Drug WarRant Friday, September 12, 2003 Drug War News Round-up "Decriminalizing Pot a Good First Step" is an outstanding OpEd by Barney Sneiderman in today's Winnipeg Free Press: When the state resolves to prohibit any conduct, it should have the burden of proving why the heavy hand of the criminal law is called for.  Surely it cannot be up to the individual to prove why the conduct in question should not be criminalized.... ...the use of drugs for recreational purposes is so widespread across cultures that the very notion of a War on Drugs is a war upon human nature.  We would do well to pay heed to the Dutch policy on drugs -- the pillar of which is called "harm reduction." Although as in Canada, the Dutch Penal Code bans drugs such as marijuana, cocaine, and heroin, they do not enforce the provision against possession for personal use.  The rationale is as follows.  If anyone's use of an illicit drug is not harmful, there is no reason for state intervention.  If the drug is being abused, the arm of the state to invoke is not law enforcement, but rather public health.  Moreover, the Dutch understand that they will sooner get abusers into treatment programs if they treat them as patients.  In short, their policy is designed to reduce harm by adopting a health approach as opposed to compounding the harm of drug abuse itself by branding the drug taker as a criminal. "Your Brain on Bad Science" -- More on how science is perverted by the government in its effort to prove its case, in a follow-up today in the LA Weekly on the ecstasy research scandal. According to some scientists, Ricaurte, who gets substantial grant money from the National Institute on Drug Abuse ( NIDA ), has often omitted data that might undermine his case that even low or occasional doses of MDMA can cause brain damage -- an argument that has been used to halt potentially significant research into MDMA's therapeutic applications. "Two Suits Filed Over Police No-Knock Raids at Wrong Homes" in yesterday's New York Times. "I really thought that I would die that day," Ms. Rogers said... "...the lawyer who filed both suits yesterday, Norman Siegel, said that in recent years the department has increasingly relied on the no-knock warrants that permit the surprise entries. He said police data showed that officers search more than 460 addresses every month in the city, and that the vast majority of those searches were conducted under warrants that permitted the no-knock entries. "Bush Administration Should Stop Picking on the Terminally Ill" by law professor Phyllis Coleman (yesterday, AScribe Newswire) ...Now back to why the federal government wants it this way. 1. They claim no proof exists that marijuana is beneficial. It's true there isn't much data. Know why? The only legal use of Schedule I drugs is federally approved research. But the federal government won't approve such experiments. Makes you understand how Alice felt gazing up from that rabbit hole. 2. Another argument is that marijuana is illegal, even for medicinal purposes. Whose fault is that? Remember, the Controlled Substance Act was passed to prevent drug abuse and trafficking. But if physicians prescribe marijuana, they will limit its use. And if restrictions on obtaining it are removed, trafficking should not be a problem. 3. There is also the claim that marijuana is not safe. Consider who is eligible for such prescriptions. The primary group is those with end-stage cancer. Chemotherapy, the usual treatment, is poison. Other beneficiaries would be HIV/AIDS patients for whom commonly ordered drugs also are toxic. Notably, neither Mr. Bush nor Mr. Ashcroft appear to object to these drugs. 4. Finally, some argue marijuana doesn't make sick people better. Neither does morphine. They both make patients feel better rather than cure them. Thus, again the question of why the Bush administration is taking on the terminally ill. Kind of makes you wonder what they've been smoking. This week's "Drug War Chronicle" has even more excellent information on the ecstasy study controversy, and "Drug Sense Weekly" has a recap of the week's drug war news. Update: Reader Jay Allen has more on the ecstasy study on his site. 9:36:37 PM |  drug policy | Links | permalink | comment [] Chong's Bongs Long to Belong Followup to yesterday's story: NORML has an action page where you can easily drop a line to complain to Congress about the waste of law enforcement resources going after drug paraphernalia, and ask that Tommy Chong be freed. Go there now. It's really easy, and this is a great way to tell Congress about the excesses of the drug war. No, really. Do it now. I'll