heroin users are thought to account for a high proportion of property crimes. But the British government has remained immune to a rising chorus of calls for a more effective drug policy.

"Politicians are afraid to take on a subject that governments have totally failed to bring under control," Release noted. "Breaking the taboo on drugs is the first step to reducing the harm that they can cause. We must shift the perception that drug users are 'bad' and that all drug use is 'evil'. Over one third of the adult population of England and Wales have used illegal drugs. By far the greatest risk to the majority of these people is criminalization and stigmatization. A focus on banning substances and arresting those who experiment with them has been at the expense of the absence of a robust and comprehensive public health campaign. Release believes there are more effective ways to manage drug use, ways that would make drugs much less dangerous and critically, less available to children."

It is time for a new approach, the group said. "Nice People Take Drugs" will advance that effort by beginning to counter the decades of propaganda that caricature and demonize drug users. "It will challenge politicians who use their ineffective 'tough on drugs' stance for political expedience. It will start a debate about the kind of drug policy that this country wants to see. The UK does not want drug laws that benefit massive drug cartels and are convenient for politicians, but ones that deal sensibly and maturely with drugs and make our society a safer place for our children."

If nice people take drugs, what does that make the people who want to throw those nice people in jail?

 

Eddy Lepp Sentenced to 10 Years in Federal Prison
StopTheDrugWar
May 23rd 2009

 

California medical marijuana grower, spiritualist, and activist Eddy Lepp was sentenced Monday to a mandatory minimum 10-year prison sentence on federal marijuana cultivation charges in a case where he grew more than 20,000 pot plants in plain view of a state highway in Northern California's Lake County. US District Court Judge Marilyn Patel also sentenced him to five years probation. He must report to federal authorities by July 6.

Lepp contended that the plants were a medical marijuana grow for members of the Multi Denominational Ministry of Cannabis and Rastafari and legal under California law. But during his trial, he was not allowed to introduce medical marijuana or religious defenses. He was found guilty of conspiracy to possess marijuana with the intent to distribute more than 1,000 pot plants and of cultivating more than 1,000 plants, which carries a maximum life sentence.

According to California NORML (CANORML) and the Santa Rosa Press-Democrat, there were gasps and sobs from Lepp supporters in the courtroom as Patel passed sentence. The sentence was "extreme," Patel conceded, but said her hands were tied by federal law.

In a nod toward the current turmoil over the status of federal prosecutions of medical marijuana providers, Judge Patel said Lepp could apply for a rehearing if the laws changed. Lepp and his attorneys plan to appeal the verdict and the sentence.

Lepp attorney Michael Hall told Patel the sentence was "incredible."

"Incredible is what the law requires," Patel responded, adding that legalizing marijuana appeared to be Lepp's driving passion. "Maybe you want to be a martyr for the cause," she said.

Sentencing Lepp, a 56-year-old veteran in ill health, to prison is a travesty and a waste, said supporters. "This case sadly illustrates the senselessness of federal marijuana laws," said CANORML's Dale Geiringer. "The last thing this country needs is more medical marijuana prisoners. Hopefully, we can change the law and get Eddy out of jail before he completes his sentence."

"Locking up Eddy Lepp serves no purpose and is a huge waste of life and scarce prison space," said Aaron Smith, California policy director of the Marijuana Policy Project. "The community would be a lot better served if we taxed and regulated California's $14 billion marijuana industry rather than continuing to incarcerate nonviolent people like Eddy, who are clearly of no danger to society."

 

 

South Australia Police Subject Club, Concert-Goers to Drug Dog Checks
Stop-The-Drug-War
May 23rd 2009

 

Under an amendment to South Australia's Controlled Substances Act of 1984 approved last year, police are allowed to use drug-sniffing dogs as part of their general drug detection duties. They are doing so with a vengeance.

Unlike the United States, where drug dog searches are typically conducted on vehicles or homes,druged  dog.. the South Australian law allows police to sic the dogs on individuals. Since October, when four drug dogs and their handlers have been working bars, nightclubs, concerts, and festivals, they have managed to arrest more than 300 people on drug charges.

Police Minister Michael Wright told reporters Monday 327 people had been caught with drugs, including Ecstasy, LSD, amphetamines, cocaine, and cannabis. Of those, only 17 were arrested for serious drug offenses; the others were given fines, strongly suggesting that what the drug dogs were finding was mainly pot.

Wright naturally praised the drug dog teams, saying they were working hard and producing results. He also said the drug dogs acted as a deterrent for people thinking about going out and taking drugs with them.

"This government is committed to protecting the people of South Australia and helping to ensurepolice drug dog... their safety at dining and entertainment precincts," Wright said. "Police now have the power to execute drug detection operations in places identified as hotspots for drug dealing and use."

Wright did not provide any statistics on the number of drug dog "alerts" that proved unfounded. But a 2007 study that examined a similar program in New South Wales from February 2002 to February 2003 found that drugs were found in only 27% of the cases where drug dogs alerted. In another 40% of the cases, suspects admitted having smoked cannabis in the recent past or having been near cannabis smokers.

 

This Week in History

 

May 27, 1963: President Nathan M. Pusey of Harvard University announces that an assistant professor of clinical psychology and education has been fired. The man dismissed was Dr. Richard Alpert, later known as "Ram Dass."

May 26, 1971: In tapes revealed long after his presidency ended, President Richard M. Nixon says, "You know it's a funny thing, every one of the bastards that are out for legalizing marijuana is Jewish. What the Christ is the matter with the Jews, Bob, what is the matter with them? I suppose it's because most of them are psychiatrists, you know, there's so many, all the greatest psychiatrists are Jewish."

May 25, 1973: The NBC Evening News reports that 28 marines and 18 sailors handling the president's yacht were transferred and reassigned from Camp David due to marijuana offenses.

May 24, 1988: The domestic hashish seizure record is set (still in effect today) -- 75,066 pounds in San Francisco, California.

May 24, 1993: At 3:45pm, Juan Jesús Cardinal Posados Ocampo, the archbishop of Guadalajara, is assassinated at Hidalgo International Airport in Guadalajara by San Diego gang members hired by the Arellano-Felix Organization. As the archbishop's car arrives in the parking lot across the street from the terminal, a young man opens the door and opens fire, while half a dozen other gunmen spray the scene killing the driver and five bystanders, including an old woman, her nephew and a startled businessman with a cell phone in his hand.

May 28, 1994: President Clinton's appointed director of the Drug Enforcement Administration, Thomas Constantine, says in a Washington Times interview: "Many times people talk about the nonviolent drug offender. That is a rare species. There is not some sterile drug type not involved in violence -- there is no drug user who is contributing some good to the community -- they are contributing nothing but evil."

May 22, 1997: Milwaukee, Wisconsin, Mayor John Norquist signs a measure into law decriminalizing first time possession of small amounts of marijuana after the proposal squeaks by the city council.

May 23, 2000: Eighty-five US troops arrive in Guatemala to participate in the two-week-long "Operation Maya Jaguar," intended to provide training for Guatemalan police, to carry out seizures of illegal drug shipments, and to facilitate joint counternarcotics operations.

May 22, 2003: Maryland becomes the ninth state to relax restrictions on medicinal marijuana use for seriously ill patients when Governor Robert L. Ehrlich, Jr. signs a bill reducing the maximum penalty to a $100 fine. The law goes into effect on October 1. Ehrlich, the first Republican governor to sign a bill relaxing penalties for medicinal use of marijuana, signs the measure despite pressure from the Bush administration to veto it.

 

 

Marijuana: Pot Continues to Climb in Public Opinion Polls
Drug War Chronicles
May 9th 2009

 

Support for marijuana legalization or decriminalization among the American public continues to climb and may now be a majority position, if a pair of recently released polls are any indication. An ABC News/Washington Post poll released April 30 found that 46% of those surveyed supported "legalizing small amounts of marijuana for personal use," or decriminalization, while a Zogby poll released Wednesday found that 52% supported the legalization, taxation, and regulation of pot.

The 46% figure in the ABC News/Washington Post poll is the highest since the poll first asked the question in the 1980s, and more than double what the figure was just a dozen years ago. Support for decriminalization hovered at around one-quarter of the population throughout the 1980s, and was at 22% as recently as 1997. By 2002, support had jumped to 39%, and now it has jumped again.

When it comes to political affiliation, support for decrim is at 53% for independents, 49% for Democrats, and 28% for Republicans. Since the late 1980s, Democratic support has jumped by 29 points and independent support by 27. Even among Republicans, support for decrim has increased by 10 points.

Support was highest among people reporting no religious affiliation, with 70%, and lowest among evangelical white Protestants, at 24%. People under age 30 supported decrim at a rate of 57%, nearly twice that of seniors, at 30%. People in between the young and the old split down the middle.

The numbers were even better in the Zogby poll. Confronted with a straightforward question about marijuana legalization, 52% of respondents said yes, 37% said no, and 11% were not sure.

The pollsters asked: "Scarce law enforcement and prison resources, a desire to neutralize drug cartels and the need for new sources of revenue have resurrected the topic of legalizing marijuana. Proponents say it makes sense to tax and regulate the drug while opponents say that legalization would lead marijuana users to use other illegal drugs. Would you favor or oppose the government's effort to legalize marijuana?"

The poll was commissioned for the conservative-leaning O'Leary Report and published Wednesday as a full page ad in the Washington, DC, political newsletter The Hill. In that poll, the sample of respondents was weighted to reflect the outcome of the 2008 presidential race, with 54% Obama supporters and 46% McCain supporters.

"This new survey continues the recent trend of strong and growing support for taxing and regulating marijuana and ending the disastrously failed policy of prohibition," said Rob Kampia, executive director of the Marijuana Policy Project."Voters are coming to realize that marijuana prohibition gives us the worst of all possible worlds -- a drug that's widely available but totally unregulated, whose producers and sellers pay no taxes but whose profits often support murderous drug cartels," Kampia said. "The public is way ahead of the politicians on this."

 

Dear friend of drug law reform:

We have an historic opportunity to change drug policy right now because three major events are happening simultaneously.

 

 

 

I'll explain that in a moment, but first I want to ASK for your support at this important time.

Your membership in StoptheDrugWar.org will enable us to reach people in communities all across our nation and the world. I encourage you to join us today as we launch our exciting new 2009 "Changing Minds, Laws & Lives" campaign.

Now... here are the three converging events that have us so optimistic about 2009:

First, the Obama administration is doing a pretty good job of following through on its campaign promises for drug law reform — not perfect, but pretty good. Second, the economic crisis is forcing all government agencies — including correctional systems — to rethink their financial priorities. And third, we keep breaking visitor records at StoptheDrugWar.org. As the world's #1 source for news, information and activism promoting sensible drug law reform, we know that the more visitors we get, the more we're building the anti-prohibition movement.

