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Drug WarRant
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Friday, March 19, 2004 |
Oooh look... the Drug Czar can do magic!
 Here's an amazing little item that slipped by me while I was out of town. I did not realize that the Drug Czar was so incredibly talented!
You may recall last September in Seattle that the Drug Czar was criticizing a vote to de-emphasize marijuana enforcement activities, and he said:
"The real issue is should we legalize marijuana," Walters said. "Let's have a debate about that."
Well, naturally, I, and most other drug reformers said "Any time, any place." I even offered to pay my own way.
Well it looks like there can be no debate. The Czar waved his magic wand last week in Las Vegas and declared that legalizing marijuana "is not an area for legitimate debate."
Wow! The magnitude of his powers!
Rather than actually debating, he was able to magically negate the existence of alternate viewpoints or awkward facts!
Note: While you're at it, check out Steve Sebelius in the Las Vegas Mercury who seems to be almost as outraged about Walters as I am.
8:14:09 PM | drug policy | Related | permalink |
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Sloppy evidence and unethical state officials
Ross, a defense attorney and regular reader of Drug WarRant (nice to know!), tipped me off to this story in the Seattle Post-Intelligencer.
Arnold Melnikoff is being fired for sloppy work. For years he's been working for the state of Washington, as a crime lab forensic scientist, doing tests that end up as evidence in trials, and often end up being the basis for lengthy prison sentences. An audit determined that he used improper procedures in his work -- an audit that was called because several of his "convictions" ended up exonerated by other testing.
Ten of the 14 cases criticized in the audit as having "insufficient" data to identify substances could not be retested because law enforcement agencies had discarded the evidence, Logan said.
The audit described Melnikoff's overall drug-analysis work as "sloppy" and "built around speed and shortcuts."
In the previous five years, he'd handled 1,315 drug cases for almost 100 federal, county and municipal law enforcement agencies, according to State Patrol records.
The kicker? The Seattle Post Intelligencer discovered that a year after the audit, state officials had not notified anyone about these flaws. Now, three days after their investigative report, the state is grudgingly releasing some of the information to some of the county prosecutors.
Defense attorneys also weighed in yesterday, saying it wasn't up to crime lab officials to decide whether Melnikoff's alleged mistakes warranted disclosure.
"That's like asking the fox to watch the henhouse," said Roger Hunko, president of the 750-member Washington Association of Criminal Defense Lawyers.
7:46:22 PM | drug policy | Related | permalink |
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Interesting reads...
 TalkLeft has the unbelievable story of Miguel Mendoza Palominos, a poor Mexican who just received 10 years in federal prison for the crime of being duped into being a patsy for a marijuana grow operation. So now we'll spend about $25,000 a year to house him in prison and then we'll send him back to Mexico. Dumb.
Also from TalkLeft comes this article by Paul Armentano of the NORML Foundation:
Suspicionless student drug testing is a humiliating, invasive practice that runs contrary the principles of due process. It compels teens to submit evidence against themselves and to forfeit their privacy rights as a necessary requirement for attending school. Rather than presuming our school children innocent of illicit activity -- as statistically, the overwhelming majority of them are -- until proven guilty, this policy presumes them guilty until they prove themselves innocent. Is this truly the message the Bush administration wishes to send to America's young people?
You can make your voice heard here.
LastOneSpeaks is on top of the continuing problem of spraying in Columbia and points out the new online version of the Columbia Week newsletter.
State Department figures from 2002 found a resulting 15 percent decline in Colombian coca cultivation, but also showed a 23 percent jump in Bolivian cultivation and an 8 percent jump in cultivation in Peru. Even within Colombia, spraying has spurred a balloon effect, spreading cultivation to provinces and regions previously free of coca, including Colombia's highly biodiverse national parks.
Just is case you want to know what our foreign policy in Latin America looks like, check this out.
