Drug WarRant

Militarization of Drug War a Failure, Mexico Rights Watchdog Says

More than three years of using the Mexican military against drug cartels has brought no improvement in public safety, the chairman of the independent National Human Rights Commission

Normalizing the Police State by Allison Kilkenny

Here we have the completion of the perfect police state. Citizens are monitored from cradle to grave. Any signs of anger or rebellion are swiftly squelched with medication or “peace officers.” The schools step in when the state cannot act to monitor and regulate every movement of students’ lives under the banner of “Zero Tolerance.” […]

Sinclair Lewis said, “When fascism comes to America it will be wrapped in the flag and carrying a cross.”

Marijuana Decriminalization Advances Jacob Sullum at Hit and Run has a rundown.

If you missed it earlier this week, be sure to read the USA Today front-page story: Slowly, states are lessening limits on marijuana

“Politicians are finally catching up with the American public,” Gardinier says.

Most of the changes have come on the West Coast and Northeast, but lawmakers in a few Southern and Central states also are proposing bills, in part because they see marijuana as a potential money-maker, says Gutwillig of the Drug Policy Alliance.

A Generational Moment for Drug Policy Reformers by Stephen C. Webster

It all centers around a man named Henry Walter Wooten, a 54-year-old Texas resident who will likely be spending the rest of his life behind bars. That’s because a jury in Tyler sentenced him to 35 years in jail after he was caught in possession of just over a quarter pound of marijuana. […]

His sentence is so stunningly, terrifyingly unjust, if drug reform advocates do not fly into an uproar over this case, I may just give up all hope of seeing this drug war problem rectified in my lifetime.

Pentagon Shooter Pot Scandal Grows Cliff Kincaid is back to push this issue some more.

Facing a backlash over reports that Bedell was a psychotic pothead, the illegal-drug lobby is accusing anyone who brings up anything negative about “medical marijuana” of engaging in “reefer madness,” a term once given to chronic marijuana use of the kind that ultimately resulted in Bedell’s downward spiral and death in an exchange of gunfire at the Pentagon.

What’s sad is that the Christian Science Monitor went down to Kincaid’s level in this stunningly bad piece: Marijuana legalization? A White House rebuttal, finally

Money Can Grow on Trees — NORML gets its digital ad in Times Square.

Costa’s legacy: Human Rights and the UNODC — excellent piece at Transform on the two faces of UNODC’s Costa.

Instead of having a constructive dialogue with the NGOs representatives present, the Director prompted an audible gasp as he immediately lashed out, angrily accusing half of us of being ‘pro-drug’ (again) and not caring if we killed millions in poor countries. […] Costa is stepping down in May and hopefully a more positive relationship will be possible with his successor. […]

As he prepares to bow out he may well also look back at today’s publication by the UNODC of new a discussion document, ‘Drug control, crime prevention and criminal justice: a human rights perspective – Note by the Executive Director’ , as one legacy for which he can be justifiably proud. It contains a level of sophistication in its analysis that has long been absent from the high level drug policy UN discourse. It is an authoritative document and one of potentially huge importance in the longer term. UN drug control, and international drug policy more generally has been uniquely divorced from much of the mainstream human rights analysis that flows through the very core of the wider UN family. This new document goes some way to correcting this historical anomaly – at least on paper.

Fascinating stuff.

Ideas for Change in America Change.org will officially announce the top 10 ideas on Monday, but “Legalize the Medicinal and Recreational Use of Marijuana” was number 1 at the closing bell. Curious to see what kind of action comes of that.

DrugSense Weekly – a weekly review of the most interesting or relevant articles in the press and on the web related to drug policy reform.

Drug War Chronicle – weekly update of drug war news and analysis from Stop the Drug War.org.

This is an open thread.

I have filed a Petition for Correction under the ONDCP Information Quality Guidelines.

American world indoor sprint favorite Ivory Williams has tested positive for marijuana and ruled ineligible for the world championships, costing the event one of its key match-ups, officials said on Wednesday.