Your participation at this point in history is very important, and I'd like to send you some free gifts to show our appreciation.

For a contribution of $36, you can choose either of our new StoptheDrugWar.org T-shirts pictured above — "Prohibition Doesn't Work" or "STOP" (click for an enlarged view). For a gift of $60 or more, you get both shirts. And for a contribution of $100 or more, you also get your choice of any single item from the StoptheDrugWar.org inventory.

Your membership today will make an immediate impact by helping StoptheDrugWar.org (DRCNet):

  • Produce more internet videos like "SWAT Raids -- No One is Safe" and fund more actions like our upcoming News Rewriting Project.
  • Grow the groundswell for change by helping grassroots organizations — our movement's "boots on the ground" — reach out to more people.
  • Pressure the Obama Administration to make good on all of its promises and lobby Congress to make smart funding choices by providing the truth about the Drug War.
  • Break more records*! With each improvement to our web site, we become an even more powerful resource for anyone (including media and politicians) to find information about the Drug War.

What you and I and our friends are doing together is working. We can't back off now. By taking advantage of the opportunity we have during this pro-reform climate, we can change minds, change laws and, most importantly, change good people's lives.

Thank you very much,

David Borden
Executive Director, StoptheDrugWar.org (DRCNet)

P.S. It's time to stop wasting time, money and good people's lives. Please join us in "Changing Minds, Laws & Lives" by adding your support to StoptheDrugWar.org while we have this unique opportunity. Thank you!

 

 

.Four-Twenty: A Day for Celebration or a Day for Remonstration?
DrugWarChronicles
25th April 2009

 

Over the past three decades, 4/20 has crept -- and then leapt -- into the public consciousness as the unofficial National Marijuana Day. While the origins and significance of 4/20 as a marijuana holiday are the subject of contention, the most commonly accepted version is the one enunciated by High Times editor Steve Hager SEE YOU TUBE VID BELOW...Hager explains that 4/20 began in 1971 as the code for a small group of San Rafael High School pot smokers who would gather after school at 4:20 to indulge in their vice.

Since then, 4/20 has mushroomed, embraced by countless marijuana enthusiasts as their special time of day, or, in the case of April 20, day of the year. What began as private celebrations of stoner togetherness have now morphed into sometimes massive public events hailing the herb, not to mention a whole industry of 4/20 paraphernalia makers and sellers. This year, as the topic of marijuana and marijuana law reform grows white hot (look for an article on that here next week), 4/20 celebrations garnered increased attendance and increased media attention. This year's 4/20 was probably the most recognized yet, with thousands of people gathering at places like the University of Colorado in Boulder and the University of California at Santa Cruz to celebrate the weed and to express that celebration by publicly toking up in massive numbers.

But it wasn't just Boulder and Santa Cruz. 4/20 events took place across the land, with several thousand people gathering in Denver and another large crowd in San Francisco. In New York City, High Times threw in a party. In Oakland, medical marijuana advocates used the occasion to conduct a fundraiser. In Memphis, hundreds participated. In Saratoga Springs, New York, about 100 Skidmore College students celebrated. Similar accounts can be heard from campuses and communities across the land.

"It's a time for us to celebrate our pastime, I guess you could call it, or adult substance of choice," Richard Lee, president of Oaksterdam University, an Oakland trade school for cannabis club workers told the Associated Press. "It's like St. Patrick's Day is for drinkers."

It wasn't just pot heads acknowledging 4/20. The cable TV network G4 ran marijuana-friendly programming all day. The cable TV network Showtime used 4/20 to send out a mass email promoting its hit series "Weeds." 4/20 seems to have come into its own.

But while 4/20 is proving wildly popular with Cannabis Nation and enterprising entrepreneurs, it is not without its critics, and some of the themes they hit will be familiar to anyone who has followed movement debates about strategy and tactics. Does the spectacle of mass drug-taking and law-breaking help the movement? Malakkar Vorhyzek doesn't think so.

Vorhzyek, the New York office coordinator for the Drug Policy Alliance, attacked the 4/20 celebrations in a same day blog post, In Opposition of 4/20 on 4/20. "How does it look, this annual celebration? Juvenile. Like our opponents to sensible drug policy have more sense than us. They celebrate their victories in real terms with a frame that makes it look like they're actually accomplishing something (when in fact, prohibition has failed by all measures). Their markers lead to more funding, more acceptance in political circles, more acceptance as an appropriate way to handle drugs in our society. The 4/20 celebrations, on the other hand, look imbecilic. Despite the miserable failure to radically alter the drug policy landscape, despite the hundreds of thousands of ruined lives from cannabis prohibition, these celebrations make those who appreciate or need cannabis look like people who are just happy to party," he continued.

While Vohrzek took pains to make it clear he supported ending drug prohibition, until the cannabis prisoners are freed, he said, "4/20 partying can go to hell." Instead of celebrating, Cannabis Nation should spend 4/20 "protesting the senseless policy of cannabis prohibition -- demanding amnesty, clemency and/or pardon to all cannabis 'offenders.' Once we achieve something like that, then celebrate."

"The 4/20 celebrations feed into a stoner stereotype that actually hurts us," said Vohryzek Wednesday, pointing to the inevitable front-page newspaper photos of very young people smoking pot in public. "Even when I was in the middle of my drug career, I didn't publicly celebrate it," said Vohryzek, whose drug career ended after he was sent to prison on LSD charges.

As a former drug war prisoner, said Vorhyzek, "I find it offensive that people are so set on celebration without paying any attention to all those people behind bars. I'm offended that people are celebrating while prohibition is still in place. What do you think people in prison or treatment think watching these events? We need to combine these 4/20 events with protests to say we won't celebrate while there are still people in jail."

Vohryzek also criticized the 4/20 events as "privileged" and "sending the wrong message." "We shouldn't be encouraging drug use of any kind," he said. "You don't have national meth snorting day. There is also a racial dynamic. Smoking marijuana is protected by privilege, whether it's skin color or a certain amount of money in the bank, so there is a sort of discriminatory aspect to it. You don't have 4/20 in the hood because the cops would be cracking down. 4/20 happens in white suburbs or college campuses, where privilege protects the participants," he said.

Bruce Mirken is communications director for the besuited Marijuana Policy Project. "We don't do 4/20 parties because we think there is a lot of value in letting people see the non-stereotypical side of our movement," he said. "I still have to handle way too many pot and stoner jokes."

Still, said Mirken, there is room in the big tent for everybody. "We are a large and mixed movement, and becoming larger every day as people come out of the closet. That's a healthy thing. I have a long history in other movements where there have been similar debates, and I've always been resistant to trying to censor anybody. I think we should let the world see the multitudes of folks who either use marijuana or think the laws need to be changed, but at the same time, if you're going to a public event, it wouldn't hurt to think about the possibility you'll end up on the evening news. Are you going to show up in a way that helps people understand and advance the issue or not?"

Colorado-based activist Mason Tvert of SAFER said his attitude toward 4/20 events was changing. "I've long held that these things aren't necessarily helpful," he said. "They may be counterproductive in terms of media coverage; in many cases, they send the message that marijuana smokers are irresponsible, that they're openly breaking the law."

But the event in Denver this week and the attention it garnered signals a change, he said. "I've had a shift in my attitude that I think reflects a shift in public attitude," Tvert said. "The headline in the Denver Post was 'Peaceful Pot Party at Civic Center,' and I was quoted about police just standing around with nothing to do. No incidents, no arrests, no injuries. If those cops were at a University of Colorado football game with all the drinking, they'd be in riot gear."

Tvert took issue with Vohryzek's characterization of 4/20 participants as "privileged." "Here in Denver, the majority of people out there were black and Hispanic youth, not upper class white kids at all. That skin privilege argument just wasn't the case at all in Denver."

There is also a certain hypocrisy about getting upset over people using marijuana in public, said Tvert. "This may not be the best image for our cause, but keep in mind there are public drinking events all the time and keep in mind that 4/20 is safer than any alcohol-fueled sporting event or party. We have to highlight the positive, safe, peaceful side of these events. Just compare Hemp Fest with Mardi Gras."

Even if movement leaders in all their wisdom decided that events like 4/20 are bad for the movement, they're not going away, said Tvert. "Here in Denver, people have been gathering to celebrate 4/20 for years. They're going to happen whether SAFER or DPA or MPP likes it or not. Our job is to figure out how to harness that energy. We have hundreds of people signing up to get involved at these events, and that's a good thing."

And that is probably the most sensible approach to the annual celebration of the marijuana subculture. It is a true grassroots phenomenon, percolating up from communities and campuses across the land like so much bubbling bong water, and now it seems to be breaking into the mainstream, too. 4/20 may not be the ideal face for the marijuana law reform movement, but it is the face of many of the people the movement claims to serve.

 

Mexico's Congress Hosts Forum on Marijuana Regulation, Decriminalization
Stop the DrugWar.org
April 20th 2009

 

President Obama flew into Mexico City Thursday to, among other things, restate his support for the existing drug war paradigm as he reiterated his backing for Mexican President Felipe Calderon's bloody war against Mexico's wealthy, powerful, and violent drug trafficking organizations, the so-called cartels. It's too bad he didn't schedule his trip for a few days earlier, because then he could have seen a new drug policy paradigm being born.

Earlier in the week, the Mexican Congress held a three-day debate on the merits of decriminalizing the personal use of marijuana. The debate, known as the Forums on the Regulation of Cannabis in Mexico, brought together government officials, elected representatives, academics and experts in a lively discussion of Mexican marijuana policy.

Although Mexico is a socially conservative country, and marijuana use is popularly -- if unfairly -- associated with lower-class criminality, the blood-stained fall-out from President Calderon's war against the cartels is creating social and political space for reform discussions that would have been impossible a decade ago. Since Calderon unleashed the Mexican army against the cartels at the beginning of 2007, the death toll has climbed to more than 10,000, and the spectacular, exemplary violence has shocked Mexican society.Felipe Calderon

While President Calderon has proposed legislation that would offer pot smokers treatment instead of jail, Calderon and his ruling conservative National Action Party (PAN) have stopped short of calling for legalization or decriminalization. The left-leaning Democratic Revolutionary Party (PRD) supports decriminalization, while the smaller Social Democratic Party (PSD) has called for the decriminalization of the possession of all drugs.

In 2006, Calderon's predecessor, Vicente Fox, moved to pass decriminalization legislation. But he pulled the bill after being pressured by the US.