wait... 9:15:21 PM |  drug policy | Links | permalink | comment [] Thursday, September 11, 2003 Chong Bong Gone Wrong Thanks to Tim Cavanaugh at Hit and Run, I learned that Tommy Chong has been sentenced today to nine months for selling bongs online. This is the first sentencing coming out of the federal government's Operation Pipe Dreams and Operation Headhunter in February, which involved over 2,000 law enforcement officers, plus multiple federal, state, and local agencies. Through their intensive investigation, they were actually able to discover companies that manufactured and sold glass pipes and other devices that were being sold online. Of course, they could have also found these companies by spending 5 minutes with Google. You see, paraphernalia has always been a bit of a grey area, in that many items can be used for multiple purposes. A pipe can be used to smoke tobacco. In the past, those who manufactured and sold these items got along fine as long as they didn't promote drug use with their products. However, the administration decided to change the interpretation -- not through a public information campaign, but through a massive bust involving over 50 arrests, seizures of glass art and websites, and loss of jobs (including Chong's business). If you'd like to know more about Operation Pipe Dreams and Operation Headhunter, check out Jesse Katz's July article in Rolling Stone: "White House Tries to Ban Bongs". It's a very good piece on the subject. A recent study showed that over 19 million Americans used illegal drugs last year. Clearly, this major effort by the government is another attempt to stop drug use. So I asked my friend George how this affected him: "Well, you know, I like to toke up a little on the weekends, particularly when I'm watching the Sci-fi channel. But now that you can't buy bongs, I guess I won't be able to anymore. It really sucks, 'cause I've got a whole ounce of BC Bud that I'm going to have to throw out. "But hey, I understand. They've gotta fight those terrorists, and I heard there's some kind of connection there. I guess the terrorists use the bongs for, uh, something." The government's plan must be working! I then asked George to say the title of this post four times fast, but he refused. Perhaps the definitive quote on this subject comes from "One War Or Another - It's Bongs Over Baghdad" in the Toronto Star: At the end of the day, "Operation Pipe Dreams," as the crackdown was creatively named, did nothing more than screw up the lives and livelihoods of several dozen entrepreneurs and provide the authorities with an elaborate media stunt to disguise the fact that they're not doing their real job. To help all those drug users who no longer can smoke their pot, I am going to break the law and offer special marijuana pipes online. DEA, come and get me. These pot paraphernalia pipes are pictured at right. Now, some people say that these items can be used for bizarre purposes like eating, making pies, or target practice for expert archers. But I'm here to tell you that their purpose is for smoking pot. So, here is the link to purchase your own Apple Pipes. (Note: some assembly required, pen shaft and aluminum foil screen not included) 8:56:28 PM |  drug policy | Links | permalink | comment [] Wednesday, September 10, 2003 Welcome, M.A.S.H. Tonight was the first meeting this year of M.A.S.H. (Mobilizing Students and Activists for Hemp), a student group at Illinois State University (I am their advisor). Organizations like this are extremely important for spreading the word about the travesties in the war on (some) drugs, and it looks like we've got a good group this year. If you're in the area and want to get involved, let me know and I'll get you connected with the officers (the group's a bit web-impaired right now, although we hope that will change). So I'd like to welcome all the members of M.A.S.H. to Drug WarRant. Good to have you here. Add a comment or drop me a line. A few things you might be interested in checking out: The economic report I prepared last year with the help of M.A.S.H. is available here. The July action in Congress regarding medical marijuana is reported here. The hemp bars we had tonight at the meeting were from Ruth's Hemp Foods. The information I mentioned about marijuana being legal for private possession in the home in Alaska is available here. For an great national organization for student activists in the war on drugs, check out Students for a Sensible Drug Policy. Some excellent reference material on Cannabis is available at Vaults of Erowid. For historical background on Hemp, there are a ton of interesting articles at The Schaffer Library of Drug Policy 11:49:14 PM |  drug policy | Links | permalink | comment [] Tuesday, September 9, 2003 Drug War Tragedies, Drug War Economics, and Naked, Pot-smoking Reverends TULIA DEFENDANTS EAGER TO BUILD LIVES ANEW Hog farmer Joe Moore was wrongly convicted of selling cocaine and sent to prison for 90 years. He lost more than his freedom.  