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Drug WarRant
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Saturday, September 24, 2005 |
Reader's Digest takes on mandatory minimums
The historically conservative Reader's Digest comes through with Petty Crime, Outrageous Punishment by Carl M. Cannon.
The article goes after the three-strikes law, but includes a lot more mandatory minimum madness, including this amazing story:
A Florida welfare mom, Clyburn accompanied her boyfriend to a pawnshop to sell his .22-caliber pistol. She provided her ID because her boyfriend didn't bring his own, and the couple got $30 for the gun. But Clyburn had a previous criminal record for minor drug charges, and when federal authorities ran a routine check of the pawnshop's records, they produced a "hit" -- a felon in possession of a firearm. That's automatically 15 years in federal prison, which is exactly what Clyburn got. "I never even held the gun," she noted in an interview from prison.
No one is more appalled than H. Jay Stevens, the former federal public defender from the middle district of Florida. "Everybody I've described this case to says, "This can't have happened." [But] it's happening five days a week all over this country."
This one made me smile a little:
Several years ago, a prominent Congressman, Rep. Dan Rostenkowski of Illinois, was sent to prison on mail-fraud charges. It was only then that he learned what he'd been voting for all those years when anticrime legislation came up and he cast the safe "aye" vote. Rostenkowski told of being stunned at how many young, low-level drug offenders were doing 15- and 20- year stretches in federal prison.
"The waste of these lives is a loss to the entire community," Rostenkowski said. "I was swept along by the rhetoric about getting tough on crime. Frankly, I lacked both expertise and perspective on these issues."
So true. All our elected leaders lack the expertise and perspective... Perhaps we could help them out by giving them all some jail time.
8:54:10 PM | drug policy | Related | permalink |
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Seize This!
You may recall that Boulder City Attorney Dave Olsen wants to seize the home of 56-year-old Cynthia Warren for her misdemeanor charge of growing 6 marijuana plants (see here and here). The editorials in the papers have been slamming Olsen.
At the time, several commenters here noted that Dave Olsen pled no contest to a misdemeanor drunk driving charge in 2004. Well that also didn't escape the notice of Steve Sebelius in this scathing article in the Las Vegas City Life.
[...]And you know what? I agree with [Olsen], wholeheartedly. We must seize the property of those who put children in danger, and we must do it now.
So that's why we've got to immediately seize Dave Olsen's motorcycle.
You see, in 2004, Olsen pled no contest to drunken driving, a crime that surely has taken more lives than marijuana ever will. Anti-DUI advocates are fond of saying that, with a drunken driver at the controls, a vehicle is a weapon, surely one more dangerous than Cynthia Warren's house.
Call the Boulder City police, and get the Henderson SWAT team for backup. There could be a standoff.
The problem with Olsen is not just that he's a hypocrite -- although he surely is -- it's that he's also not telling the truth. [...]
It's great to see this strong a response in the media.
Outrage barely covers it: Regardless of what the law says, Olsen is engaging in an act of theft. Warren committed a crime, and was punished for committing a crime. Olsen's exacting a punishment for something Warren never did in the eyes of the law, making wild and untrue claims in the process. He should drop this case immediately, and if he doesn't, Boulder City fathers should find the courage to order him to stop.
In the meantime, will somebody look at seizing that motorcycle? I think we'd all feel safer if they did.
8:38:11 PM | drug policy | Related | permalink |
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Friday, September 23, 2005 |
We spent HOW much?
After five years of unprecedented runaway spending (that has almost made LBJ look fiscally conservative), a group of Republican House members apparently finally looked at our credit card statements.
It all came to a boil when they were trying to decide which card still had enough credit limit left to buy the brand new Sim City: New Orleans.
"Hey, who charged this $223 million bridge to nowhere?" asked one of them. "Kiss my ear," replied Don Young (disappointed that nobody actually nibbled his lobes, which are incredibly sensitive).
So they decided to look at how they could cut back on the family expenses (You've all been there before -- no movie rentals this month, eliminate Sally's lunch money and let her trade sexual favors for food, etc.)
So the Republican Study Committee has released a list of cuts (pdf) to help cover the cost. (Of course, these cuts wouldn't actually touch the current credit card balances or anything -- that would require some really tough choices.)
I'm not going to comment on all the cuts they suggested -- most will not survive their own colleagues' self-interest.