While Obama has not weighed in on marijuana legalization or decriminalization in Mexico, the DEA has. Either course would mark "a failure" of US and Mexican drug policy, DEA chief of intelligence Joe Placido told El Universal Wednesday. "The legalization of marijuana in Mexico would create more misery and more addicts," he said. Nor would it weaken the cartels, he argued; instead, they would simply shift their attention to other illegal activities.

PSD Deputy Elsa Conde last year introduced three bills that would legalize medical marijuana, legalize hemp, and decriminalize marijuana possession, but the debate in Congress this week does not pertain to any particular piece of legislation. Instead, it lays the groundwork for future policy changes. Lawmakers have said they wanted to hear various viewpoints before considering any changes in the law.

Even the ruling PAN appears open to some sort of reform. "It's clear that a totally prohibitive policy has not been a solution for all ills," said Interior Department official Blanca Heredia. "At the same time, it's illusory to imagine that complete legalization of marijuana would be a panacea."

When it came to marijuana, said Heredia, neither total legalization nor prohibition should be the policy, but something in between. "Every new solution is necessarily partial," she said. "Every decision runs risks and brings with it new problems. We have to try to balance things carefully, to rigorously analyze the impact that different proposals would have on the drug market and the organized crime industry."

Javier Gonzalez Garza, leader of the left-leaning Democratic Revolutionary Party (PRD) in the Chamber of Deputies, said that while he favored decriminalizing marijuana, the topic should be discussed separately from other types of drugs, such as cocaine, heroin, and the synthetics.

"What we don't want is the criminalization of our youth for consuming or carrying marijuana," said Gonzalez. "That is the central point. If we made consuming or carrying marijuana a serious crime, there aren't enough jails in Mexico to hold everybody."

While the politicians talked politics, others took the discussion to loftier realms. Philosopher Rodolfo Vazquez Cardoso questioned whether it is ethically justifiable to criminalize the possession of drugs for personal use. He noted that while the theme of most discussion was the harmful effects of drug use, the central theme should instead be that of freedom.

"There is no legitimate objective of the judicial system to promote good living or virtue because that enters into conflict with the capacity of each individual to choose freely and rationally how to live his life and choose the ideals of virtue in accord with his own preferences," said Vazquez. Drug prohibition, he added, is based on "repressive paternalism" and violates the principle of personal autonomy.

For Ana Paula Hernandez of the Angelica Foundation, human rights and the rule of law were key concerns. She cited the "unmeasured militarization of the country as a consequence of the war against organized crime" and warned that those most affected by the drug war were the poor peasant communities that were "the weakest link" of the drug production chain.

"These ideas about controlling prohibited drugs are innovative," said political scientist and drug policy expert Luis Astorga. "When it comes to drugs, we don't have to follow the path of the United States, which hasn't worked. We need to develop ideas and policies distinct from those of the US. We have a very good opportunity to do something independent, as they have in Europe and Canada," he said.

But Armando Patron Vargas of the National Council Against Addiction in the Health Department said decriminalization wasn't necessary because Mexico doesn't criminalize drug addiction. "I don't see any urgent need to modify the status [of marijuana] and decriminalize use," he told the forum. The Mexican government guarantees treatment of addicts, he said, even if the investment in treatment is inadequate.

Dr. Humberto Brocca, a student of herbal and traditional medicine and a member of the pro-reform Grupo Canamo (Cannabis Group) told the forum it was time to end the prejudice and social stigma against pot smokers and urged legislators to be fearless in moving toward regulation "because fear is not a good advisor."

Brocca told the Chronicle Wednesday that while he did not expect quick change in the drug laws, the forum was a start. "It means that society is demanding some truth about important issues," he said.

Even the half-measure of decriminalization would make a big difference, he said. "It would take cannabis out of the criminal circuit and it would lower prices and guarantee good quality," Brocca said. "It would also remove cannabis from its role of rebellious banner for youth, thus making it less attractive for them. It would also help law enforcement to not waste its time on petty issues and focus on important ones, like going after the traffickers. And it would liberate the many people who currently serve time for nothing."

Mexico's lawmakers have had their chance to discuss marijuana law reform. Now it is time to craft and pass the necessary legislation to put those reforms in place. But with mid-term elections coming up in a couple of months, little is likely to happen before then.

 

 

 

Twenty Years of Drug Courts -- Results and Misgivings
StoptheDrugWar
April 12th 2009

 

The drug court phenomenon celebrates its 20th birthday this year. The first drug court, designed to find a more effective way for the criminal justice system to deal with drug offenders, was born in Miami in 1989 under the guidance of then local prosecutor Janet Reno. Since then, drug courts have expanded dramatically, with their number exceeding 2000 today, including at least one in every state.

According to Urban Institute estimates, some 55,000 people are currently in drug court programs. The group found that another 1.5 million arrestees would probably meet the criteria for drug dependence and would thus be good candidates for drug courts.

The notion behind drug courts is that providing drug treatment to some defendants would lead to better outcomes for them and their communities. Unlike typical criminal proceedings, drug courts are intended to be collaborative, with judges, prosecutors, social workers, and defense attorneys working together to decide what would be best for the defendant and the community.

Drug courts can operate either by diverting offenders into treatment before sentencing or by sentencing offenders to prison terms and suspending the sentences providing they comply with treatment demands. They also vary in their criteria for eligibility: Some may accept only nonviolent, first-time offenders considered to be addicted, while others may have broader criteria.

Such courts rely on sanctions and rewards for their clients, with continuing adherence to treatment demands met with a loosening of restrictions and relapsing into drug use subjected to ever harsher punishments, typically beginning with a weekend in jail and graduating from there. People who fail drug court completely are then either diverted back into the criminal justice system for prosecution or, if they have already been convicted, sent to prison.

Drug courts operate in a strange and contradictory realm that embraces the model of addiction as a disease needing treatment, yet punishes failure to respond as if it were a moral failing. No other disease is confronted in such a manner. There are no diabetes courts, for example, where one is placed under the control of the criminal justice system for being sick and subject to "flash incarceration" for eating forbidden foods.

Conceptual dilemmas notwithstanding, drug courts have been extensively studied, and the general conclusion is that, within the parameters of the therapeutic/criminal justice model, they are successful. A recently released report from the Sentencing Project is the latest addition to the literature, or, more accurately, review of the literature.

In the report, Drug Courts: A Review of the Evidence, the group concluded that:

  • Drug courts have generally been demonstrated to have positive benefits in reducing recidivism.
  • Evaluations of the cost-effectiveness of drug courts have generally found benefits through reduced costs of crime or incarceration.
  • Concern remains regarding potential "net-widening" effects of drug courts by drawing in defendants who might not otherwise have been subject to arrest and prosecution.

"What you have with drug courts is a program that the research has shown time and time again works," said Chris Deutsch, associate director of communications for the National Association of Drug Court Professionals in suburban Washington, DC. "We all know the problems facing the criminal justice system with drug offenders and imprisonment. We have established incentives and sanctions as an important part of the drug court model because they work," he said. "One of the reasons drug courts are expanding so rapidly," said Deutsch, "is that we don't move away from what the research shows works. This is a scientifically validated model."

"There is evidence that in certain models there is success in reducing recidivism, but there is not a single model that works," said Ryan King, coauthor of the Sentencing Project report. "We wanted to highlight common factors in success, such as having judges with multiple turns in drug court and who understand addiction, and building on graduated sanctions, but also to get people to understand the weaknesses."

"Drug courts are definitely better than going to prison," said Theshia Naidoo, a staff attorney for the Drug Policy Alliance, which has championed a less coercive treatment-not-jail program in California's Proposition 36, "but they are not the be-all and end-all of addressing drug abuse. They may be a step forward in our current prohibitionist system, but when you look at their everyday operations, it's pretty much criminal justice as usual."

That was one of the nicest things said about drug courts by harm reductionists and drug policy reformers contacted this week by the Chronicle. While drug courts can claim success as measured by the metrics embraced by the therapeutic-criminal justice complex, they appear deeply perverse and wrongheaded to people who do not embrace that model.

Remarks by Kevin Zeese of Common Sense for Drug Policy hit many of the common themes. "If drug courts result in more people being caught up in the criminal justice system, I do not see them as a good thing," he said. "The US has one out of 31 people in prison on probation or on parole, and that's a national embarrassment more appropriate for a police state than the land of the free. If drug courts are adding to that problem, they are part of the national embarrassment, not the solution."

But Zeese was equally disturbed by the therapeutic-criminal justice model itself. "Forcing drug treatment on people who happen to get caught is a very strange way to offer health care," he observed. "We would see a greater impact if treatment on request were the national policy and sufficient funds were provided to treatment services so that people who wanted treatment could get it quickly. And, the treatment industry would be a stronger industry if they were not dependent on police and courts to be sending them 'clients' -- by force -- and if instead they had to offer services that people wanted."

For Zeese, the bottom line was: "The disease model has no place in the courts. Courts don't treat disease, doctors and health professionals do."

In addition to such conceptual and public policy concerns, others cited more specific problems with drug court operations. "In Connecticut, the success of drug courts depends on educated judges," said Robert Heimer of the Yale University School of Public Health. "For example, in some parts of the state, judges refused to send defendants with opioid addiction to methadone programs. This dramatically reduced the success of the drug courts in these parts of the state compared to parts of the state where judges referred people to the one proven medically effective form of treatment for their addiction."

Heimer's complaint about the rejection of methadone maintenance therapy was echoed on the other side of the Hudson River by upstate New York drug reformer Nicolas Eyle of Reconsider: Forum on Drug Policy. "Most, if not all, drug courts in New York abhor methadone and maintenance treatment in general," he noted. "This is troubling because the state's recent Rockefeller law reforms have a major focus on treatment in lieu of prison, suggesting that more and more hapless people will be forced to enter treatment they may not need or want. Then the judge decides what type of treatment they must have, and when they don't achieve the therapeutic goals set for them they'll be hauled off to serve their time."

Still, said Heimer, "Such courts can work if appropriate treatment options are available, but if the treatment programs are bad, then it is unlikely that courts will work. In such cases, if the only alternative is then incarceration, there is little reason for drug courts. If drug court personnel think their program is valuable, they should be consistently lobbying for better drug treatment in their community. If they are not doing this, then they are contributing to the circumstances of their own failure, and again, the drug user becomes the victim if the drug court personnel are not doing this."

Even within the coerced treatment model, there are more effective approaches than drug courts, said Naidoo. "Drug courts basically have a zero tolerance policy, and many judges just don't understand addiction as a chronic relapsing condition, so if there is a failed drug test, the court comes in with a hammer imposing a whole series of sanctions. A more effective model would be to look at the overall context," she argued. "If the guy has a dirty urine, but has found a job, has gotten housing, and is reunited with his family, maybe he shouldn't be punished for the relapse. The drug court would punish him."