He lost his livelihood and he lost his health, as his diabetes worsened while he was behind bars. A high-profile legal battle discredited the accusing police officer and led to pardons for Moore and 34 others this summer.  Some found bitterness in their return to Tulia.  Many still struggle to rebuild. There's still a lot to do in the Tulia case. Every day, we hear about arrests in the drug war, with jubilant drug warriors holding up the spoils. But we don't hear enough about how the drug war ruins lives. It's a juggernaut that destroys everything in its path -- from those who choose to use (some) drugs to those who just happened to get in the way. BU professor takes pot shots at marijuana laws Legalizing pot would save the Bay State as much as $138 million a year, a Boston University economics professor claims in a study released yesterday. The report, written by Professor Jeffrey A.  Miron for the pro- marijuana group Change the Climate, says that eliminating enforcement costs and taxing marijuana sales could save the salary equivalent of 2,300 cops, teachers and firefighters. This Change the Climate report once again points out the economic cost of this failed war. If you consider the fact that any legalization scheme would likely include some kind of tax on the product, the figures underestimate the financial benefit to Massachusetts of legalization. (see also the report I prepared last year: Cannabis Plant, Drug Prohibition, and Illinois Economic Development) And now for something completely different... Pot religion earns legal merit: Hey, as far as I'm concerned, you shouldn't need a religion to get naked and smoke pot. (Or am I just trolling for search engine traffic?) 8:42:00 PM |  drug policy | Links | permalink | comment [] Monday, September 8, 2003 Stupid Drug War Tricks Jeff at RandomActOfKindness is much more alert to local Illinois news than I am and he found these gems/outrages. Check them out. Sorry, we didn't mean to include ourselves. Officials in Colfax, Illinois voted to drug test all city employees. When they realized that would include the board members, they voted to exempt themselves. What few consider is that, except in safety critical occupations, drug testing is ineffective, often counter-productive, and insulting. And drug testing schemes do not test for workplace impairment. If I was a Colfax city employee, I would deliver my clean urine sample to each of the board members individually, along with my resignation. Sorry, we need some more cars. A drug sting in Chicago netted 205 arrests and 81 impounded vehicles. If police have nothing better to do than go around selling pot, they should at least tell the customers how expensive it is. "40 bucks, a misdemeanor and my car? Hmmm, I think I'll keep shopping, thanks." Sorry, wrong address. This one is just too funny, horrible, stupid and sad. Read it. 5:05:47 PM |  drug policy | Links | permalink | comment [] Sunday, September 7, 2003 Safe Haven for Junkies Salon.com has an in-depth feature tomorrow on Canada's plans for safe-injection sites for addicts. "Canada's Safe Haven for Junkies" is a strong, balanced piece which shows the realities of the world of the addict, along with the challenges of reducing the death, destruction and cost through methods other than failed supply-side interdiction and criminal prosecution. It's an excellent balanced piece and is definitely worth a read. The article points out successful programs of this type which have been conducted in other countries, and also reports on the fear with which our drug warriors in the United States view any attempt to find a new solution. As soon as Vancouver's planned site gained Canadian federal approval in late June, U.S. drug czar John Walters went off. "It's immoral to allow people to suffer and die from a disease we know how to treat," he told the Associated Press. "There are no safe-injection sites," he added, calling the policy "a lie" and "state-sponsored personal suicide." David Murray, special assistant in the U.S. Office of National Drug Control Policy, told the Vancouver Sun on May 2 that likely "unintended consequences" of the safe-injection site could force the U.S. to tighten border controls to prevent increased drug trafficking. That could, of