Drug WarRant

Several items of interest (via Radley Balko and others)…

More questionable raids…

A Gibbs Road couple came home from work Thursday to find their home surrounded by Richland County sheriff’s deputies, their front door kicked in and their home ransacked. […]

The informant told investigators the drug buy was made at 402 Gibbs Road. That’s where the sheriff’s drug unit staged its raid, looking into the one drug purchase the informant alleges happened there.

Yep. One drug purchase alleged by an informant. All you need to get your door kicked in and home ransacked.

The sheriff’s office says an apology is just not happening, and they’ll continue investigating this case until they make an arrest.

Wrong address

The next day, the police executed their search at 3815 West Diversey, the building next door to 3811. The officers approached the building through the alley in the rear and broke down the back door with a sledgehammer. Two officers stayed outside to watch the building entrance.

Startled by the noise, Nancy Simental walked upstairs from her basement apartment with her two children. She claimed to find police pointed their guns at her and saying, “Don’t move or I’ll shoot you.” When she asked the police to put their guns away because children were present, a policeman repeated that he would shoot Simental and another pointed a gun at the children.

Officers also walked in on first-floor resident Francisca Nava as she was in the bathroom and told her not to move. The court said officers also pointed guns at Guadalupe Simental and Cesar Leon.

Sometime after the police entered the building, one of the officers stationed outside informed the team leader that the address on the front door did not match the warrant. All the officers then exited the building, leaving furniture overturned and the residents’ belongings strewn across the floor…

Good news from Florida

A federal judge Monday halted Florida’s law mandating drug testing for welfare applicants. District Court Judge Mary Scriven in Orlando granted a temporary injunction barring the state from enforcing the law until the case is resolved.

The new law, which went into effect in July, was challenged as an unconstitutional violation of the Fourth Amendment’s proscription against unwarranted searches and seizures in a lawsuit filed by the ACLU of Florida and the Florida Justice Institute on behalf of a Central Florida man. Luis Lebron, 35, a Navy veteran turned college student was denied state benefits after he refused to submit to a drug test.

In her order granting the temporary injunction, Judge Scriven thoroughly demolished the state’s arguments that drug testing didn’t amount to a search, that welfare applicants were more likely to use drugs than the population as a whole, and that the state had a special interest in drug testing welfare applicants that would override constitutional proscriptions against it. She also found that the ACLU of Florida has a good chance of prevailing in its lawsuit.

We were all pretty sure that this would be the outcome. It’ll be interesting to see if Florida continues to try to pursue this in court.

Seems to me that this was one of those political games where the politicians knew that what they were passing was unconstitutional, yet went ahead anyway because there’s enough idiots out there that can get stirred up with false stories of “those” people using taxpayer money to buy drugs.

Here’s a really fascinating story: Controversy in BAT van investigation

For months, some of the people closest to HPD’s breath testing vans have told you and us that the vans are unreliable — meaning the roadside tests they do on alleged drunk drivers may not be accurate.

Now the controversy has spilled over into a grand jury investigation, and it’s become so heated that a prosecutor working for Harris Co. District Attorney Pat Lykos was thrown out of the grand jury room earlier this week under the threat of arrest.

That’s right, the grand jury wanted to hear the stories directly from the witnesses without interference from the DA.

When Mayr walked in to testify before the grand jury on Tuesday, the foreperson told prosecutors to get out. They wanted to hear from Mayr and Culbertson without a DA in the room.

“They obviously believe that the DA’s Office played a role in this case and that they can’t be independent,” said KTRK Legal Analyst Joel Androphy.

While it is rare — and legal — the DA’s Office threw a fit. Court records show top assistants to the elected DA refused to leave the room until a bailiff threatened to arrest them. The DA tried to force a judge to let them back in, but it was denied. An appeals court said the same thing.

Kudos to that grand jury and its foreman. I think that too often grand have been rubber stamps for the interests of prosecution, and this has been so pervasive that this DA’s office was genuinely startled that their “lackeys” would actually want to do their job.

Juries have great power (or should) to prevent miscarriage of justice, but jurors need to be aware of their authority and exercise it.

Taking a few days off – just finished a major theatre trip to Chicago with a group this weekend.

Facts on medical marijuana are stubborn things, too is an OpEd by Joseph Summeril, who seems to prove his point by eschewing facts entirely.

Colorado to formally ask DEA to designate pot Schedule II controlled substance

Actually, they’re required to, by law.

Anybody reading this who is an Illinois State University student — please check out the Illinois State chapter of Students for Sensible Drug Policy, which meets every Thursday night at 8 pm in Schroeder 242.