7:28:52 PM | drug policy | Related | permalink |
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Canadian Senator takes on US and UN drug policies
From the Senlis Council release on the 17th:
Canadian Senator, Pierre Claude Nolin, strongly criticised the US led drug war at a press conference in Vienna today, following an International Symposium on Global Drug Policy organised by The Senlis Council in parallel to the 47th Session of the Commission on Narcotic drugs (CND). Senator Nolin served as the Chair of the Canadian Special Committee of the Senate on Illicit Drugs.
“Drug war policies threaten the basis of democracy, economy and the rule of law in many countries or regions of the world,” Senator Nolin stated. “The world deserves drug policies that are global, effective and respectful of human rights,” he continued.
“Sooner of later, governments of the world will have to, in the names of transparency and honesty, acknowledge that the drug war is a massive failure,” declared the Senator. “The war on drug discourse is outdated and disrespectful. It is time to make world leaders accountable.”
The Senator underlined the importance of society’s involvement in the creation of drug policies. “In a free and democratic society, the population should be part of the debate. Citizen involvement in the discussions about the future of drug policy is the magic ingredient.”
This Canadian senator is one to watch. I like him.
The Senlis Council, an international drug policy think tank has taken a strong position opposing UN drug policies and US influences in those policies in particular.
“The dominant role played by the United States in determining UNODC policies should be scrutinised,” said Emmanuel Reinert, Executive Director of The Senlis Council. “It is unacceptable that a UN agency should find itself hostage to the political agenda of one country”, he continued....
“The present UNODC global drug policy has become another failed US war, but this time under a UN flag”, Mr. Reinert continued, “For the US to denounce harm reduction policies is deeply irresponsible. It is urgent for these programmes to be fully recognised by the UN drug control bodies to prevent a world health disaster.”...
“We cannot simply sit back and let this situation continue. Current drug policy is failing dramatically,” he concluded, “It is time to face facts. This is a war without end. The US domination of the global drug policy is a dead end.”
12:46:57 AM | drug policy | Related | permalink |
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Congress is driving me crazy.
LastOneSpeaks and TalkLeft have been covering the stupid new bills being proposed for drugged driving testing.
From NORML:
Please Tell Congress To Identify Impaired Drivers, Not Marijuana Smokers. Urge Your Congressman To Reject H.R. 3907 And H.R. 3922
NORML needs your help convincing Congress to reject a pair of bills that would criminally punish marijuana smokers for "drugged driving" simply if inactive marijuana metabolites are detected in their bodily fluids - even if the individual is neither under the influence nor impaired to drive.
H.R. 3907, sponsored by Rep. Jon Porter (R-NV), demands that state legislatures amend their DUID (driving under the influence of drugs) to enact mandatory minimum penalties for anyone convicted of driving under the influence of illegal drugs. Under the proposal, states have until 2006 to pass and enforce DUID laws "approved by the Administrator of the National Highway Traffic Safety Administration," or lose portions of their federal highway funding.
H.R. 3922, sponsored by a bipartisan coalition of legislators including Reps. Robert Portman (R-OH), Sander Levin (D-MI), Steven LaTourette (R-OH), Mark Souder (R-IN) and Jim Ramstad (R-MN), seeks to impose so-called "model" DUID legislation upon all 50 states - demanding they enact statutes sanctioning anyone who operates a motor vehicle "while any detectable amount of a controlled substance is present in the person's body, as measured in the person's blood, urine, saliva, or other bodily substance."
These bills represent an all out federal assault on the marijuana smoking community. Because inactive marijuana metabolites (inert compounds indicative of past drug use) remain detectable in the blood, and particularly urine, for days and sometimes weeks after past use, this legislation seeks to define sober drivers as if they were intoxicated. Someone who smokes marijuana is impaired as a driver at most for a few hours; certainly not for days or weeks. To treat all marijuana smokers as if they are impaired, even when the drug's effects have long worn off, is illogical and unfair.
Fortunately not everybody is supporting this legislation. From the Las Vegas Review-Journal (Porter's home paper) comes this scathing criticism:
But there has not been even the slightest effort by supporters of this law to present any scientific nexus between the zero-tolerance standard Rep. Porter imposed in Nevada and the average driver's ability to safely operate a motor vehicle.