The U.S. Anti-Doping Agency (USADA) said Williams had tested positive for a metabolite of marijuana at the U.S. indoor championships in February and had been disqualified from all results at the meeting, thus nullifying his chance to compete in the world championships. […]

The 24-year-old former world junior champion ran the fastest 60 meters in the world this season, 6.49 seconds, to win the American indoor title on February 28 in Albuquerque, New Mexico.

Good thing they caught him. No way you can run 60 meters in under 7 seconds if you’re not stoned. We need sports to be on an even playing field without the performance enhancement of pot. It’s not fair to the non-pot smokers who are stuck in 2nd gear and end up lagging embarrassingly behind.

So remember kids, while it’s true that smoking pot will make you a 14 times gold-medal swimmer, or a world record sprinter, or a gold-medalist snowboarder, if you want to compete professionally, do it without the performance enhancements.

Update:

I wrote to the US Anti-Doping Agency…

Dear Erin,

I write for DrugWarRant.com, an online news and analysis site, and I was wondering if you could help my readers understand the recent suspension of Ivory Williams. As far as I can tell, Mr. Williams is a world-class sprinter who tested positive for cannabinoids.

I think it’s fair to say that most of my readers support enforcing rules against the use of performance-enhancing drugs by professional athletes. Can you explain how cannabinoids function as performance enhancers? Do they make a sprinter go faster, or add to muscle development, or perhaps provide some kind of mental advantage?

Do cannabinoids provide a greater advantage than, say, tobacco or alcohol? And are tobacco or alcohol prohibited performance-enhancing drugs? (According to Globaldro, it appears they are not.)

I appreciate your response.

Pete Guither, editor
Drug WarRant.com

Her response:

Hi Pete,
Thanks for getting in touch. Marijuana is prohibited in-competition (during an actual event).

I will refer you to the criteria that the World Anti-Doping Agency (WADA) sets out in this regard in the World Anti-Doping Code, to which the U.S. is a signatory. This is below. Should be helpful.

Thanks.

Erin

Criteria for Including Substances and Methods on the Prohibited List: WADA shall consider the following criteria in deciding whether to include a substance or method on the Prohibited List. A substance or method shall be considered for inclusion on the Prohibited List if WADA determines that the substance or method meets any two of the following three criteria:

• Medical or other scientific evidence, pharmacological effect or experience that the substance or method, alone or in combination with other substances or methods, has the potential to enhance or enhances sport performance;
• Medical or other scientific evidence, pharmacological effect or experience that the Use of the substance or method represents an actual or potential health risk to the Athlete;
• WADA’s determination that the Use of the substance or method violates the spirit of sport described in the Introduction to the Code.

Hmmm… So it has to meet 2 of the 3 to be considered for the prohibited list. I guess it must be a performance enhancer!

The Drug Enforcement Administration’s (DEA’s) traveling museum exhibit, Target America: Opening Eyes to the Damage Drugs Cause, is coming to the Big Easy

Hasn’t New Orleans suffered enough?

I’ve followed this pathetic exhibit since 2003 in Dallas, and then to New York, Chicago, Los Angeles…, and even had my own museum protest and counter website

Well, I guess they’ve pulled it out of mothballs and are touring it again.

Joe Cook (General Manager FOX 8 WVUE), Bill Alden (President, DEA Educational Foundation), Michele M. Leonhart (Acting Administrator, Drug Enforcement Administration) Fran Harding (Director, Center for Substance Abuse Prevention), Dr Wilson Compton (Deputy Director, National Institute on Drug Abuse), Eileen Sweeney (Head of Motorola Foundation), Jim Mears (VP of Motorola), Jim Bernazzani (President, The Youth Rescue Initiative)

Wow. Sure took a lot a folks to cut a small ribbon on an old exhibit. I notice two of them are from Motorola. Now why does Motorola ring a bell? Oh, that’s right — they’re the ones who hired former DEA head Karen P. Tandy.

We all know that the Drug Czar is required by law to lie. But does he really need to enjoy it so much?

This week points out once again how he does it. And it’s all about drugged driving.