Other harm reductionists were just plain cynical about drug courts. "I guess they work in reducing the drug-related harm of going to prison by keeping people out of prison -- except when they're sending people to prison," said Delaney Ellison, a veteran Michigan harm reductionist and activist. "And that's exactly what drug courts do if you're resistant to treatment or broke. Poor, minority people can't afford to complete a time-consuming drug court regime. If a participant finds he can't pay the fines, go to four hours a day of outpatient treatment, and pay rent and buy food while trapped in the system, he finds a way to prioritize and abandons the drug court."

An adequate health care system that provided treatment on demand is what is needed, Ellison said. "And most importantly, when are we going to stop letting cops and lawyers -- and this includes judges -- regulate drugs?" he asked. "These people don't know anything about pharmacology. When do we lobby to let doctors and pharmacists regulate drugs?"

Drug courts are also under attack on the grounds they deny due process rights to defendants. In Maryland, the state's public defender last week argued that drug courts were unconstitutional, complaining that judges should not be allowed to send someone to jail repeatedly without a full judicial hearing.

"There is no due process in drug treatment court," Public Defender Nancy Foster told the Maryland Court of Appeals in a case that is yet to be decided.

Foster's argument aroused some interest from the appeals court judges. One of them, Judge Joseph Murphy, noted that a judge talking to one party in a case without the other party being present, which sometimes happens in drug courts, has raised due process concerns in other criminal proceedings. "Can you do that without violating the defendant's rights?" he asked.

A leading advocate of the position that drug courts interfere with due process rights is Williams College sociologist James Nolan. In an interview last year, Nolan summarized his problem with drug courts. "My concern is that if we make the law so concerned with being therapeutic, you forget about notions of justice such as proportionality of punishment, due process and the protection of individual rights," Nolan said. "Even though problem-solving advocates wouldn't want to do away with these things, they tend to fade into the background in terms of importance."

In that interview, Nolan cited a Miami-Dade County drug court participant forced to remain in the program for seven years. "So here, the goal is not about justice," he said. "The goal is to make someone well, and the consequences can be unjust because they are getting more of a punishment than they deserve."

Deutsch said he was "hesitant" to comment on criticisms of the drug court model, "but the fact of the matter is that when it comes to keeping drug addicted offenders out of the criminal justice system and in treatment, drug courts are the best option available."

For the Sentencing Project's King, drug courts are a step up from the depths of the punitive prohibitionist approach, but not much of one. "With the drug courts, we're in a better place now than we were 20 years ago, but it's not the place we want to be 20 years from now," he said. "The idea that somebody needs to enter the criminal justice system to access public drug treatment is a real tragedy."

 

 

This Week in History

 

April 14, 1989: A congressional subcommittee on Narcotics, Law Enforcement, and Foreign Policy, chaired by Sen. John Kerry (D-MA), issues a report finding that US efforts to combat drug trafficking were undermined by the Reagan administration's fear of jeopardizing its objectives in the Nicaraguan civil war. The report concludes that the administration ignored evidence of drug trafficking by the Contras and continued to provide them with aid.

April 13, 1995: The US Sentencing Commission votes to equalize penalties for crack and powder cocaine quantities for trafficking and possession offenses, a proposal that would have become law on November 1 if Congress took no action. Attorney General Janet Reno urges Congress to reject it the next day.

April 11, 1997: Graham Boyd, an ACLU attorney representing a group of plaintiffs including eleven prominent cancer and AIDS physicians in San Francisco, presents to a federal judge the following statement: "The federal government has issued broad threats against physicians who might recommend marijuana to some of their seriously ill patients. These threats have gagged physicians and have impeded the responsible practice of medicine. We assert that doctors have the right to discuss medical marijuana with patients, and we are seeking clear guidelines for physicians who wish to do so."

April 15, 1998: California Superior Court Judge David Garcia orders Dennis Peron, author of Proposition 215, to cease operations of his Cannabis Cultivators' Club (CCC) in San Francisco. Judge Garcia writes, "The court finds uncontradicted evidence in this record that defendant Peron is currently engaging in illegal sales of marijuana." The illegal sales, the court said, were to "primary caregivers," not patients as defined by California's medical marijuana law. Peron agrees to resign as head of the CCC in an effort to keep the operation open.

April 16, 1998: The Iowa Legislature overwhelmingly approves a bill enhancing marijuana penalties for repeat offenders, and enabling police officers to conduct drug tests on drivers who appear to be operating under the influence of marijuana.

April 12, 2002: Canada's Toronto Sun reports that a recent report cites Ontario's indoor marijuana industry as the third largest agricultural sector in the province, a $1-billion industry surpassed only by dairy's $1.3 billion and beef cattle's $1.2 billion. Add to that the multi-millions being harvested from outdoor crops and marijuana cultivation in this province moves into the top spot on the list.

April 10, 2003: In the wake of the federal conviction of medical marijuana grower Ed Rosenthal, US Rep. Sam Farr (D-CA) and 27 other members of Congress introduce H.R. 1717 (the "Truth in Trials Act").

April 16, 2004: Richard Paey, a wheelchair-bound pain patient, is sentenced to 25 years in prison by a Florida judge. Paey, who was convicted of forging prescriptions for pills to ease chronic, severe back pain dating from failed surgeries after an auto accident in 1985, was sentenced under Florida law as a drug dealer -- though even prosecutors conceded there is no evidence he did anything other than consume the opioid pain relievers himself. (Paey was later pardoned by Gov. Charlie Crist.)

 

 

Wouldn't it hurt the economy to make ALCOHOL ILLEGAL?
Comment
March 30th 2009

 

If so, then why wouldn't it help the economy to make MARIJUANA LEGAL?

During today's On-line Presidential Town Hall, President Barack Obama acknowledged that the most popular questions he received from the American people were in regard to marijuana, and whether making it legal, regulating it, and treating it like alcohol could generate revenue, create jobs and help the economy.

"I don't know what this says about the online audience," he said, laughing along with those in attendance. "The answer is no, I don't think that [is] a good strategy."

What this says about the online audience is that they're either more informed or less ideological than he is when it comes to the subject of marijuana. And although the President's small, hand-picked audience might have been laughing with him, millions of Americans are either laughing at him... or not laughing at all.

If you're one them, please visit http://www.WhiteHouse.gov today and use the on-line form to send a quick message to President Obama, letting him know you are outraged by his position on marijuana, as well as his continued failure to provide any logical explanation for it to the American people. Then be sure to forward this message along to others.

We also encourage you to ask him:

• Wouldn't it hurt the economy if local, state and federal governments were not receiving billions of dollars in alcohol-related tax revenue? If so, then why wouldn't it raise equally valuable tax revenue when it comes to marijuana?

• Wouldn't it hurt the economy if millions of Americans lost their jobs producing, distributing, selling, and promoting alcohol? If so, then why wouldn't it create these types of jobs when it comes to marijuana?

Most importantly, be sure to ask him: 

Why are you so accepting of alcohol use and the economic benefits that accompany it, yet so opposed to the use of a far safer substance and its surefire economic benefits?

Is it because your presidential campaign received hundreds of thousands of dollars from the alcohol industry? ($432,170 to be exact, according to OpenSecrets.org)

Is it because alcohol is your recreational drug of choice (these days)?

Just why do you prefer Americans use a drug that contributes to tens of thousands of deaths each year instead of one that contributes to ZERO? Why do you prefer they use a drug that contributes to domestic violence, sexual abuse, and other violent crimes instead of one that has never been found to contribute to such problems? Why do you prefer people use alcohol rather than make the safer choice to use marijuana instead?

Why are you driving Americans to drink, Mr. President?

 

 

US Senator Introduces Bill to Create Commission for "Top-to-Bottom" Review of Criminal Justice System
DURGWAR.ORG
March 28th 2009

 

US Sen. Jim Webb (D-VA) yesterday introduced a bill that would create a commission designed to overhaul the US criminal justice system. The bill would create a commission that would have 18 months to do a top-to-bottom review of the criminal justice system and US Sen. Jim Webb come back with concrete, wide-ranging reforms to address the nation's sky-high incarceration rate, responsd to international and domestic gang violence, and restructure the county's approach to drug policy.

"America's criminal justice system has deteriorated to the point that it is a national disgrace," Webb said in introducing the bill. "Its irregularities and inequities cut against the notion that we are a society founded on fundamental fairness. Our failure to address this problem has caused the nation's prisons to burst their seams with massive overcrowding, even as our neighborhoods have become more dangerous. We are wasting billions of dollars and diminishing millions of lives. We need to fix the system. Doing so will require a major nationwide recalculation of who goes to prison and for how long and of how we address the long-term consequences of incarceration."

Opening with an all too familiar litany of ills plaguing the US criminal justice system-- skyrocketing incarceration, the imprisonment of nonviolent drug offenders, the negative effects of drug prohibition -- the bill calls on the commission to make specific finding regarding:

  • Reasons for increase in the US incarceration rate compared to historical standards;
  • Incarceration and other policies in similar democratic, western countries;
  • Prison administration policies, including the availability of pre-employment training programs and career progression for guards and prison administrators;
  • Costs of current incarceration policies at the federal, state & local level;
  • The impact of gang activities, including foreign syndicates;
  • Drug policy and its impact on incarceration, crime and sentencing;
  • Policies as they relate to the mentally ill;
  • The historical role of the military in crime prevention and border security;
  • Any other area that the Commission deems relevant.

Sen. Webb is also looking for policy change recommendations on drug policy, reentry programs for ex-offenders, prison reforms, and how better to deal with international and domestic criminal organizations.

That Webb should introduce such a sweeping bill comes as little surprise given his history of interest in the field. In 2007, he led a Joint Economic Committee hearing on mass incarceration, and last year, he led another Joint Economic Committee hearing on the economic cost of drug policy, as well as returning to the theme on various other occasions

 

California Dispensary Operator Faces Decades in Federal Prison at Sentencing Monday
StoptheDrugWar.org
March 21st 2009

 

The Obama administration may have put an end to the DEA raids on medical marijuana providers in states where it is legal (see story here), but the legacy of the Bush administration's crusade against medical marijuana continues. Morro Bay, California, dispensary operator Charles Lynch is a case in point. After having been convicted of federal marijuana law violations, he goes to court for sentencing Monday, where he faces a mandatory minimum five-year prison sentence and the possibility of up to 100 years behind bars.

Lynch didCharlie Lynch everything by the book. Before opening his business in April 2006, he first contacted the DEA, which eventually told him it was "up to cities and counties" to decide about dispensaries. He also sought and received all necessary business permits from the city of Morro Bay.