That’s the powerful message from former Mexican President Vicente Fox is this very hard-hitting video interview with BBC News.

Red Ribbon Week promotes anti-drug use

I hope they’re promoting responsible anti-drug use.

You wouldn’t want young people abusing anti-drugs.

I also enjoy the fact that “Throughout the week, junior high and high school parents will have a chance to sign a pledge to supervise teen parties and keep them free of alcohol and drugs.”

Makes it sound like a lottery. There’s a limited number of pledges available each day, but a few lucky parents will get to sign one.

Hey, I’m all in favor of fact-based education and encouraging young people to stay away from drugs. But this eager-beaver-fun-filled-abstinence-club approach is transparently fake and ineffective. Sure there are some kids who jump right into the activities, eager to look good to the appropriate adults. And two years from now, they’ll be the ones lying dead in an abandoned apartment with a needles sticking out of their arm because they never learned anything useful.

The only good thing about this is that a few of them will actually find something more than what was intended in the meaning of this year’s theme: “It’s up to me to be drug free.”

From the Hill

The Senate narrowly defeated an amendment on Thursday that would have established a commission to research avenues for reparing the “broken” criminal justice system after Republicans said it would encroach on states’ constitutional rights to conduct their own affairs.

Yep, this is the Webb commission that got defeated.

Texas Sen. Kay Bailey Hutchison (R) echoed Coburn, calling the proposed body a vast violation of states’ rights.

“This is the most massive encroachment on states’ rights I have ever seen in this body,” she said.

Kay Hutchison apparently has never heard of marijuana.

I found this article at The Auto Channel that, at first, would seem to be in support of the ONDCP’s effort to use driving laws as a back door method to criminalizing internal possession of marijuana.

Oct. 13, 2011: The Governors Highway Safety Association (GHSA) announced today that it has strengthened its drugged driving policy during its recent Annual Meeting, held September 25-28 in Cincinnati. The new policy supports elevating drugged driving to a national priority and calls upon states to undertake several strategies to address this emerging highway safety issue.

Yep. Sounds like the Drug Czar has been doing a good job pushing his agenda.

But here’s where it differs. Kerlikowske has been pushing for states to establish per se laws on drugged driving (criminalizing even the slightest amount in the body whether or not impairment was involved).

In fact the priorities are clear at the ONDCP’s site:

• Encouraging states to adopt Per Se drug impairment laws;
• Collecting further data on drugged driving;

Standard ONDCP stuff: pass laws first, then find research to support those laws.

But check out what the GHSA calls for:

Amend statutes to provide separate and distinct sanctions for alcohol and drug-impaired driving;
Develop standard protocols or procedures for drug testing labs to use in identifying drugs that impair driving;…

That doesn’t sound like a throw-them-all-in-jail approach. And then…

In addition, GHSA is calling for much more drugged driving research. Studies are needed to understand the scope of the problem, to improve field testing of drugged drivers and to set impairments standards. According to Harsha, “Any countermeasures for drugged driving must be based on research and data. The highway safety research community should make this a priority.”

Oh no, the Drug Czar isn’t going to like that.

See, I talk about this drugged driving thing a lot, and it’s not that I’m in favor of people driving impaired. I’m not. But I do think it’s critical that any policies that are used are based on actual data, not the irrelevant statistics that the Drug Czar uses as fear tactics.

And I don’t think that reformers should be afraid to challenge the Drug Czar on his fact-free assertions in this area simply because some people lacking the ability of nuance might view this as being pro-impaired-driving.

The fact is that the drugged driving scare has the potential of diverting attention in a way that could make driving more dangerous. And the main purpose of it appears to be part of the multi-pronged attack on marijuana legalization and medical marijuana (don’t let them have guns, cars, jobs, banks, landlords, unemployment insurance, etc.).

An outstanding rant on marijuana legalization and the latest Gallup poll by Lawrence O’Donnell on MSNBC.

You have to sit through a commercial and MSNBC’s slow loading, but I think it’s worth it.

Visit msnbc.com for breaking news, world news, and news about the economy

… but I’ll make an exception in this case.

Remember the licensed medical marijuana user in Denver who ordered pizza and not only did the Papa John’s driver call the police on him, but Papa John’s Pizza supported that action?

Well, here’s a nice twist in the story…

One of its Denver-based rivals, Sexy Pizza, said Thursday that it would give Smith one free pizza monthly until Colorado voters decide a proposed 2012 ballot initiative that would legalize marijuana for recreational use.

Sexy Pizza says it’ll extend the offer for life if voters pass the initiative.