But let's check out the drug war entries:
- Level funding for Andean Counter-Drug Initiative
[...] Savings: $125 million over 10 years
- Eliminate State Grants for Safe and Drug-Free Schools
[...] States receive SDFSCA funding on the basis of their school-age population and
number of poor children but statistics suggest programs are ineffective. In addition, studies show that schools are among the safest places in the country and relatively drug free. Savings: $4.8 billion over ten years
- Eliminate the Federal Anti-Drug Advertising
[...] There is no solid evidence that media campaigns are effective in either preventing or reducing the use of illegal drugs. Savings: $1.3 billion over ten years
- Eliminate High Intensity Drug Trafficking Area Program
[...]Because many of its functions are duplicative, the Administration requested
that its functions be transferred to the Department of Justice, and the program terminated. Savings: $3.2 billion over ten years
OK, there are a couple of good cuts there, but that's just scratching the surface. Only level the funding for Andean Counter-Drug Initiative? Scrap it. And where's the cuts to the DEA's budget? Come on, guys -- you can't tell me that you're going to eliminate the Moon/Mars mission and Sesame Street, but keep arresting grandma for using marijuana to help deal with her chemo treatments in California? Does that make any sense at all?
On the plus side, it's nice to see members of Congress in print point out that some of these programs that they suggested for the chopping block are "ineffective."
We may want to remind them of that fact on occassion.
9:32:13 AM | drug policy | Related | permalink |
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Fact-checking the media
Via News of the Weed:
The Times Online (UK) published a reefer-madness article by Will Iredale and Holly Watt on Sunday: Mental problems soar among children using cannabis.
The number of children treated for mental disorders caused by smoking cannabis has quadrupled since the government downgraded the legal status of the drug, according to a leading drug charity.
Startling. But clearly nonsense to anyone who follows the facts. Yet at a time when there are prohibitionists in England trying hard to reverse the liberalization trend, such an article will fan flames in a major way.
So what's this leading drug charity where the Times got their info? Addaction.
The very next day, Addaction released this statement
The Sunday Times published a story on September 18th under the heading "Mental Health Problems Soar Among Children Using Cannabis" by Will Iredale and Holly Watt that bore little relation to any information supplied by Addaction, and was, in our view, entirely misleading.
The story has been so structured as to make a case about cannabis-related psychosis based on information the paper claims came from Addaction, but which did not come from the charity.
In 2004-5 Addaction which collects data on numbers of young people seen in its youngaddaction services, saw 1,575 young people who came to Addaction for treatment for drug misuse. Addaction collected data on cannabis use. But Addaction is not a mental health charity and is not qualified to treat psychosis.
Rosie Brocklehurst, Director of Communications at Addaction said: "The subject of cannabis-related psychosis is a very serious subject and the report in the Sunday Times made serious claims, based on no evidence supplied by us. We suspect the story was influenced by the Sunday Times wish to write a piece before the imminent deliberations by the Advisory Council on the Misuse of Drugs. The ACMD will be reviewing the scientific evidence on cannabis use and misuse and will be making recommendations to the Government in the light of those deliberations."
I haven't seen a correction yet at the Times.
12:17:50 AM | drug policy | Related | permalink |
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Thursday, September 22, 2005 |
Around the world
I've just started rehearsals as musical director for Marat/Sade - quite a fascinating challenge, so my posting may occassionally be erratic.
For today, let's take an interesting trip around the world...
 Controversy in Mexico over the decision by the Catholic Church to accept donations from drug traffickers. The Bishop says such money can be "purified" by giving it to the church. Government spokesmen call it money laundering.
Russia is considering mass mandatory drug testing for college students and prospective college students. Students testing positive would be thrown out in 24 hours, and refusal to take a test would be the same as a positive test. [Thanks, Herb]
China is expanding its drug enforcement bureaucracy.
Nigeria has apparently been bamboozled into believing that using the United States Drug Enforcement Agency as a role model is a good thing.
In Great Britain, David Cameron, a Tory and possible future leader of the conservative party calls for the United Nations to legalize drugs and let individual countries try their own approaches.
Iran is concerned about opium and feels that "at least a 10-year period is needed to smash the facilities of drug production in Afghanistan." Dream on.
The Philipines always manages to find bizarre and provocative stories to promote their drug war. This is a prime example: Druggie Rapes Deranged Sister
Australians are slow to learn the lesson: Do not go to Indonesia.
The Colombian army discovered a huge cocaine lab. Yawn. Likely effect on cocaine prices: 0.
In Amsterdam, "a television presenter on a new Dutch talk show plans to take heroin and other illegal drugs on air in a program intended to reach young audiences on topics that touch their lives." It's called the "Shoot Up and Swallow Show." [Thanks, Tim]
"Japan's flea markets have become 'lawless zones,' according to Weekly Playboy (10/4), with perverts, purveyors of putrid porno and pimps of drugs like magic mushrooms running amok."
12:08:29 AM | drug policy | Related | permalink |
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Tuesday, September 20, 2005 |
The drug war doesn't fight crime, it fuels crime.
I always love reading Robert Sharpe. Such clarity in his writing, and he's always able to hit all the important points in a way that is palatable to, and resonates with, those not in the reform community. Check out his OpEd in the Charlotte Observer.