course, negatively impact trade of all sorts... UCLA's Kleiman offers a bit more tempered advice for a displeased Bush administration. "A really sensible U.S. government might say to Canada, 'We think this is a really dangerous experiment, but if you're crazy enough to try it in your neighborhood, God bless you, and we'll watch,'" he says. "A scientific view of drug policy would say, 'Here's an opportunity for us to learn something.' Of course, that's not what I expect to see from Washington." For another personal view, check out this post by Last One Speaks (scroll down to "How Did I Get Here?"), which wrestles with the challenges many in the drug reform community must face when taking on the horrors of Heroin addiction. 10:45:24 PM |  drug policy | Links | permalink | comment [] Another Drug Task Force Run Amuck From today's Sequin Gazette-Enterprise in Texas, "Task force comes under fire" The 24th and 25th Judicial District Narcotics Task Force was described as a maverick law enforcement operation by state officials who for more than a year were thwarted repeatedly in their attempts to reign in the Seguin-based drug interdiction force, according to the Department of Public Safety.... Inspections of the narcotics task force (NTF) drug vault in Seguin conducted in early 2002 by task force and DPS officials, and an earlier audit ordered by City Manager Jack Hamlett all indicated that evidence in the custody of the NTF was missing, according to DPS records... In addition to discovering inaccurate logbooks and missing evidence, DPS officials inquired about a Seguin narcotics task force agent who had been assigned to the Drug Enforcement Administration in San Antonio. The Seguin task force had “little contact or supervisory control” over its agent, who was said to have participated in the seizure of 1,200 pounds of marijuana in Laredo several weeks before, “but had only informed Commander Majors of the seizure within the last few days,” Walker said... A March 2002 review of Seguin confidential informant files indicated the files were not in compliance with established policy, reports were missing from some of the files, and that, “there were no letters from prosecutors authorizing the utilization of current defendants,” Walker said... DPS officials discovered during further inquiries in the spring of 2002 that the Seguin NTF had been asked to stay out of Goliad and DeWitt counties by law enforcement officials there because of the task force’s reputation for “unprofessional police activities,” according to DPS documents... These drug task forces have been developed all over the country, and are a major source of corruption and violence in the drug war. Often it is task forces like these that circumvent state laws regarding asset forfeiture by working with the feds to add seized assets to their budgets. They are also often responsible for many of the tragedies of the drug war (see Drug War Victims). 9:49:31 PM |  drug policy | Links | permalink | comment [] More on Prosecutorial Abuse I've already ranted a bit on prosecutorial misconduct on this blog - one of my pet peeves. Via MAP, there is an interesting article at the Orange County Register: "The other destructive trial lawyers: Rogue prosecutors with a big bag of dirty tricks take huge toll around U.S." (free registration required) by Michael Arnold Glueck, M.D., and Robert J. Cihak, M.D. We hear a lot about the excesses of private practice trial lawyers. But another group of trial lawyers has been left alone to go about their dirty work with few restrictions - and all at taxpayers' expense. And their abuse isn't just a taxpayer issue; it should also be seen as a justice issue, a privacy issue and a civil liberties issue. We refer to government prosecutors who abuse their positions to further their careers and power while spending your money. They use high-publicity cases, such as those involving the hot "drug du jour" such as OxyContin, as career steppingstones on the backs of the defendants, instead of serving the public or justice. A recent study by the Center for Public Integrity found that prosecutors stretched, bent or broke rules so badly that appeals court judges have dismissed criminal charges, reversed convictions or reduced sentences in more than 2,000 cases since 1970. (note: The Center for Public Integrity study referenced is Harmful Error: Investigating America's Local Prosecutors.) The article also mentions that a new group is being formed called the Coalition Against Prosecutorial Abuse. I'll report more on their activities as I get information. 8:57:14 PM |  drug policy | Links | permalink | comment []