Classy. (and smart)

I checked out the Sexy Pizza website, and it looks pretty good, with a focus on New York Style pizza and calzones (they even have Cannolis for dessert), an impressive selection of toppings for the pizzas and specialty pizzas like Eggplant Parmigiana and Baked Ziti.

Even better, they support the community. Check out these specialty pizzas:

So if you’re in Denver (or plan on being there soon), be sure to get some Sexy Pizza!

Update: Here’s another one — needs some commenting: Don’t legalize marijuana in the name of medicine by John Redman, executive director of Californians for a Drug-Free Youth.

Unfortunately, legalization groups have convinced CMA and other medical societies that the process doesn’t work. They claim that research is stifled because marijuana is illegal. But the evidence says otherwise. As of 2011, 209 active researchers are registered with the Drug Enforcement Administration to perform bona fide research with marijuana, marijuana extracts and THC, the active component in marijuana. There are 288 studies being conducted by the National Institutes of Health to research the constituents in marijuana, or cannabinoids.

A concrete example of this can be found in a product called Sativex, which the FDA and DEA have been involved in (it is in FDA trials). Sativex, a drug approved in Canada, the United Kingdom and other parts of Europe for the treatment of multiple sclerosis spasticity and cancer pain, combines THC and another active ingredient in marijuana, CBD, to eliminate the “high” from THC.

Have fun…

State doctors group’s call for cannabis legalization slammed

But critics, like Paul Chabot, president of the Coalition for a Drug Free California, said the CMA recommendation would harm society.

“Research has shown marijuana use has been linked to testicular cancer, schizophrenia, and depression,” Chabot said. “It’s because of so-called medical marijuana, we now have the highest use-rate for kids in America.”

Chabot, who said his group has more than 1,000 members, called on doctors to tear up their CMA membership cards “in light of leadership’s pro drug legalization stance.”

“What an irresponsible and unethical position the CMA has taken,” Chabot said. “This flies in the face of science, public health and common sense. It now appears drug money has reached some of this organization’s more influential leaders.”

Marijuana Is High on Americans’ Issue List

“A lot of people sign petitions online who just want to smoke,” said J.T. Griffin, senior vice president for public policy at MADD. “There is a bigger policy debate that needs to be addressed before lawmakers can make a good decision.”

For the Drug Free America Foundation, legalization is out of the question.

“It is an impairing drug. People have been harmed by it. To say it is a safe drug is just another one of their big fat lies,” Calvina Fay, the group’s executive director, said of the pro-marijuana lobby.

From a press release from SaveOurSociety.org:

“I am thoroughly appalled by the CMA’s decision to release this policy in an attempt to legalize a drug that we know causes so much harm to individuals and families,” said Eric Voth, M.D., F.A.C.P. and Chair of the Institute on Global Drug Policy. “The CMA has managed to single-handedly make a mockery of modern medicine and the ethical practices of physicians. There is nothing scientific about this White Paper – it is total politics.” […]

“The CMA is dead wrong in asserting that the marijuana legalization movement is driven by the public. Instead it is driven by a group of well-financed legalization advocates. The ballot initiative to legalize pot was defeated in California and no other state has approved such an ill-advised policy, despite millions of dollars poured into this effort by ivory-tower elitists unaffected by the impact of drug use, like the rest of us. Even the issue of marijuana as medicine was rejected by two-thirds of the country,” stated Calvina Fay, Executive Director of Drug Free America Foundation and Save Our Society From Drugs.

Richard Feldman, President, Independent Firearm Owners Association, Inc. writes in the Huffington Post: Gun Rights & Marijuana Reform — Issues Joined!

As President of the Independent Firearm Owners Association (IFOA), I believe the time has come for activists across the political spectrum to join forces with marijuana reform campaigns in order to protect our civil liberties. The actions of the Obama administration require that gun activists protect our own 2nd Amendment liberties by helping others protect their rights to be treated like adults, thereby decreasing violence in the country and lessening calls for gun control.

By ending drug prohibition we have a merging of the right and left down the pro-freedom, independent center of the road. What a powerful alliance these two movements could become. Gun rights activists could negate the emotional rhetoric for gun control while marijuana reformers would find powerful political and grass roots support to end the insanity of marijuana prohibition. Our nation is teetering on the verge of bankruptcy; let’s stop digging our financial grave any deeper, let’s learn from our own history for a change: end marijuana prohibition; stop wasting 100’s of billions of dollars every year in policing, prosecuting, and incarcerating our citizens; stop funding drug gangs, ruining civil society and corrupting our law enforcement agencies on both sides of the southern border. This is a clear case where government doing less will mean doing more to lower crime, save money and help protect and preserve our civil liberties.

What do you think? I’d like to know.