Given that marijuana is arguably safer than legal alcohol -- the plant has never been shown to cause an overdose death -- it makes no sense to waste tax dollars on failed policies that finance organized crime and facilitate hard drug use.
Drug policy reform may send the wrong message to children, but I like to think the children are more important than the message.
8:02:31 AM | drug policy | Related | permalink |
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Monday, September 19, 2005 |
Sentencing the indefensible
A real bad apple:
[Thomas] Pfortmiller, a 14-year police officer before he resigned in May 2004, pleaded no contest on July 15 to 17 counts of perjury, 11 counts of theft of more than $500 but less than $25,000, 11 counts of forgery and 11 counts of official misconduct. Pfortmiller, who originally was charged with 100 felonies and misdemeanors, was convicted of 50 felonies based on his plea.
Pfortmiller took $20,855 in police funds, claiming it was to go to an informant who would buy illegal drugs. The drug buys never took place, Steve Karrer, a Shawnee County assistant district attorney, said during Pfortmiller's plea in July, but reports led to false arrest warrants being issued.
OK, this is some really horrific behavior by a police officer -- particularly when it led to false arrests -- destroying other people's lives.
District Judge Eric Rosen made it clear that this was indefensible in the strongest words:
"Major cases have been dismissed, and most shocking, citizens of our community have been set up, accused and warrants issued for their arrest for crimes they did not commit," said Rosen, comparing it to dictatorships, including the Taliban in Afghanistan.
In writing false affidavits against defendants, "your actions constitute an abuse of power of the highest degree," Rosen said. "When a law enforcer becomes a law breaker, it breeds contempt for the law. It invites everyone to become the law unto themselves. It invites anarchy."
So the judge threw the book at him.
The sentence?
Instead of the usual sentence of probation, the judge sentenced Pfortmiller to 16 months.
What????
What kind of a country is this? Someone can get dozens of years in prison for consentual sales of a relatively harmless drug, but betraying the public trust and framing innocent people as part of 50 felonies gets an officer only a year and a half.
This is outrageous.
Those who are public servants must be held to higher standards. This kind of sentence is an insult to all the good officers out there.
Link
[Thanks to Laura]
10:13:44 PM | drug policy | Related | permalink |
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Ouch.
Letter to the editor in the Globe and Mail by Robert Melamede, associate professor and chair, Biology Department, University of Colorado:
I hope Canadians have the intelligence and courage not to be mindless slaves to the oppressive stupidity of America's drug war. This war has its roots in racism, ignorance and greed. Sadly, the U.S. is run by religious zealots who deny science and are incapable of understanding that marijuana is a miracle medicine for many because it is the only plant that mimics the way our bodies try to maintain balance.
We all produce marijuana-like compounds known as endocannabinoids. And cannabinoids, among their many functions, regulate open-mindedness. I trust the Canadian government and judicial system are not as biologically defective as found in the United States. Protect Marc Emery; he is a Canadian asset.
9:05:18 AM | drug policy | Related | permalink |
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Sunday, September 18, 2005 |
Downing Street's Secret Drugs Report
Go see Daksya's new blog, Psychotonic.
He's done a great job of laying out the Downing Street Report (something he had sent to me, but I had not gotten around to posting).
Here it is in four installments:
10:58:26 PM | drug policy | Related | permalink |
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The Return of Reefer Madness
At Salon, Maia Szalavitz takes on the ONDCP's advertising campaigns, including some of the borderline and outright lies about mental illness, depression, and cancer. Nothing new to those of us who follow this regularly, and it's not particularly compelling reading, but still nice to see it as the lead article on Salon.com.
Salon once was a real leader in this area (particularly with the Daniel Forbes investigative reporting and Arianna Huffington's opinion pieces back in 2000), but needs to get more regularly involved in exposing the drug war.
10:41:47 PM | drug policy | Related | permalink |
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Just a simple case of mistaken identity?
Via Last One Speaks and US Marijuana Party, comes this gem.
So here's the deal...
- Cops think they see marijuana plants in a back yard.
- They take pictures
- They show the pictures to the district attorney
- The district attorney takes a search warrant application to a judge
- The judge signs it
- Officers search the property
- During the search, "at least 10 officers went through the Smiths' house, checking drawers and closets and videotaping everything"
Now, in a free society, if we weren't already used to the complete surrender of rights to this obsession over a plant, this would already seem to be a bizarre story.
But wait! There's more...
- It was the former mayor's house, and the back yard is where the former mayor's wife entertained local senior citizen groups
- The plants were actually sunflowers, not marijuana
- The search took place in Bel Aire, Kansas
- Kansas is the Sunflower State
Even if none of the plants were blooming, sunflower leaves aren't in the least bit similar to marijuana leaves.