Even putting aside such rational objections, by getting Washington involved in another effort to blackmail the states, Rep. Porter betrays the very principles for which he and his party supposedly stand....
Every state punishes motorists who drive while demonstrating actual signs of impairment. That is a righteous cause. But mandating that the states adopt standards -- potentially with no identifiable relationship to actual impairment, at that -- is not the role of Washington politicians or bureaucrats ... and Mr. Porter's constituents should let him know that.
Other important figures have also shown reluctance:
"We believe that as a basic principle states need to enact laws that meet their own needs," said Cheye Calvo, a transportation policy specialist for the National Conference of State Legislatures.
The Governors Highway Safety Association, which represents state highway safety agencies, goes further, advising its members not to adopt drug-impaired driving laws at all for the time being.
Wendy Hamilton, president of Mothers Against Drunk Driving, said her group supports efforts to curb drug-impaired driving. But she cautioned it is difficult to set an across-the-board standard for all illegal drugs when they may affect driving differently - or not at all.
"There needs to be more research," Hamilton said.
I've already given a fair amount of detail on marijuana and driving on this blog.
Intelligent criticism, however, is unlikely to deter our House of Representatives, which could very likely pass these bills, unless everybody gets active to stop them. Take a moment now.
12:18:22 AM | drug policy | Related | permalink |
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Tuesday, March 16, 2004 |
And the stupid town award goes to....
...Seabrook, New Hampshire, which voted 1,521 to 464 for a new town ordinance requiring regular mandatory drug and alcohol testing of all town employees to be done at the local hospital.
Now they're having to face the consequences of their action, which include:
- All volunteers are considered employees, so included in the drug and alcohol testing will be volunteer members of the Planning Board and the Budget Committee, and those who volunteer to coach teams or teach in the Seabrook Recreation Department.
- All union contracts in the town will have to be renegotiated to include testing or the contracts will not be legal.
- The Selectmen position is officially considered a 24-hour a day job. This may mean that they are never allowed to drink.
- Each test costs $40-$50, but no budget provision was made for the testing expense,
- The hospital plans on conducting the tests and charging for them, but not releasing the results of the tests to the town, since that would violate doctor-patient confidentiality laws. Apparently the new town ordinance only called for testing and didn't cover what was to be done with the tests.
Consider Seabrook, New Hampshire for your next vacation. Enjoy the sea, and the brooks, and be entertained by all the resident idiots. Just think of them as part of a carnival sideshow. Besides, they need your tourism dollars to pay for their drug and alcohol tests.
11:42:48 PM | drug policy | Related | permalink |
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Get your Drug War Facts
Hot off the electronic presses! The 2004 edition of Drug War Facts (pdf) is now available.
Full of tons of useful material (you can also view individual portions at the web site).
10:05:11 PM | drug policy | Related | permalink |
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Monday, March 15, 2004 |
Fun with Letters
After the incredibly blatant statement by the General Accounting Office that the Drug Czar's Office was allowed, nay encouraged, to lie (not that we were surprised by the lying part, just the willingness of the GAO to shrug their shoulders over it), I decided that maybe we could use this to our advantage.
So I started with the Associated Press:
Dear Editor:
I wanted to alert you to the recent United States General Accounting Office response to a complaint about the White House Office of National Drug Control Policy (ONDCP) and their use of false and misleading information.
The complaint from U.S. Representative Ron Paul:
http://www.mpp.org/WarOnDrugCzar/complaints/gao_complaint.html
And the GAO response:
http://www.mpp.org/pdf/GAO_response_0304.pdf
That response included in part:
"Even though the statements may have been controversial, they were made within the context of ONDCP's statutory responsibilities, which include taking such actions as necessary to oppose efforts to legalize certain controlled substances such as marijuana...
"The Deputy Director's statements about marijuana are thus within the statutory role assigned to ONDCP. Given this role, we do not see a need to examine the accuracy of the Deputy Director's individual statements in detail."