But that didn't stop a local law enforcement official bent on shutting down his Central Coast Compassionate Caregivers from going after him. San Luis Obispo County Sheriff Pat Hedges unleashed an 11-month investigation into Lynch and the dispensary. He and his deputies surveilled the premises, took down license plate numbers and stopped the vehicles of dispensary workers and clients, and even resorted to using criminal undercover informants in a failed bid to get Lynch to violate state law.

Sheriff Pat Hedges couldn't find enough evidence against Lynch to even get a search warrant from state courts, so he turned to the DEA. On March 29, 2007, the feds hit full-force, raiding the dispensary and Lynch's home in full paramilitary attire. Lynch was not arrested at the time, and reopened the dispensary on April 7, 2007. The DEA then threatened the dispensary's landlord with seizure of his property if he didn't evict the Central Coast Compassionate Caregivers. On May 16, 2007, the dispensary shut down for good.

The DEA wasn't done with Lynch. Two months later, in yet another paramilitary-style raid, they arrested Lynch at his home and charged him with five counts of violating the federal marijuana laws.

After a trial in which -- as is always the case in federal court -- neither California's medical marijuana law nor the fact that Lynch was operating under it could be admitted as evidence, a jury convicted him of all counts in August 2008.

Lynch has received strong support from his local community, as well as sympathizers across the state and country. Demonstrations have been (and will be) held to demand justice in his case. Whether community support for Lynch or the Obama administration's commitment to not prosecute cases that do not involve violations of state medical marijuana laws will have any impact will only be found out Monday.

With the Obama administration's pronouncements so far on medical marijuana, it may be that the era of federal raids on medical marijuana providers is over. But as long as people like Charles Lynch are facing years in federal prison and others are serving sentences there, there is still some unfinished business if justice is to be served.

 

 

Cops Shoot Michigan Student Over "A Few Tablespoonfuls" of Marijuana
StoptheDrugWar.org
March 21st 2009

 

Grand Valley State University film student Derek Copp is an avowed marijuana aficionado, reform activist, and a "a left-wing hippie peace-keeping liberal," according to his Facebook page. As of last week, he is also a victim of the drug war, or, more precisely, of police heavy-handedness in enforcing what appears to be a petty violation of the marijuana laws. Copp was shot and seriously wounded March 11 by a police officer who was part of a task force raiding his residence with a search warrant.

According to a compilation of local media accounts of the shooting, an Ottawa County deputy coming through the apartment's back door shined a flashlight in Copp's face, causing him to raise his right hand to cover his eyes. The officer then fired one round, striking the student in the chest. Copp said he had no idea the man who shot him was a law enforcement officer.

"He never even had a chance to even see who was coming at him, with a bright flashlight in his face," said his mother, Derek Copp police victimSheryl Copp. "He had no clue. He heard someone knock on his door, and he had no clue."

According to the Ottawa County Sheriff's Office, Copp was shot in the chest by a sheriff's deputy acting as a member of the West Michigan Enforcement Team, which consists of Ottawa County deputies and members of the Michigan State Police. Police have not identified the deputy, nor is it known whether he has been suspended. Investigators said Copp, 20, did not threaten or confront police when they entered his home. Nor have they revealed the search warrant, what they were looking for, or what they found.

But an attorney hired by Copp's family after the shooting said it was all over a very small amount of marijuana. In a Tuesday statement, attorney Frederick Dilley said: "I have been asked what drugs may have been seized by those executing the search warrant at Derek Copp's apartment. To my knowledge, the raid resulted in the seizure of a few tablespoonfuls of marijuana, and nothing more," Dilley continues, "The primary concern remains the manner in which this raid was carried out. And the apparent lack of any justification whatsoever for the use of force... much less deadly force in executing a search warrant."

Dilley is not alone in his concerns. The Grand Valley State University Student Senate issued a statement the same day wishing "Derek a full and complete recovery" and questioning police conduct. "Even though this incident took place off-campus," the statement said, "Student Senate is greatly concerned with the actions of the law enforcement team. Student Senate will await a full and complete explanation from the Michigan State Police. Like all students, we want to know why the West Michigan Drug Enforcement Team entered Derek Copp's apartment and why a firearm was used."

Even the university president demanded to know what had happened to one of his students. In a Monday e-mail to the university community, President Thomas Haas wrote: "The fact that this incident took place off-campus diminishes neither my interest nor my concern. The university's campus security staff was not involved. Like many of you, I await a full and complete explanation from law enforcement, and I have made a formal request for such information. I want to know what brought the Enforcement Team to Derek's apartment and why a firearm was discharged."

The shooting has also led to at least two protest demonstrations by students demanding answers. "Justify This Shooting!" demanded one sign held by a demonstrator. "We want answers!" read another. "Marijuana or not, unjust shot!" and "Our campus is not a war zone!", students chanted at a campus demo on Friday.

The Michigan State Patrol is investigating the shooting. That means the state police are investigating themselves, since the Western Michigan Enforcement Team consists of state police and Ottawa County sheriff's deputies.

 

 

Meeting in Vienna, UN Commission on Narcotics Drugs Prepares to Head
Further Down Same Prohibitionist Path, But Dissenting Voices Grow Louder

Stop-the-Drug-War
March 16th 2009

 

The United Nations Commission on Narcotic Drugs (CND) met this week in Vienna to draft a political statement and plan of action to guide international drug policy for the next decade. The statement largely affirms existing prohibitionist policies and ignores harm reduction, as the CND has done it the past. [Editor's note: The draft statement had not been formally approved as of press time, but is likely to be approved as is.]

UN COMMISSION ON DRUGSThe political statement is supposed to evaluate the implementation of the previous political declaration and action plan approved by the UN General Assembly Special Session (UNGASS) in 1998. At the 1998 session, UNGASS adopted the slogan "A Drug-Free World -- We Can Do It" and launched a "campaign" to wipe out all drug crops -- from marijuana to opium to coca -- by 2008.

But while the international community continues to slide down its century-old prohibitionist path regarding non-medicinal drug use and sales, it is encountering an increasing amount of friction. The United States, as leader of the hard-liners, continues to dominate the debates and set the agenda, but an emerging bloc of mainly Latin American and European countries is expressing deep reservations about continuing the same policies for another decade.

The atmosphere in Vienna this week was circus like, complete with street protests, as national delegations, non-governmental organizations (NGOs), and other interested parties heatedly debated what an increasingly vociferous minority called a "failed" approach to the issue. Debate was particularly intense about the inclusion of harm reduction in the political statement -- a position rejected by the US delegation, led by outgoing acting drug czar Edward Jurith.

The drug summit came as the UN, the CND, and the countries pushing the prohibitionist hard-line have come under repeated attack for essentially maintaining the status quo. On Tuesday, the European Commission issued a report that found while in the past decade policies to help drug users and go after drug traffickers have matured, there was little evidence to suggest that the global drug situation had improved.

"Broadly speaking the situation has improved a little in some of the richer countries, while for others it worsened, and for some of those it worsened sharply and substantially, among which are a few large developing or transitional countries," an EC media statement on the report said. "In other words, the world drugs problem seems to be more or less in the same state as in 1998: if anything, the situation has become more complex: prices for drugs in most Western countries have fallen since 1998 by as much as 10% to 30%, despite tougher sentencing of the sellers of e.g. cocaine and heroin in some of these markets."

Current anti-drug policies also came under attack from a growing coalition of NGOs, including Human Rights Watch, the International Harm Reduction Association, the European NGO Coalition for Just and Effective Drug Policies (ENCOD), and the International Drug Policy Consortium, as well as various NGOs from the US, Brazil, Canada, and England, among others, all of whom were in Vienna for the meeting. Human Rights Watch urged the CND to undo a decade of neglect, while the English group Transform Drug Policy Foundation called for a moratorium on global strategic drug policy setting, a review of the consequences of prohibitionist policies, and a commission to explore alternatives to the failed war on drugs.

UN ANTI DRUGS PROTEST"Every state that signs up to the political declaration at this commission recommits the UN to complicity in fighting a catastrophic war on drugs," said Danny Kushlick, policy director for Transform. "It is a tragic irony that the UN, so often renowned for peacekeeping, is being used to fight a war that brings untold misery to some of the most marginalized people on earth. 8,000 deaths in Mexico in recent years, the destabilization of Colombia and Afghanistan, continued corruption and instability in the Caribbean and West Africa are testament to the catastrophic impact of a drug control system based upon global prohibition. It is no surprise that the declaration is unlikely even to mention harm reduction, as it runs counter to the primary impact of the prevailing drug control system which, as the past ten years demonstrate, increases harm."

Not all the action took place in the conference hall. Wednesday saw a lively demonstration by NGO groups including Students for Sensible Drug Policy, the drug user group INPUD, ENCOD, and the Hungarian Civil Liberties Union, among others. Protestors spoke to reporters from jail-like cages, waved signs and passed out pamphlets to delegates forced to run their gauntlet, and decried the harms of drug prohibition. One particularly effective protestor was dressed as a sun-glass wearing, cigar-puffing Mafioso, celebrating that business was good thanks to prohibition.

Even UN Office on Drugs and Crime (UNODC) head Antonio Maria Costa, while whistling past the graveyard to insist that progress had been made in the past decade, acknowledged that current global policies have backfired in some ways. Giving the opening address Wednesday, Costa said "the world drug problem has been contained, but not solved" thanks to international anti-drug efforts.

But global drug control efforts have had "a dramatic unintended consequence," he added, "a criminal black market of staggering proportions." The international drug trade is "undermining security and development and causing some to make a dangerous wager in favor of legalization. Drugs are not harmful because they are controlled; they are controlled because they are harmful." Drug legalization would be "a historic mistake," he said.

Even so, Costa painted a dire picture of what prohibition had wrought: "When mafias can buy elections, candidates, political parties, in a word, power, the consequences can only be highly destabilizing" he said. "While ghettoes burn, West Africa is under attack, drug cartels threaten Central America and drug money penetrates bankrupt financial institutions".

un cop out, yet againNot everybody was buying into the UNODC-CND-US position of more of the same. Bolivian President Evo Morales brandished a coca leaf, then chewed it during his address to the delegates to underline his demand that coca be removed from the list of proscribed substances.

"This is coca leaf, this is not cocaine; this is part and parcel of a culture," Morales said. The ban on coca was a "major historical mistake," he added. "It has no harmful impact, no harmful impact at all in its natural state. It causes no mental disturbances, it does not make people run mad, as some would have us believe, and it does not cause addiction."

Neighboring Brazil was also critical. "We ought to recognize the important progress achieved over the last decade," said Brazilian delegate Jorge Amando Felix. "But the achievements have not been accomplished. The aim of a world free of drugs has proven to be unobtainable and in fact has led to unintended consequences such as the increase of the prison population, increase in violence related to an illegal drug market, increase in homicide and violence among the young population with a dramatic impact on mortality and life expectancy -- social exclusion due to drug use and the emergence of synthetic drugs."

