Drug WarRant

Ilya Somin, at Volokh Conspiracy, nicely expands on Dan Kahan’s notion that gun violence could be reduced by legalizing drugs.

As an extra bonus, this approach to reducing gun violence doesn’t threaten anyone’s civil liberties or Second Amendment rights. It would actually increase protection for civil liberties by cutting back on the many abuses associated with the War on Drugs, such as bogus asset forfeitures and paramilitary police raids that often kill or injure innocent people, and the erosion of the Fourth Amendment. And, unlike stepped-up gun control or “zero tolerance” policies of the sort we got after Columbine, it would actually save the government a great deal of money by reducing expenditures on enforcement efforts and prisons. Drug legalization would also help promote family values in poor communities, which is both good in itself and might help reduce violence still further.

As a bonus at the link above, Ilya rebuts Mark Kleiman’s response.

It’s important to remind people that this doesn’t mean reducing gun violence is the reason to legalize — it is merely a potentially favorable side-effect of legalization.

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Also in guns and drugs…

Mexican observers have wondered where all the desire for gun regulation was when Mexicans were dying.

Link

A Dec. 17 editorial in the left-leaning daily La Jornada called proposals for tightening US gun regulations “hopeful,” but said it was “illuminating that the society of the neighboring country, shocked by the nearly 30 murders carried out [in Newtown], isn’t able to react, on the other hand, to the tens of thousands of homicides committed in Mexico in the past six years with arms sold in the US. Washington demands that Mexican authorities monitor and block the passage of illegal drugs to the north of the common border, but until now hasn’t shown the political will to proceed in the same way with the firearms, including high-caliber weapons, that proliferate in the Mexican market.” (LJ, Dec. 17)

“It is shocking how the debate over gun control in the wake of the Newtown massacre has avoided mentioning gun violence south of the border,” National Autonomous University of Mexico (UNAM) professor John M. Ackerman wrote in the Huffington Post on Dec. 19. “The 20 children gunned down at [Newtown’s] Sandy Hook Elementary School can now be added to the excruciating list of at least 1,200 North American children who have been violently killed since the beginning of the US-backed militarized ‘drug war’ in 2006.” Ackerman also criticized the US government’s failure to prosecute the British bank HSBC for allowing money laundering through its Mexican branch. “The body count will inevitably rise as banks will be able to continue to help drug cartels transfer money freely to purchase assault weapons in the United States without risk of criminal prosecution,” he wrote. (Huffington Post, Dec. 19)

On the road again… Off to visit my folks in Quincy, Illinois and Indianola, Iowa. I’ll stop in when I can.

Everybody have a wonderful holiday season, and if you’re traveling, be safe (be safe regardless).

There’s eggnog in the refrigerator and fruitcake in the pantry. (Not sure how long the fruitcake’s been there — I think I bought it from a Kiwanis member a few years ago.) And the gingerbread characters hanging on the tree are edible.

… but alcohol does.

Today in Medical Daily

Perhaps in response to the legalization of marijuana in Colorado and Washington last month, more teens are lighting up than ever before. However, one study suggests that parents have less to fear from marijuana than from alcohol. The study found that while marijuana had no effect on the health of teenagers’ brain tissue, alcohol did. […]

In addition to the brain scans, the study also required a detailed toxicology report and substance use assessment. The teens also were interviewed every six months. Researchers did not check the teens’ cognitive ability, but simply took brain scans.

The researchers found that, after the year and a half was over, kids who had drank five or more alcoholic beverages twice a week had lost white brain matter. That means that they could have impaired memory, attention, and decision-making into adulthood. The teens that smoked marijuana on a regular basis had no such reduction.

What this study tells us: That we may want to be more concerned about teen use of alcohol than teen use of marijuana.

What this study does not tell us: A damned thing regarding whether either alcohol or marijuana should be legalized or criminalized for adults.

Linn claimed that he had consumed 45 beers in the 6 hours before leaving his Indiana home to set fire to the mosque, which he had discovered while working as a truck driver.

Clearly we have to make beer illegal.

Mosque arsonist tells court: ‘I only know what I hear on Fox News’

… or Fox

Delightful.

AP: Teens’ views on dangers of pot fall to 20-year-low

Teenagers’ perception of the dangers of marijuana has fallen to the lowest level in more than 20 years, a new study says, prompting federal researchers to warn that already high use of the drug could increase as more states move to legalize it.