The GAO has specifically noted that the ONDCP is not only allowed to provide misleading or false information but is in fact practically required to do so in order to achieve its mandate.
This philosophy is contrary to the AP Code of Ethics, which includes, in part:
"The good newspaper is fair, accurate, honest, responsible, independent and decent. Truth is its guiding principle.
"It avoids practices that would conflict with the ability to report and present news in a fair, accurate and unbiased manner...
"The newspaper should guard against inaccuracies, carelessness, bias or distortion through emphasis, omission or technological manipulation."
Given this conflict between the ONDCP mandate and the AP Code of Ethics, It would seem prudent that the AP pursue a policy of automatically requiring independent verification of any releases coming from the ONDCP, including statements by Director John Walters, and Deputy Directors Andrea Barthwell, Scott Burns, Barry D. Crane, and Mary Ann Solberg.
It is unfortunate that we have a government agency that apparently must provide false information in order to do its job. Fortunately, the AP is not required to disseminate it.
Sincerely,
Pete Guither
Feel free to copy the letter and send it to the media of your choice. Then, while you're at it, go for the politicians:
Dear Senator ........ ............,
I want to alert you to the recent United States General Accounting Office
response to a complaint about the White House Office of National Drug
Control Policy (ONDCP) and their use of false and misleading information.
The complaint from U.S. Representative Ron Paul:
http://www.mpp.org/WarOnDrugCzar/complaints/gao_complaint.html
And the GAO response:
http://www.mpp.org/pdf/GAO_response_0304.pdf
That response included in part:
"Even though the statements may have been controversial, they were made
within the context of ONDCP's statutory responsibilities, which include
taking such actions as necessary to oppose efforts to legalize certain
controlled substances such as marijuana...
"The Deputy Director's statements about marijuana are thus within the
statutory role assigned to ONDCP. Given this role, we do not see a need to
examine the accuracy of the Deputy Director's individual statements in
detail."
The GAO has specifically noted that the ONDCP is not only allowed to
provide misleading or false information but is in fact practically
required to do so in order to achieve its mandate.
It is extremely improper for tax money to be used to support an agency
whose purpose appears to be to give false information to the taxpayers.
Congress must step up and change this, either by eliminating the ONDCP, or
by changing the wording of its mandate to require that it provide accurate
information without an overriding agenda.
Sincerely,
Pete Guither
It's easy and fun! Copy this letter and then put your zip code in the "Write to Congress" box on the left. Two minutes and you're done.
If you enjoyed doing that, go to MAP and see what other letters you can write.
8:28:36 PM | drug policy | Related | permalink |
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Sunday, March 14, 2004 |
Drug WarRant Endorsements for the Illinois Republican and Democrat primaries
I've promised this for some time, and I'm finally coming through with my endorsements for the primary, including President (ymy views there have been clear for a while), Senate, and a couple of smaller local races. So here goes.
President
Democrats:
 Dennis Kucinich. Sure, John Kerry's got the nomination. He even has all the delegates he needs right now, so a vote for Kerry in the primary is wasted. Every vote for Kucinich increases his voice for reform at the convention. Here's my endorsement page.
I met Dennis tonight at Illinois State University (picture). Wonderful job. Vote for him.
Republicans:
Blake Ashby (write-in). Again, Bush has it wrapped up obviously, so send a message. Write in Blake's name and shake things up a little.
U.S. Senate, Illinois
This has been an extremely disappointing nomination race to me. None of the candidates have excited me, and as far as I could see, their issue statements have been shallow and mostly scratching the surface. Nobody is addressing the drug war in any serious way. I've gathered some information over time on my Illinois Senate Candidates page.
I have not been able to identify any serious drug policy reform candidates in the bunch, so I'm afraid my meager and incomplete analysis is also based on surface. Eliminating ones like Ryan who have allied themselves with evil (William Bennett), and instead opting for candidates who have shown a prediliction for some kind of individual freedom (thereby making them, if not leaders, also not obstacles to drug policy reform).