Felix also had some prescriptions for UNGASS and the CND. "At this historic moment with the opportunity to reassess the past 10 years and more importantly to think about the challenges to come, Brazil enforces the need for recognition of and moving towards: harm reduction strategies; assessing drug dependence, and HIV AIDS populations; securing the human rights of drug users; correcting the imbalance between investments in supply and demand reduction areas; increasing actions and programs of prevention based on scientific evidence with an emphasis towards vulnerable populations and towards increase of access to and care for problematic or vulnerable drug users; and to the acknowledgment of different models of treatment for the need for increased funding of these efforts."

Brazilian Luis Guanabara, head of the NGO Psicotropicus, observed it all with mixed feelings. "Early on, I thought the NGO strategy for harm reduction would not result in anything and that we should aim for drug regulation instead," he said. "And in the end, the term harm reduction is not in the political declaration, but the Beyond 2008 document is very strong and has not gone unnoticed."

un madnessGuanabara had harsh words for both the Americans and the UN. "It seems like the American delegates believe harm reduction is a sin -- or they favor harm increase, so they can lock up more people and have more HIV patients, increase crime, sell more weapons and make money out of the disgrace of others and families' destruction. Their prohibitionist stance is obscene," he declared. "And these guys at the CND understand nothing of drugs and drug use, they are just bureaucrats. To put drugs in the hands of bureaucrats is as dangerous as putting them in the hands of criminals."

But despite the lack of results this time around, Guanabara was thrilled by the participation of civil society. "The civil society mobilization is enormous and intense," he said. "The NGO events around the meeting were the real high-level meetings, not the low-level ones with the bureaucrats at the CND."

While the sentiments from Brazil and Bolivia were echoed by various national delegations, mainly European, and while even the UNODC and the US are willing to give nods to an increased emphasis on treatment and prevention, with the US delegation even going so far as to approve of needle exchanges, at the end of the day, the CND political declaration and action plan represents a stubborn adherence to the prohibitionist status quo.

"Government delegations could have used this process to take stock of what has failed in the last decade in drug-control efforts, and to craft a new international drug policy that reflects current realities and challenges," said Prof. Gerry Stimson, executive director of the International Harm Reduction Association. "Instead, they produced a declaration that is not only weak -- it actually undermines fundamental health and human rights obligations."

American attendee and long-time drug reform activist Michael Krawitz also had mixed feelings. "The slow train wreck that Harry Anslinger started with the 1961 Single Convention is finally grinding to a halt," he said. "The argument here has been a semantic one over harm reduction, but the subtext is much more important, and the subtext is that the treaties were set up to protect public health and are currently being interpreted in such a way as to do the opposite. The declaration wound up being watered down and piled high with reservations. The next five years should prove interesting."

The IHRA and other NGOs called on governments with reservations about the political declaration to refuse to endorse it. That probably will not happen, but some governments have indicated they will add reservations to their approval of the declaration. After a century of prohibition, the first formal cracks are beginning to appear at the center of the legal backbone of global drug prohibition. Given that the dissent has largely appeared only since the last UNGASS in 1998, perhaps this isn't such a bad start.

 

Which is safer: MDMA or peanuts?
MAPS
March 7th 2009

 

We are witnessing a change in our culture as result of the work that MAPS does and our members support. This week, military.com, an online news media outlet wrote MDMA PILLSan enthusiastic article about our MDMA-assisted psychotherapy for the treatment of posttraumatic stress disorder research. Military.com has ten million members who potentially have read the article! On February 11, the editorial board at New Scientist posed a mental exercise to their readers: Which is safer to give to a perfect stranger, MDMA or Peanuts? You should give them ecstasy, of course. A much larger percentage of people suffer a fatal acute reaction to peanuts than to MDMA. The editorialist went onto call for a rational drugs headdebate about the true damage caused by illegal drugs - which pales into insignificance compared with the havoc wreaked by legal drugs such as alcohol and tobacco. Until then, we have no chance of developing a rational drug policy.

Meanwhile, the Drug Enforcement Administration (DEA) is hampering MAPS abilities to do scientific research with marijuana. One ardent MAPS supporter has taken the initiative to campaign on our behalf. We hope that you will help us by going to www.scienceoverpolitics.org and send a message to the Obama administration and your two senators to end the anti-science ideology promoted by DEA.
There are many important items in this months MAPS news, but a couple logistical items require particular attention: Save the date: April 16-18 2010. MAPS is having a conference in the San Francisco Bay Area. We will bring together researchers from all around the world to present their latest findings. We will be offering continuing medical education and continuing education credits to attendees. More details below.
Maps has a new mailing address
MAPS
309 Cedar Street, #2323
Santa Cruz, CA, 95060

 

'Clam Cows' and the clueless EU mandarins..
News2020.com
March 9th 2009

The hills may no longer be alive with the sound of groovy cows, if the Swiss Agriculture Ministry means business. Piqued by the fact that quite a number of farmers are not abiding by European Union norms operational since March 2005 prohibiting the use of hemp as cattle fodder,“Many of the cows are stressed nowadays. If they eat hemp, they calm down... the authorities have threatened to now crack down. As all those competent in Latin know, hemp belongs to the cannabis sativa family, and thus is a kissing cousin of marijuana, hashish and other dodgy delectables.
It turns out that in the Alpine countries of Switzerland and Liechtenstein, cattle farmers have been using hemp fodder for years now to make them produce more and better milk. The logic provided by one farmer is incontestable: “Many of the cows are stressed nowadays. If they eat hemp, they calm down. Now, a milk cow which is calm produces better milk. That is a fact.” Unfortunately, EU mandarins udderly clueless about dairy or farming matters don’t want hemp in European cows. Although there has been no clear evidence that tetrahyrdocannabinol (THC), the chemical compound in cannabis responsible for making cows relaxed and Bob Dylan stoned, can be passed on through cattle meat, traces of THC have been found to filter through to the milk and dairy products of cows fed on hemp. And the authorities are not keen on Swiss chocs and Gruyere cheese becoming the latest substitute for a good roll of Manali.
So as Europe’s cows are kept off the grass, we here in India may just have found a quicker way to produce bhang in the coming Holi season. This could be better than any fodder scam.


 

Too Many Americans Behind Bars at Too High a Cost, Says Pew Study
DrugWarChronicles
March 6th 2009

 

American states spent about $52 billion on corrections last year, the vast majority of it on prisons, and that's not smart, the Pew Center on the States said in a report released Monday. As a cost saving measure in a time of fiscal crisis at the statehouses, states should instead emphasize spending on community corrections.

The study, 1 in 31: The Long Reach of American Corrections, reported that one in every 31 Americans is in jail or prison or on probation or parole. That's more than 7 million people under state supervision, and that's more than double the rate 25 years ago. The report adds that the real figure may be closer to 8 million because the numbers don't include people under state supervision in pre-trial diversion programs, such as drug courts.

The rates of correctional control vary by race and geography. One in eleven black adults (9.2%) are enjoying the tender mercies of the state, compared to one in 27 Hispanics (3.7%) and one in 45 whites (2.2%). With one of every 13 adults behind bars or on probation or parole, Georgia has the highest percentage of its population under surveillance, followed by Idaho, Texas, Massachusetts, Ohio, and the District of Columbia.

"Violent and career criminals need to be locked up, and for a long time. But our research shows that prisons are housing too many people who can be managed safely and held accountable in the community at far lower cost," said Adam Gelb, director of the Center's Public Safety Performance Project, which produced the report.

But while prisons account for about 90% of the overall correction budget in the states, two-thirds of offenders are on probation or parole, not behind bars. Pressures to cut community corrections spending in the current crisis are penny wise but pound foolish, said the report.

"New community supervision strategies and technologies need to be strengthened and expanded, not scaled back," Gelb argued. "Cutting them may appear to save a few dollars, but it doesn't. It will fuel the cycle of more crime, more victims, more arrests, more prosecutions, and still more imprisonment."

the wall

The study recommended that states:

  • Sort offenders by risk to public safety to determine appropriate levels of supervision;
  • Base intervention programs on sound research about what works to reduce recidivism;
  • Harness advances in supervision technology such as electronic monitoring and rapid-result alcohol and drug tests;
  • Impose swift and certain sanctions for offenders who break the rules of their release but who do not commit new crimes; and
  • Create incentives for offenders and supervision agencies to succeed, and monitor their performance.

The report did not address the role of drug prohibition in swelling the nation's prison population, nor did it question whether drug offenders should be arrested in the first place, let alone placed under state surveillance or imprisoned.

 

This Week in History

 

March 10, 1839: Lin Tse-hsu, the governor of the Chinese province of Hu-Huang, proclaims that the opium trade will no longer be tolerated in Canton, and he begins arresting known opium dealers in the local schools and naval barracks. Those found guilty of purchasing, possessing or selling opium are sentenced to public execution by strangulation. "Let no one think," Lin proclaimed, "that this is only a temporary effort on behalf of the Emperor. We will persist until the job is finished."

March 6, 1907: Gov. James Gillett signs the Poison Act Amendments, launching California's war on drugs.

March 11, 1966: Psychedelic guru Timothy Leary receives a 30-year prison sentence in Texas for trying to cross into the US from Mexico with a small amount of marijuana.

March 8, 1973: The US Coast Guard conducts its first Coast Guard-controlled seizure when the USCGC Dauntless boards a 38-foot sports fisherman boat, the Big L, and arrests its master and crew with more than a ton of marijuana on board.

March 9, 1982: The largest US domestic cocaine seizure ever to date raises US awareness of the Medellin cartel. The seizure of 3,906 pounds of cocaine, valued at over $100 million wholesale, from a Miami International Airport hanger tells US law enforcement that Colombian traffickers must be working together because no single trafficker could be behind a shipment that large.

March 10, 1984: By tracking the illegal sale of massive amounts of ether to Colombia, the DEA and Colombian police discover Tranquilandia, a laboratory operation deep in the Colombian jungle. In the subsequent bust, law enforcement officials destroy 14 laboratory complexes, which contain 13.8 metric tons of cocaine, 7 airplanes, and 11,800 drums of chemicals, conservatively estimated at $1.2 billion. The bust confirms the consolidation of the Medellin cartel's manufacturing operation.

March 12, 1998: Canada legalizes hemp production and sets a limit of 0.3% THC content that may be present in the plants and requires that all seeds be certified for THC content.

March 12, 1998: The mayors of San Francisco, Oakland, Santa Cruz and West Hollywood write letters to President Clinton asking him to keep the cannabis buyers clubs open. They tell the president: "If the centers are shut down, many of these individuals will be compelled to search back alleys and street corners for their medicine," and ask him to "implement a moratorium on enforcement of federal drug laws that interfere with the daily operation of the dispensaries."