Now the drug czar would like to make a big deal about the dangers of drugged driving, partly because if he can get states to pass “per se” laws (where even the presence of residual metabolites from marijuana, for example count as drugged driving despite the lack of impairment), then it puts a complication into efforts to legalize.

Here’s his problem. There are no reliable studies that demonstrate that drugged-non-drunk driving (particularly marijuana drugged driving) is a real problem. Individual cases, sure, but no clear statistics like you have with drunk driving.

This year, when the National Highway Traffic Safety Administration (NHTSA) conducted a study where they asked drivers in one location to pull over and voluntarily submit to a drug test.

Based on oral fluid tests, 11% of daytime drivers tested positive for the presence of a combination of illegal, prescription, and over-the-counter drugs (not including alcohol). 14.4% of nighttime drivers tested positive. At nighttime, they also tested some drivers with blood tests. Using a combination of oral fluid and blood tests, 16.3% of nighttime drivers tested positive. Marijuana was the substance detected most (nighttime: marijuana 8.6%, cocaine 3.9%, meth 1.3%).

Now, as you read this, you immediately realize that it means very little. It’s the first year that this study has been conducted. Now, if you run it for a number of years, fluctuations might tell you something interesting. But a baseline set of numbers here says nothing at all about impairment on the highways.

For example, if 8.6% of the population uses marijuana on a regular basis, but every one of them always, without fail, wait until they are sober before driving, these results would show that 8.6% of drivers test positive for illegal drugs. It says nothing about impairment.

The study authors knew this well. They specifically stated:

“The reader is cautioned that drug presence does not necessarily imply impairment. For many drug types, drug presence can be detected long after any impairment that might affect driving has passed. For example, traces of marijuana can be detected in blood samples several weeks after chronic users stop ingestion. Also, whereas the impairment effects for various concentration levels of alcohol is well understood, little evidence is available to link concentrations of other drug types to driver performance. “

and

“Caution should be exercised in assuming that drug presence implies driver impairment. Drug tests do not necessarily indicate current impairment. Drug presence can be measured for a period of days or weeks after ingestion in many cases. This latency of drug presence may partially explain the consistency between daytime and nighttime drug findings.”

That didn’t stop the Drug Czar. Desperately needing some kind of authoritative backing for his drugged driving campaign, he latched onto the NHTSA report despite the fact that it specifically denied what he was trying to claim.

He knew that. So he needed to find a way to sneak it in.

He couldn’t just come out and put a statement on the ONDCP website stating that 16% of all evening drivers are high. That could be subject to review. So he tends to be more careful with official statements. In his statement for the UN Commission on Narcotic Drugs this week, he said:

In addition, we hope to foster productive discussions this week about the emerging public safety threat of drugged driving, which adversely effects judgment, reaction time, motor skills, and memory. In our Nation, we are increasingly seeing the terrible consequences of drug use in the form of automobile accidents. Far too many people are using drugs and then getting behind the wheel, with deadly results. According to a study conducted by the U.S. National Highway Traffic Safety Administration, more than 12 percent of weekend nighttime drivers tested positive for illicit drugs.

See the trick? Three sentences of hyperbolic opinion, followed by one sentence of unrelated fact (technically true, because he said “tested,” not that they were impaired), intentionally giving the impression that the last sentence acts as proof or evidence to support the first three.

It is a lie. No question about it. The paragraph is intentionally deceitful, which makes it a lie. But it’s effectively unchallengeable. How could I, for example, challenge that statement through the Information Quality Act? Statements like “far too many people” are so vague as to be meaningless, and the final sentence is technically correct, even though irrelevant.

But that’s only the first step of the lie. Kerlikowske knows that the press can be manipulated (and that his quotes in the press are un-reviewable), so when he talks to them, he goes further, knowing they won’t bother to check on his statements.