Democrats:
Barack Obama. This is a tough one. He's got some strikes against him, but also some positives.
Pros: He promotes biodiesel fuels and the use of renewable energy sources like biomass (while not specifically mentioning hemp, there's a logical connection). He promises to "work to repeal provisions of the Patriot Act that strip us of our privacy and freedom without improving our security" and "oppose draconian extensions in the Patriot Act being considered by the Ashcroft Justice Department." He promises to end racial profiling. As a young man, he used pot and cocaine, so he can relate to young people experimenting.
Cons: He was a chief sponsor of legislation banning ephedra. He doesn't seem to have a clue about the problems in Columbia or the rest of Latin America (in his foreign policy section he lumped Latin America in with Asia and Africa!). Finally, I fear that instead of his youthful experimenting with drugs helping him, that he may lean over backward (like Clinton) to be "tough."
What can I say? I'm not thrilled, but Obama is my choice.
Republicans:
John Borling. This is a real stretch for an endorsement, but on the front page of his website is:
John is a fiscal conservative and a social moderate. He believes: "We should be free to enjoy our freedoms as long as we don't infringe on the like freedoms of others or endanger the public safety." That maxim and the preamble to the Constitution provide guidance on the role of citizen and the government.
That sounds like a proper guideline for drug policy reform, and so Borling is my choice on the Republican side.
U.S. Congress, Illinois District 15
Democrats:
Vote David Gill over Ralph Langenheim Jr. Gill has personally stated to me that he supports medical marijuana and reform of drug laws. He's also a nice guy. Give him your vote.
Republicans:
Tim Johnson is unchallenged and he has also come out in favor of medical marijuana.
McLean County State's Attorney:
Republicans:
Sorry. Can't help you here. Bill Yoder and Teena Griffin are both horrible choices. Each is trying to outdo the other in advertisements regarding their toughness on prosecuting drug crimes. I refuse to endorse either, and unfortunately the winner is likely to be running unopposed in the general election.
11:16:02 PM | drug policy | Related | permalink |
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Here's your chance to meet the Minister of Disinformation
This, from the Drug Policy Alliance, has been posted elsewhere, but I felt it's important enough to present it in full here as well.
Drug Czar John Walters is at it again - traveling around the country on a taxpayer-funded drug war myths tour - but this time we have his schedule!!
Walters and the White House usually keep his schedule a secret until the last minute because they fear that drug policy reformers like you will challenge his drug war lies. This time around we can plan ahead and pressure him to answer the real questions! We know exactly where he will talk and what topic he will address - the Bush administration's plans to take away parents' rights to decide how best to keep their kids safe. Let's say no to student drug testing!!!
Chicago, IL, March 16, 2004. 9am-5pm
(Radisson Hotel Schaumburg, 1725 Algonquin Road)
Fresno, CA, March 18, 2004. 9am-5pm
(Fresno Convention Center, 848 M Street)
Atlanta, GA, March 25, 2004. 9am-5pm
(Holiday Inn, 450 Capitol Avenue)
Denver, CO, April 8, 2004. 9am-5pm
(Executive Tower Hotel, 1405 Curtis Street)
You can RSVP for the summits here. You can also check their online tool kit for ways to help end student drug testing.
This is a great opportunity to confront the Drug Czar's lies and propaganda, or just to let the press and others attending know that there's another side to this story.
1:29:55 PM | drug policy | Related | permalink |
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By Government Decree: The Drug Czar IS the Minister of Disinformation
Via Cannabis News we learn that the General Accounting Office has given federal approval to the Drug Czar to lie to us (not that he needed it before).
U.S. Rep. Ron Paul (R-TX) complained to the United States General Accounting Office (GAO) back in April of last year about misleading statements used by the Drug Czar's office (specifically this Scott Burns material) in order to lobby against drug reform efforts.