March 9, 2001: William J. Allegro, 32, of Bradley Beach, New Jersey is sentenced to 50 years in prison for growing marijuana in his home. "The court imposed this sentence because the court felt obligated to do so under the law," says Judge Paul F. Chaiet, a former prosecutor. "Mandatory sentencing provisions can create difficult results. In the court's view, this is one of those times where the ultimate results are difficult to accept."

March 10, 2004: In a Washington Post article, "Obesity Passing Smoking as Top Avoidable Cause of Death," Health and Human Services Secretary Tommy G. Thompson, when asked about unhealthy foods, says, "I don't want to start banning things... Prohibition has never worked." [NOTE: In 2000, only 0.7% of all deaths were due to illicit drug use while poor diet and physical inactivity was responsible for 16.6% of all deaths.]

 

End of an Era? No More DEA Raids on Medical Marijuana Dispensaries, US Attorney General Says
StopthedrugWar.org
March 1st 2009

 

In response to a question at a Wednesday news conference, US Attorney General Eric Holder said the Justice Department will no longer raid medical marijuana dispensaries in states where they are legal under state law. The announcement marks the fulfillment of a President Obama campaign promise, and it marks the end of 13 years of stubborn federal resistance to state medical marijuana programs.


   

DEA raids of medical marijuana facilities in California continued after Obama's election in November and even after his inauguration last month. Holder was asked if those raids represented Justice Department policy under the new administration.

"Shortly after the inauguration there were raids on California medical marijuana dispensaries. Do you expect these to continue?" the reporter asked, noting that the president had promised to end the raids in the campaign.

"No," Holder responded. "What the president said during the campaign, you'll be surprised to know, will be consistent with what we'll be doing in law enforcement. He was my boss during the campaign. He is formally and technically and by law my boss now. What he said during the campaign is now American policy." (Watch the video here.)

Nearly 75 million Americans live in the 13 states where medical marijuana is legal. But because of the federal government's refusal to recognize state medical marijuana laws, dozens of dispensaries in California have been raided by the DEA, typically in over-the-top paramilitary-style operations. More than a hundred people are facing prosecution, sentencing, or are already imprisoned under draconian federal marijuana laws because of their roles in operating dispensaries.

"There has been a lot of collateral damage in the federal campaign against medical marijuana patients," said Steph Sherer, medical marijuana patient and executive director of Americans for Safe Access (ASA), the nation's largest medical cannabis advocacy organization. "We need to stop the prosecutions, bring the prisoners home, and begin working to eliminate the conflict between state and federal medical marijuana laws."

At an ASA press conference hastily called for Thursday afternoon, Sherer elaborated. "I'm overjoyed to finally hold a press conference with some great news," she said. "Today is a victory and a huge step forward in what has been at times a cruel and tragic period. My outrage over the raids was shared by millions of Americans, and now our collective voice has been heard in Washington. We look forward to working with the Obama administration to harmonize the conflicts with state laws once and for all."

But for some patients and dispensary operators, the damage has already been done. Larry Epstein operates a legal medical cannabis dispensing collective in Marina Del Rey, California, that was raided by the Drug Enforcement Administration (DEA) on February 4, despite President Obama's statements on the campaign trail indicating a change in federal policy.

"We had been operating as a legitimate cooperative dispensary per California law for a number of years," said Epstein. "But the DEA came in here as if we were operating an illegal drug cartel. They stole all our property, all our product, and froze our bank accounts. Now, we can't pay our taxes; that's part of what they stole. It's devastating when they do those types of actions, never mind the hundreds of patients who rely on our facility to get their medicine."

Heather Poet operates a medical cannabis dispensing collective in Santa Barbara, California. The Justice Department has pressured her landlord to evict the collective using threats of prosecution and civil asset forfeiture. Her case prompted US Representative Lois Capps (D-CA) to ask Attorney General Holder to stop any and all prosecutions of property owners in a February 16 letter.

"Our landlord has twice been threatened by the US Attorney for the Central District of California, most recently just last month," Poet said. "If he did not initiate the termination of our lease for the 'illegal use' of his property -- we were operating legally under California law -- they would begin forfeiture proceedings against his property. That's when I contacted Rep. Capps. Within a week, she had contacted ASA and begun working on that letter. We are so grateful and proud of her for working so quickly to protect our rights and those of our patients. This has been a real travesty for so many sick people in California who have had to worry. Now, thousands of people will be able to breathe easier."

One person who isn't breathing easier just yet is Charles C. Lynch, a Morro Bay dispensary operator arrested and convicted on federal marijuana distribution charges. Lynch faces the dubious distinction of being perhaps the last person sent to prison under the federal war against medical marijuana; he faces at least a five-year mandatory minimum sentence when he is sentenced March 23.

"I became a medical marijuana patient in 2005 and decided we needed a dispensary here in the San Luis Obispo area so patients didn't have to drive 90 miles to Santa Barbara," Lynch explained. "Before I opened the dispensary, I called the DEA and asked them their policy. They told me it was up to the cities and towns, so I got a business license from the city of Morro Bay, and opened up on April 1, 2006. The mayor, the city attorney, and council members all came by to visit the facility. We even joined the Morro Bay Chamber of Commerce. I did everything I thought was necessary to run a legitimate business."

But thanks to a recalcitrant local sheriff who, lacking any basis under state law to go after the dispensary, sicced the DEA on it, Lynch's dispensary was raided. "In March 2007, they raided me, took all my money and froze my bank account. They made it sound like I was selling drugs to children in the schoolyard. The city of Morro Bay reissued my business license -- the DEA had stolen it, too -- and I reopened for business. Two weeks later, the DEA threatened my landlord with forfeiture unless he evicted us for good, so on March 16, 2007, the dispensary closed for good."

That has been sufficient to slake the fed's thirst for vengeance in many dispensary raids: Trash the premises, steal the money and property, and drive the business out of existence. But in other cases, federal prosecutors wanted an extra pound of flesh and actually prosecuted dispensary operators. Charles Lynch falls into that unfortunate latter category.

"On July 17, 2007, I woke up to federal agents banging down my door with an arrest warrant for federal marijuana distribution charges," Lynch related. "I had a spotless record, but I had to post a $400,000 bond to get out of federal detention. The DEA and the sheriff did everything in their power to defame me, destroy me, and destroy my life. Now, I have been found guilty on five counts of distribution and await sentencing. I'm filing for bankruptcy, my friends are scared to talk to me because the feds are breathing down my neck. They've destroyed my life."

Clearly, Attorney General Holder's announcement Wednesday is a major breakthrough for the medical marijuana movement. Just as clearly, there are still messes to clean up and injustices to be righted. It is only when there is no one remaining in or threatened with federal prison for helping sick patients that the medical marijuana movement will have achieved real justice.

 

'drug war rethink'
BostonGlobe
Febuary 22nd 2009

While the appointment is still not official, White House officials have said President Obama has chosen as his drug czar the police chief of Seattle, a city with enlightenedGil Kerlikowske policies on drug-law enforcement. Gil Kerlikowske did not originate those policies, but he has maintained them and seen their benefits during his nine years as chief. He should be an effective advocate for Obama's own less punitive positions.

After his Senate confirmation, Kerlikowske should get to work putting flesh on Obama's campaign promise to "focus more on a public-health approach" to drug abuse. Step one will be to get Congress to lift the ban on federal spending for needle-exchange programs, a proven method of limiting the spread of infectious diseases like HIV/AIDS and hepatitis C. Candidate Obama said he favored lifting the ban.

The United States has a chance to make clear at the United Nations summit on drugs in Vienna in March that it now favors needle exchanges. Other "harm reduction" strategies that emphasize drug treatment and intervention also deserve attention.

Candidate Obama also said he would end federal police raids on providers of marijuana in the 13 states that have legalized medical use of the drug. As a senator, he backed a bill that would end the racial disparities in sentencing for cocaine convictions.

"The war on drugs has been an utter failure," Obama said during the campaign. A gauge of its failure is that drug abuse persists at high levels even though the United States, with less than 5 percent of the world's population, incarcerates almost 25 percent of the world's inmate population, many in prison for drug offenses. A shift in drug policy from jail to treatment and rehabilitation could be one of Obama's most meaningful achievements.

 

 

This Week in History

February 23, 1887: The 49th Congress of the United States enacts legislation that provides a misdemeanor fine of between $50 and $500 ($1,100-$11,000 in today's dollars) for any US or Chinese citizen found guilty of violating the ban on opium.

February 21, 1971: The United States joins with other countries in signing the international Convention on Psychotropic Substances, in Vienna, Austria.

February 26, 1995: Former mayor of San Francisco Frank Jordan is quoted in the Los Angeles Times, saying, "I have no problem whatsoever with the use of marijuana for medical purposes. I am sensitive and compassionate to people who have legitimate needs. We should bend the law and do what's right."

February 20, 1997: CNN reports that a prestigious panel of experts convened by the National Institutes of Health said there is promising evidence that smoking marijuana may ease the suffering of some seriously ill patients.

February 25, 1997: President Bill Clinton proposes spending $175 million for a national television blitz targeting drug use by America's youth. Matching funds from the private sector would be sought. Clinton says, "If a child does watch television -- and what child doesn't -- he or she should not be able to escape these messages."

February 22, 2000: Due to drug-related violence, the US State Department issues a traveler's advisory warning for Tijuana, México City, and Ciudad Juárez, which are labeled as "dangerous." Juárez Mayor Gustavo Elizondo protests to US Secretary of State Madeleine Albright.

February 24, 2000: Members of the Belgian Parliament make a proposal to modify their laws in order to partially decriminalize the possession of cannabis and its derivatives. Simple marijuana possession is effectively decriminalized three years later.

February 21, 2001: The New York Times reports that a recent study released at a World Health Organization meeting found that American teens are more likely to smoke marijuana and use other illicit drugs than their European counterparts. While they are more likely to smoke cigarettes and drink alcohol, only 17 percent of European 10th graders reported marijuana use, compared to 41 percent of American 10th graders. The study is interesting considering the US implements a zero-tolerance approach while many European countries tend to employ harm-reduction strategies and are generally more tolerant.

 

 

Drug Reformers Boycott Kellogg Cereals Over Dumping of Michael Phelps Over Bong Photo
Stop The Drug War
Febuary 13th 2009

 

Mixing equal parts genuine outrage and political calculation, major elements of the drug reform movement have begun a national boycott of cereal giant Kellogg over its treatment of Olympic gold medalist Michael Phelps. Phelps was famously caught holding a bong in a photograph that surfaced last week, leading Kellogg to refuse to renew his endorsement contract.