Of course, the important question they neglected to address was whether teens perceptions of dangers were higher or lower than actual dangers. It may be that they’re just coming to a closer connection to reality as they reject the blatant propaganda that’s been shoveled at them for years.

And naturally, the administration is going to take this opportunity to make completely unfounded and irrelevant attacks against reform.

But then again, this is always a great day for the ONDCP and NIDA! As I tweeted earlier:

.@ONDCP loves drug data days. If # is down, proof drug war is working; if # is up, proof we need more drug war. Can’t lose.

Note: This post is about the dirty underbelly of political maneuvering regarding federal cannabis politics. If you want to believe that people don’t make statements for political purposes, skip this post.

As everyone knows, President Obama made a statement of factual emptiness to Barbara Walters. In it, he completely failed to address the critical thing about the Washington/Colorado votes (distribution) and focused on the portion that the federal government could never actually do (arrest users).

You can bet that every part of what he said was analyzed in advance — not to clarify policy, but rather to provide maximum political benefit (least amount of pissing off of contributors and voters with differing agendas). So he said nothing in a way that sounded vaguely pleasing.

This was an attempt by the President to eat his cake and have it too. Act Presidential without acting.

So what should reformers do? Let him get away with it? Of course not. If he’s going to be vague and not define the status, then reformers should define it for him. This keeps him from getting away with avoiding political damage while leaving policy in unacceptable limbo.

So if he won’t define it…

[Brad] Pitt released a joint statement along with fellow The House I Live In executive producers Danny Glover, John Legend and Russell Simmons, stating, “President Obama should be commended for expressing the will of the people in Colorado and Washington. Our jails are overburdened with nonviolent drug users in this country, too often serving harsher sentences than violent criminals. This defies all common and economic sense. The President’s statement reflects a saner and more sensible drug policy, and a step away from the decades long failed war on drugs.”

So, what’s the President supposed to do? Walk back his non-statement? Say “Oh, I really didn’t mean to give the impression that I favored a saner and more sensible drug policy. I really want the same oppression we’ve always had. I was just saying that because they told me we need Colorado for the mid-terms.” The most they can do is have some former “official” get as much opposition press as possible with no confirmation from the White House.

When enough reform organizations and media pick up on this meme, the conventional wisdom in the population will be that President Obama has pledged not to interfere in Colorado and Washington.

Then, when and if the feds come down on Colorado and Washington operations, it will appear as though the President has gone back on his word. That is, quite frankly, the price that the President pays for not being willing to be forthcoming or transparent about policy in the first place.

Clearly I haven’t been doing my part in this maneuver (this post is a prime example of that), but I understand the politics of it.

This is, of course, not the first time this process has occurred. The Holder memo regarding medical marijuana was a prime example.

I always get a kick out of Mark Kleiman’s surprise at the inability of reformers to understand the memo…

When Holder said that, marijuana advocates nationwide, and specifically the marijuana industry in California, gleefully misinterpreted him as having declared open season. They then purported to have terribly hurt feelings when DEA and the U.S. Attorneys did in fact go after large-scale criminal enterprises in the “medical marijuana” business. Prominent pot advocates bitterly critized Obama (but never the much more hawkish Romney) this year’s campaign.

There may be some advocates who actually misinterpreted the memo, but most of them are far smarter than that, and they realized that the void left by the vagueness of the memo was an opportunity. By filling that void with their “interpretation,” they changed the conventional wisdom and actually made Obama look like the bad guy when the DEA charged in as they always do. There were some advocates who took the ultimate risk in this political game and have ended up in prison.

But the result is that public views have changed and the President was damaged politically by it — factors that may have helped usher in this new era of reform.

And of course reformers didn’t bash Romney. He wasn’t President. If he had won, they would have done so immediately. Bashing Romney would be the equivalent of giving Obama a pass for his drug policies. Reformers need to make it clear that there is a cost to trying to have it both ways.

Now when you see a piece praising President Obama for his bold drug policy, you’ll understand what may be behind it.

Andrew Sullivan has a great piece today discussing David Frum’s article/follow-up regarding cannabis legalization. Frum on Pot

Andrew gets to the right stuff very quickly, rightly criticizing the emphasis on nit-picking details, when the big picture is ignored completely.