This week, the GAO responded (pdf). Their response includes the following:
Even though the statements may have been controversial, they were made within the context of ONDCP’s statutory responsibilities, which include taking such actions as necessary to oppose efforts to legalize certain controlled substances such as marijuana...
The Deputy Director’s statements about marijuana are thus within the statutory role assigned to ONDCP. Given this role, we do not see a need to examine the accuracy of the Deputy Director’s individual statements in detail.
So, in other words, since the mandate of the ONDCP includes doing whatever is necessary to oppose legalization, that automatically includes lying.
This makes it clear that the ONDCP must be completely abolished, or at minimum, have a congressionally mandated change in its mission.
Somewhat ironic that on the top of the GAO letterhead containing this statement are the words: "Accountability * Integrity * Reliability"
Right.
1:28:24 PM | drug policy | Related | permalink |
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John Kerry Internet Town Meeting
Loyal reader Scott has been keeping me informed about the activity at the John Kerry forum. Although registered, I haven't had time to visit there much recently.
However, there is a strong and active drug policy debate going on there that has expanded into five topics already. Go over, check them out and participate!
1:24:35 PM | drug policy | Related | permalink |
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Catching up...
While I was gone, LastOneSpeaks had outstanding coverage of the major drug war reform news, including the following highlights:
Students Speak, DEA Sneaks Away, showing once again that drug warriors are terrified to debate honestly, because their "facts" just... aren't.
Deep in the Heart of Texas. I've talked a bit about the tragedy in Tulia that ended up with the pardons of 35 people who had been railroaded in a gross miscarriage of justice. A $5 million settlement and the dismantling of the drug task force is a step in the right direction.
My favorite quote on this is from Vanita Gupta, an attorney with the NAACP Legal Defense and Educational Fund:
"It's not simply that Tom Coleman was a rogue officer," she said. "The city
of Amarillo has recognized that federally funded task forces are
ineffective tools of law enforcement and they operate as rogue task forces
because they are unaccountable to any oversight mechanism."
That's one to remember.
Have Drug Czar - Will Travel for Prohibition. LastOneSpeaks notes that the Drug Czar is continuing to tell his lies in Nevada in an attempt to influence the election process there.
Double Jeopardy. Saturday's New York Times article A Student Aid Ban for Past Drug Use Is Creating a Furor by Greg Winter is an excellent article about the horrible HEA provision that denies education to students who aren't rich and have been caught with marijuana (while not penalizing rapists or murderers).
Nick Gillespie at Hit and Run has the best take on it:
"It is absurd on the face of it," says Rep. Mark Souder (R-Ind.). He knows what he's talking about: He wrote the goddamned law, which was passed in 1998. "I am an evangelic Christian who believes in repentace," he says, "so why would I have supported that?...Why would any of us in Congress?"
Souder's subsequent Damscus Road experience aside, the short answer to his question is: Because Congress is filled with jackasses.
We need to push for complete repeal of the provision, not just a modification.
12:35:45 AM | drug policy | Related | permalink |
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Back from New York
New York was a blast, and there was no time for posting to the blog this past week. We played four-square on the Brooklyn Bridge at 3 in the morning, had incredible bagels at Bagels on the Square, sushi at Japonica, egg drop and wonton soup at Wo Hop, dogs at Gray's Papaya, tiramisu with espresso and sambuca at Ferrara's and a whole lot more. We saw amazing shows: Wicked, Aunt Dan and Lemon, BodyVox, I Am My Own Wife, and Avenue Q. And, of course, we walked all over the city. Some random pictures of our experiences are here.
I would have liked to check out The Marijuana-Logues. Unfortunately previews start at the end of this week and it opens end of March, so I didn't get to see it -- perhaps it will still be open in June when I return.
I'd like to say Hello to Will and his friends -- one moment during the week when I got to have some stimulating discussions about the drug war. Amazing who you can meet in the subway. Also Hello to Deidre. Thanks for the note. I would love to catch up with you sometime, but it appeared this week was not the time.
12:33:46 AM | drug policy | Related | permalink |
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