So far, Kellogg stands alone in dumping Phelps. Other corporations with which he had endorsement deals, such as Subway, have stood by him. He has been handed a three-month suspension by Colorado Springs-based USA Swimming , which is now under attack for its treatment of the Olympic champion by the Colorado activists of Safer Alternatives for Enjoyable Recreation (SAFER), led by Mason Tvert.

In a statement last week, the Michigan-based Kellogg said Phelps' behavior was "not consistent with the image of Kellogg." Oddly enough, Kellogg did not have a problem with Phelps' 2004 conviction for drunk driving. As recently as last fall, Kellogg's was touting its partnership with the hero of the Beijing Olympics.

"Michael's commitment to encouraging healthy lifestyles, especially among children, is in linemichael_phelps_corn_flakes_bong_box with our many programs that educate consumers and promote good nutrition," said Brad Davidson, president of Kellogg North America. "He demonstrates that winning is not just about the glory that comes with gold medals, but that it's also about good sportsmanship, eating right, working hard and being your best."

Kellogg did not respond to Drug War Chronicle calls and emails this week requesting comment.

As the Phelps affair rocketed through the media -- it has been the subject of countless mass media reports, sports columns, and blog postings -- anger over Kellogg's treatment of the talented swimmer percolated through the drug reform community, as well as among marijuana aficionados everywhere.

"Kellogg's dismissal of Phelps is hypocritical and disgusting, and our members are angrier than I've ever seen them," said Marijuana Policy Project (MPP) executive director Rob Kampia. "Kellogg's had no problem signing up Phelps when he had a conviction for drunk driving, an illegal act that could actually have killed someone. To drop him for choosing to relax with a substance that's safer than beer is an outrage, and it sends a dangerous message to young people," he said.

"Kellogg is telling young people that drunk driving is okay, but using a social relaxant that's safer than beer gets you fired," Kampia continued. "That's not just outrageous, it's potentially lethal. We all know that boycotts are difficult to pull off, but the 100 million Americans who've made marijuana this nation's number one cash crop represent a lot of buying power -- buying power that Kellogg may wish it hadn't alienated."

MPP is by no means alone. In a coordinated effort, groups including the Drug Policy Alliance (DPA), Students for Sensible Drug Policy (SSDP), the National Organization for the Reform of Marijuana Laws (NORML), and StoptheDrugWar.org have endorsed the boycott.

And it isn't just the "pro-pot lobby," as some media have referred to the reform groups, that is upset. Kellogg was so inundated with calls complaining about its decision to dump Phelps that it had to set up a special phone line to handle them all. The Kellogg Phelps line was getting so many calls it was listed above the line for dealing with questions about salmonella-tainted peanut butter products.

''If you would like to share your comments regarding our relationship with Michael Phelps, please press one to speak to a representative,'' said the recording. ''If you're calling about the recent peanut butter recall, please press two now.''

Boycotts are iffy things; their success depends not only on mobilizing consumers to act, but also on the willingness of the target to be influenced. The groups involved in the boycott said they understood the chances of persuading Kellogg to reverse its decision were not great, but that helping Phelps regain his lucrative endorsement deal was not the only reason for the action.

"We are trying to bring attention to the fact that Michael Phelps has committed an act that millions and millions of Americans have committed," said Amber Langston, SSDP eastern region outreach director, who noted that about 25,000 people had signed on to the group's petition -- begun before the Kellogg announcement -- urging that Phelps not be barred from Olympic competition. "He's still a hero, he's not a bad person, and he doesn't deserve to be punished. Our students have really mobilized to let Kellogg know how we feel."

The Phelps bong brouhaha and the South Carolina arrests of students attending the party where he was photographed could have a silver lining, Langston said. "Those arrests were completely ridiculous, but some good could come of all this by bringing attention to the fact that people are being needlessly punished. Phelps should not be arrested, and neither should the people who were there with him."

Langston may be on to something. Media coverage of the affair has been remarkable in that it has sparked more coming out of the closet as pot smokers than ever before and notable for the mocking tone about the hand-wringing over Phelp's bong photo and marijuana in general.

"This has struck a nerve like never before," said DPA's Ethan Nadelmann. "It is a case of overreach that provides an opportunity for the movement," he said. "When you look at the overwhelming majority of responses to this, it was give me a break, we have a president who smoked pot, enough with this hypocrisy. They are trying to say this sends the wrong message to the kids, but this is a guy who brought home a dozen gold medals."

Kellogg's decision to dump Phelps provided a rare opening for the reform movement, said Nadelmann. It's easier to pressure a corporation than a government, he noted.

"One of the challenges we face in drug policy reform," said Nadelmann, "is that we don't often have the option of targeting corporations doing bad things because we are mostly opposed to government -- not corporate -- policies. But this is an easy case. Also, Kellogg is a very prominent company, and it is helpful to be able to go after a visible target. And to be able to say that millions of Americans will no longer be turning to Kellogg when they have the munchies is a laugh line, but it's also true."

"The boycott call gives us a venue to really put the issue in perspective and talk about why marijuana prohibition is harmful and counterproductive," said MPP communications director Bruce Mirken. "It's a way to put the issue out into the public discussion. Nobody would care if this guy was photographed holding a martini or a bottle of beer, yet there is all this uproar despite there being no dispute that alcohol is the more dangerous drug."

And it's working, Mirken said. "We're a bit blown away by the intensity of the media attention around this. We've been doing radio interviews literally all day, and we have more scheduled for tonight," he said Wednesday. "Even if we don't change Kellogg's position -- and we know that effective boycotts are difficult -- this gives us a huge opportunity to educate the public about the fact that the laws don't make any sense."

 

Keep the Promise President Obama
Stop the Medical Marijuana Raids

February 6th 2009

 

One of President Obama's campaign promises last year was that he would stop the DEA's cruel and senseless raids on medical marijuana clinics. But less than two weeks since he took office, such raids have already been conducted on two occasions, hitting several clinics in the Los Angeles area last Tuesday.

We are hoping this is just Bush administration holdovers at work, and an administration spokesperson yesterday had encouraging words to this effect in the media -- change is coming on this issue, the Obama administration says. Follow the link below to our feature report to read more.

In the meanwhile, patients and the people who serve them are being subjected to continued injustice. Please click here to e-mail President Obama and Attorney General Eric Holder to ask them to take action now to stop the raids sooner rather than later.

If you are on Facebook or might want to be, please click here to sign our petition to President Obama on this issue. Please forward both of these links to your friends too.

We have advance-published our Drug War Chronicle feature story on this week's raids and the administration response. Click here to read it. Thank you for taking action to bring positive change to US drug policy now!

 

 

 

The White House: Obama on Drug Policy
StoptheDrugWar.org
January 22nd 09

 

The incoming Obama administration has posted its agenda online at the White House web site Whitehouse.gov. While neither drug policy nor criminal justice merited its own category in the Obama agenda, several of the broad categories listed do contain references to drug and crime policy and provide a strong indication of the administration's proclivities.

But before getting into what the agenda mentions, it's worth noting what the agenda does not mention: marijuana. There is not a word about the nation's most widely used illicit drug or the nearly 900,000 arrests a year generated by marijuana prohibition. Nor, despite Obama campaign pledges, is there a word about medical marijuana or ending the DEA raids on providers in California -- which doesn't necessarily mean he will go back on his word. It could well be that the issue is seen as too marginal to be included in the broad agenda for national change. With the first raid on a medical marijuana clinic during the Obama administration hitting this very week, reformers are anxiously hoping it is only the work of Bush holdovers and not a signal about the future.

Reformers may find themselves pleased with some Obama positions, but they will be less happy with others. The Obama administration wants to reduce inequities in the criminal justice system, but it also taking thoroughly conventional positions on other drug policy issues.

But let's let them speak for themselves. Here are the relevant sections of the Obama agenda:

Under Civil Rights:

  • End Racial Profiling: President Obama and Vice President Biden will ban racial profilingPresident Obama by federal law enforcement agencies and provide federal incentives to state and local police departments to prohibit the practice.
  • Reduce Crime Recidivism by Providing Ex-Offender Support: President Obama and Vice President Biden will provide job training, substance abuse and mental health counseling to ex-offenders, so that they are successfully re-integrated into society. Obama and Biden will also create a prison-to-work incentive program to improve ex-offender employment and job retention rates.
  • Eliminate Sentencing Disparities: President Obama and Vice President Biden believe the disparity between sentencing crack and powder-based cocaine is wrong and should be completely eliminated.
  • Expand Use of Drug Courts: President Obama and Vice President Biden will give first-time, non-violent offenders a chance to serve their sentence, where appropriate, in the type of drug rehabilitation programs that have proven to work better than a prison term in changing bad behavior.
  • Promote AIDS Prevention: In the first year of his presidency, President Obama will develop and begin to implement a comprehensive national HIV/AIDS strategy that includes all federal agencies. The strategy will be designed to reduce HIV infections, increase access to care and reduce HIV-related health disparities. The President will support common sense approaches including age-appropriate sex education that includes information about contraception, combating infection within our prison population through education and contraception, and distributing contraceptives through our public health system. The President also supports lifting the federal ban on needle exchange, which could dramatically reduce rates of infection among drug users. President Obama has also been willing to confront the stigma -- too often tied to homophobia -- that continues to surround HIV/AIDS.

Under Foreign Policy:

  • Afghanistan: Obama and Biden will refocus American resources on the greatest threat to our security -- the resurgence of al Qaeda and the Taliban in Afghanistan and Pakistan. They will increase our troop levels in Afghanistan, press our allies in NATO to do the same, and dedicate more resources to revitalize Afghanistan's economic development. Obama and Biden will demand the Afghan government do more, including cracking down on corruption and the illicit opium trade.

Under Rural Issues:

  • Combat Methamphetamine: Continue the fight to rid our communities of meth and offer support to help addicts heal.

Under Urban Issues:

  • Support Local Law Enforcement: President Obama and Vice President Biden are committed to fully funding the COPS program to put 50,000 police officers on the street and help address police brutality and accountability issues in local communities. Obama and Biden also support efforts to encourage young people to enter the law enforcement profession, so that our local police departments are not understaffed because of a dearth of qualified applicants.
  • Reduce Crime Recidivism by Providing Ex-Offender Supports: America is facing an incarceration and post-incarceration crisis in urban communities. Obama and Biden will create a prison-to-work incentive program, modeled on the successful Welfare-to-Work Partnership, and work to reform correctional systems to break down barriers for ex-offenders to find employment.

STOP Drug Prohibition
America's Civil War

 

 

 

 

American Drug War Economics - Volume 1

 

 

 

Lil Wayne on the American Drug War