Washington Post, reported by Ashley III Halsey:

About 11 percent of motorists are high on the weekend, and the number creeps up past 16 percent once night falls on Friday and Saturday, according to federal drug czar Gil Kerlikowske and a national roadside survey by the National Highway Traffic Safety Administration. [emphasis added]

Reuters, reported by Sylvia Westall and Matthew Jones:

“If you think about driving on an American road on a Friday or Saturday evening about 16 percent of the vehicles – one in six of the cars – (the driver) will be under the influence of an illicit or licit drug,” Gil Kerlikowske, director of the U.S. Office of National Drug Control Policy, said. [emphasis added]

NY Daily News, reported by Issie Lapowsky:

Gil Kerlikowske, director of the U.S. Office of National Drug Control Policy, told members of the United Nations that on the average weekend in America, one in six drivers “will be under the influence of an illicit or licit drug.” [emphasis added]

Now the lie is clear and specific, but it’s being disseminated by the press, not specifically by the ONDCP.

Masterful lying by Gil Kerlikowske. Almost too good. Makes me wonder who might be helping him… I understand that Kevin Sabet has been seen at his side quite a bit. Kevin’s a real cagey player and has shown an interest in pushing the marijuana and drugged driving meme for some time.

Care to comment on that, Kevin? I’d be happy to open up a discussion on drugged driving with you here at any time.

….

Note to any amateur sleuths out there. If you find any official ONDCP documents or web pages that actually misstate the findings of the NHTSA study (ie, use the words “impaired” or “high” or something other than “tested positive for”) please let me know.

The UN Commission on Narcotic Drugs 2010 is taking place this week in Vienna (program).

There has been outstanding blog-by-blow coverage at CNDblog, a project of the International Harm Reduction Association.

CND is the UN body tasked with overseeing global drug policy. However, despite this important mandate, the Commission chooses to work in relative secrecy. Its meetings are not webcast, nor are minutes or summary records made available to the public. The final reports of the meetings are extremely limited. The CND never votes, so it is difficult to find out what position your government has taken on key issues. CNDblog is an attempt to fill this gap, and provide hour by hour records of the debates and decisions rendered during the 53rd session of CND in March 2010.

While the UNODC has made a point of saying they wish to be inclusive, they’ve really tried to shut out any other views.

Transform Drug Policy Foundation, which will actually have a session connected to the CND event, has a wonderful report on the lengths that UNODC’s Costa will go to marginalize other views.

For a start the Executive Director of the UNODC deliberately slandered a whole section of the NGO community in his opening speech, calling groups who support a debate on wider drug law reforms/regulation “pro-drugs”, despite Transform specifically writing to him, requesting that he desist with this childish and unwelcoming slur, on the basis that it was inaccurate, pejorative and offensive. Would he call the US Government “pro-drug” for supporting the regulation of tobacco and alcohol? No. We wrote to him about this after the last CND – see “Reformers are not pro-drug” – and got an acknowledgment of our concerns, but no actual response.

I can’t resist showing this… The NGO’s (non-governmental organizations, including Transform, Harm Reduction Association, etc. many of whom are there to try to reform) tend to get shut out of key portions. However, they were promised a location to make their materials available to delegates.

The 160 representatives from 55 NGOs were given this table.

…

Our own drug czar is also, of course, in Vienna. His opening speech was full of the usual stuff — multi-pronged balanced approach, no marijuana legalization, no “harm reduction,” etc. and full of the usual lies as well (treatment numbers being proof of the “significant consequences of marijuana use” etc.)

Here’s the kicker. Kerlikowske is conducting one session himself. On Wednesday at 2 pm, he’s conducting a session on… “Understanding the Threat of Drugged Driving.”

Oh, yeah, he’s using the same false information that he’s been using before. Reuters is running a teaser about the session…

“If you think about driving on an American road on a Friday or Saturday evening about 16 percent of the vehicles – one in six of the cars – (the driver) will be under the influence of an illicit or licit drug,” Gil Kerlikowske, director of the U.S. Office of National Drug Control Policy, said.

“Drugged driving is a significant problem.” he told reporters at a week-long U.N. drug policy review meeting.

It’s the same lies he told Ashley III Halsey

Remember, he is basing his entire drugged driving fear campaign on a study by the National Highway Traffic Safety Administration. And does the NHTSA study support Kerlikowske’s claims?