Now this is a silly story -- a funny story. But it shouldn't be.
It should be a really f*cking scary story. The fact is that we've reached a point in the drug war where searching a home is considered a routine function, not demanding diligence or competence. A decision to send 10 men through your house videotaping your closets and drawers is not one to be taken lightly.
 Update: Here's another article, including actual picture of the plants (picture at right is from that photo by Les Anderson of the Ark Valley News).
One of the things we learn is that the officers actually still thought it was marijuana after searching the place and took some with them!
The whole article is incredible. Read it all. The more details you read, the more pissed off you'll get.
Here's a sample:
When the officers were in their home, she kept trying to find out why the officers were searching it.
"I asked the police chief (Chris Ludiker), 'Why would you think this?'" she said. "You know us," she told him. "My husband hired you when he was mayor. We've lived here 40 years in the same house. Why would you think this? We're senior citizens."
Smith, a marriage and family counselor in Wichita, said the officers questioned her and her husband about why they had more than two vehicles. She said he told her that two people didn't need more than two vehicles.
"One of them is my Jeep," she said. "I drive my Jeep to Utah every year when we go backpacking there. We've gone there with our family for 15 or 16 years. I really enjoy driving my Jeep on trips."
The officers asked them "over and over," Smith said, about whether they had someone living there with them.
"They said younger men had been seen going into our house," she said. "I told them we had two sons, the one in Wilson who gave me the seeds and the other one who is an electrician in El Dorado. One visited us on July Fourth, and one was here overnight over Labor Day weekend. There hasn't been anyone else here."
Smith said Ludiker also referred to the sign on their fence near the gate to the back yard. The sign reads "Guard dog on duty." A separate sign under that sign reads "No trespassing."
"I told him it was a joke--that's why I bought it," she said. "All we have is our little dog. He asked about other dogs. There aren't any."
When their family members initially heard about the drug raid, Smith said they laughed. Then they got mad.
That's right. Get mad!
And here's more info on the sunflower plant.
[Thanks, Tom]
6:30:30 PM | drug policy | Related | permalink |
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Asset Forfeiture Abuse
The Las Vegas Review Journal nails Boulder City Attorney David Olsen in this scathing editorial
Southern Nevada has a new general in the drug war: Boulder City Attorney David Olsen. And Mr. Olsen isn't concerned about sacrificing freedom to wage his campaign.
Mr. Olsen is attempting to use the state's civil forfeiture laws to seize the home of Cynthia Warren, a Boulder City resident who pleaded no contest to a misdemeanor drug charge for possessing six marijuana plants. Although Ms. Warren has not been convicted of selling illegal drugs, Mr. Olsen is convinced she's a six-figure drug dealer with a home-based operation that threatens his community.
So why isn't Mr. Olsen making sure this 55-year-old woman is locked up with pushers from the Rollin' 60s and the Kingsmen? Why didn't the city orchestrate a sting to ensnare this dealer during a big sale? Because the evidence wasn't there.[...]
No matter. Mr. Olsen wants her house. "I'm not concerned about the criminal charges against her," he said. "This doesn't have anything to do with her criminal case."[...]
Mr. Olsen should drop the civil case. If he won't, District Judge Michael Cherry should shred it for him. Then lawmakers should reform state forfeiture laws to prevent such blatant abuses in the future.
A good start. David Olsen may just end up being such an idiot that he'll help the cause of asset forfeiture reform.
12:22:40 PM | drug policy | Related | permalink |
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Drug War and Class War
In today's Providence Journal, a good read by Froma Harrop
[...]Possession of cocaine, a felony, did not interfere with [George W. Bush or Lincoln Chaffee's] Ivy League education. Nor did it stop them from seeking and attaining high public office. Today, taxpayers cover both men's salaries and health-care costs, and will eventually provide their government pensions. All, apparently, is forgiven.
But when some low-income kid gets convicted of smoking a joint (a misdemeanor), America gathers up its moral indignation and strips him of his federal student loan. This is a sick double standard, and it will continue unless changes are made in the Higher Education Act.
The article really nails the problems with the Higher Education Act financial aid provision.
As things now stand, police swoop down on some college party and drag off the pot-smoking kids. Come the next semester, rich daddies write the usual checks, and the children of doctors, lawyers and U.S. presidents are back in class. Poor and working-class students go home. So far, 175,000 young people have lost federal student aid because of the Drug Provision.
The whole War on Drugs is a lesson in class discrimination. "A ton of drugs are taken by middle-class kids," says Tom Angell, a director of Students for Sensible Drug Policy. "Middle- and upper-class people often don't get caught. And they can afford good lawyers to avoid a conviction in the first place."
Way to go, Tom.
11:47:39 AM | drug policy | Related | permalink |
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