What interests me is David’s assumption that smoking marijuana is self-evidently bad for people. He cites a study from the National Institute on Drug Abuse. My italics. It has no section for responsible drug use. It does not consider in any way the possible notion that cannabis, like alcohol or coffee, can also be a personal and social good.

Exactly. And all of us need to be reminded of this now and again. Even here, we often get so wrapped up in debunking the latest attack on marijuana or legalization that we forget to remind people (and ourselves) of this very important point:

And what is so dangerous about imagination? What is so fatal about temporarily slowing your mind down and letting it meander creatively in a culture fixated on materialism and anxiety and greed and pride? Are not hyper-competitive, insanely complex modern societies actually begging for some mental relief? And what’s exactly wrong or socially damaging with giggling?

Some of our greatest music was written under the influence: would David stop that? Jazz might not exist without it. All of our recent presidents were stoners at some point – and the current president in his teens was an enthusiast even by Hawaii standards in the 1970s. Does David think that the man who wrote Dreams From My Father suffered from impaired memory? Does he believe that Michael Phelps who smoked pot and became the most decorated Olympian of all time didn’t do one of those two things? Can we not discuss drugs rationally, rather than with this vast super-structure of boomer-era culture-war synapses attached to it?

Very nice job.

Update: In a similar vein, this program airing next Wednesday looks interesting: Thinking Allowed, Intoxication. In a special programme, Laurie Taylor explores the role and meaning of both alcohol and drugs in human life. Why do so many people chose to alter their consciousness with stimulants, whether legal or illicit? Professor James Mills, the author of ‘Cannabis Nation..’ is joined by Dr Fiona Meesham and Professor Chris Hackley.

Our subject for this one: Mandy Saligari: Why Legalisation of Drugs Won’t Work in Huffington Post UK.

According to her bio “Mandy Saligari is the Clinical Director and founder of Charter Day Care, Residential and Counselling treatment facility in Harley Street, London where she also practices as an addiction and relationship therapist.” And that explains a lot.

Now, for a reasoned and polished critique, go down to comments at that article and read the 6 part rebuttal from Transform. They do a very nice job.

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But that allows us to have a little fun. Let’s take a look at one passage from Mandy’s piece:

But to me it doesn’t make sense and I am tempted to invite Nick Clegg to experiment on his own kids first as for me the law has a duty to represent a line in the sand that reflects a moral code. It’s what we in the therapy business call an ethical code, or ‘best practice.’

It’s what people in the legal business call “nonsense.” Every single day in my job I deal with making decisions based on “best practices,” and none of them are criminal laws.

It’s a bizarre notion — the idea that none of us would really know what to do morally or as a way of living our lives without laws telling us. It’s almost like setting up our secular criminal justice system as a kind of quasi-religion that substitutes for such things as intelligence, parenting, education, and community.

As a parent I appreciate the law’s support in indentifying and providing clear boundaries around practices that are unhealthy, damaging or dangerous to my young, whether that’s related to e.g. guns, knives, theft, bullying, drugs, drink driving etc.

Really? That’s what the law does? Hmmm….

Stoves are dangerous to our young. Are they illegal for everyone? No, we actually teach our children that stoves are hot (without threatening them with legal sanctions) and mostly keep them safe until they’re ready to make pancakes with us.

Coffee is unhealthy for young kids. Illegal? No.

Sky diving. Table saws. Cars. Walking outside late at night. Drano. Electrical outlets. Aspirin. All things that are unhealthy, damaging or dangerous to our young. All legal.

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Read the rest of the article (and Transform’s rebuttal) for clear indications that she has no real understanding of the differences between decriminalization and legalization and their relative impacts.

Oakland Insists It Can Defend Medical Pot Club

SAN FRANCISCO (CN) – The city of Oakland renewed demands to stay forfeiture proceedings against a local medical marijuana dispensary whose business it defends as a matter of state’s rights.

Though the U.S. government says that Oakland lacks standing to try to block it from seizing Harborside Health Center, the city argued that it has an interest in protecting its economic and public health interests, and it says a stay would serve the orderly adjudication of justice.

I have no idea whether the city has a chance of winning, but I really admire and applaud the fight.

Read the whole thing – it’s pretty entertaining.