“The reader is cautioned that drug presence does not necessarily imply impairment. For many drug types, drug presence can be detected long after any impairment that might affect driving has passed. For example, traces of marijuana can be detected in blood samples several weeks after chronic users stop ingestion. Also, whereas the impairment effects for various concentration levels of alcohol is well understood, little evidence is available to link concentrations of other drug types to driver performance. “

and

“Caution should be exercised in assuming that drug presence implies driver impairment. Drug tests do not necessarily indicate current impairment. Drug presence can be measured for a period of days or weeks after ingestion in many cases. This latency of drug presence may partially explain the consistency between daytime and nighttime drug findings.”

I wrote to Reuters and suggested to them that perhaps the real story is the fact that the Drug Czar is in Vienna conducting a session about drugged driving, and he has no actual evidence that the problem exists!

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Consider this an open thread.

The International Students for Sensible Drug Policy conference is taking place this week in San Francisco.

Full Program is available online.

I wish I could be there with them. Should be a good (and educational) time. If anyone there is reading this, feel free to pass on your reports and I’ll be happy to publish them here.

From Reason TV — a must-watch.

James Gray has been out there for some time making a difference. This former Superior Court Justice is author of Why Our Drug Laws Have Failed: A Judicial Indictment Of War On Drugs, which has been for almost nine years one of the best books out there for introducing people to the notion of ending the drug war. The recommendations section at the end is a bit dated, but the book still holds up.

Popular Science has made its archives searchable, and this has led to finding gems such as this article, from May of 1968

This was 42 years ago, an era when the science of marijuana was incomplete, yet they oddly seemed to know more than “we” do today. It was a time before science had been turned to proving an agenda, back when it was about learning the truth about stuff.

Let’s take a look at some of Popular Science’s conclusions about marijuana…

Though medical men agree that marijuana is not physically addictive (unlike cigarettes and alcohol), many classify it as “psychologically addictive” — a term that Dr. Malleson considers “extremely imprecise, misleading, and unuseful… In practice it means nothing more than the statement, ‘I want.'”

Clearly before the treatment folks turned curing “I want” into a massive industry.

Most experts also agree that marijuana does not in itself lead to more potent drugs. But because it is illegal, the criminal underground may be aiding in its distribution — the same underground that distributes heroin. So in that sense, some experts call marijuana “criminogenic,” a word that is applied, explains Dr. Fort, “to certain laws which through the nature of the law generate crime as a direct consequence of that law.”

Criminogenic. Now there’s a word we don’t hear much today. That entire concept has been erased from public discourse. Interestingly, the word today seems to have a range of meanings, none as specific as Dr. Fort implied in 1968. But certainly the concept of a law that generates crime as a direct consequence of that law is sound today, and perfectly describes the drug war.

Marijuana is not a narcotic; it is neither physically addictive (no withrawal symptoms), nor does one work up to a tolerance to it so that more and more is needed for the same effect. Psychiatrist Fort says, “The marijuana smoker is able to assess the degree of desired effect as he continues to smoke, so that after reaching whatever he is seeking… he ordinarily stops any further inhalation.”

Yep. And before someone jumps in and says that there are indeed withdrawal symptoms, I believe that the threshold necessary to be considered withdrawal symptoms was much higher in 1968 than today where “I want” becomes a withdrawal symptom.

One California medical study complete last year concluded that the “rowdy” type prefers alcohol, the “non-aggressive” prefers pot. Marijuana users “are not troublemakers and they try to stay away from trouble,” the report stated. “They do not engage in delinquent behavior – other than in their use of marijuana.”

A massive 1947 study of marijuana users in India – where the drug is smoked or drunk in “taverns” much like our local bars – concluded that because marijuana tends to make a man timid rather than aggressive, its use in India led not to more crime, but less. In today’s hippie communities, in fact, where a perpetual haze of burning hemp hangs overhead, the crime rate is amazingly low.

True. Also interesting. I was not aware that India had that policy then. I learned today that the policy changed in 1985.