Fun things to do when flying…

Here’s a great thing to do for stress relief: Take several condoms and fill them with flour. Squeezing them is as good as those expensive items you can buy (as well as being a fun phallic gag).
Unfortunately, however, they actually increased the stress level for freshman Janet Lee at Bryn Mawr College.

In the space of a few hours on Dec. 21, 2003, Janet Lee landed in a Philadelphia jail cell, where she would remain for three weeks, held on $500,000 bail and facing 20 years in prison on drug charges.

All over flour found in her luggage.

The big questions are:

  • How is it that field tests conducted twice came up with results showing that the powder was a mix of opium, amphetamines, and cocaine?
  • How is it that officers and prosecutors believed that someone would mix those drugs together and then carry them in that quantity in un-swallowed condoms in their luggage through airport security? Isn’t this just odd enough for them to question the field tests before a defense attorney got involved and asked for expedited laboratory tests (which, of course, verified that it was flour)?
  • What bright person is going to get going on this and start marketing flour-filled-condom stress-relievers? I think it would be a big hit — everyone should carry them on flights.

Lee has filed a federal civil-rights lawsuit against city police.
Good.

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Back to the Drug War

I had a great week off with relatives, including a very good evening of talking about the drug war with my folks. It’s nice to know that they’re proud of the work I’m doing here, and outraged by the excesses of the drug war. Don’t assume that your parents and friends won’t support your views on drug policy — they’re a great group to talk to and can help you get comfortable with the notion of talking about reform.
Now I’m back, but my broadband is out of order, so I’m blogging from Starbucks (An extra big thanks to the friends that gave me Starbucks gift cards for Christmas!)
A couple of quick notes:
“bullet” Teresa Aviles dropped by while I was gone. I wrote about her and Isidro here. She’s got a book out now: “So Many Tears” (available here)
I’ve been reading a couple of other books over break, and I hope to talk with you about those soon.
“bullet” Mexico and Colombia. The more I read about these countries, the more I see outright criminal destruction funded and promulgated by the U.S. Is there any other way to look at it? See Cartel wooing Mexico’s military: Analysts finding signs of corruption and Paramilitaries and Palm Plantations: A Murderous Combination in Colombia.

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Open Thread – Holiday Travels

I’ll be gone for about a week starting today, visiting relatives in places that don’t have convenient wireless access. So while I’ll be able to check email and keep up with the news, I won’t be able to use my blogging software much.
Feel free to discuss anything in the comments.
Be safe. Happy Holidays!

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Up Goose Creek

U.S. Marijuana Party Blog reports a tentative settlement in the outrageous Goose Creek School Drug Raid.
The students could receive between $2,000 and $5,000 each.
I hate the notion of depriving schools and communities of much-needed funds, but sometimes hitting them in the pocketbook is the only way to make them aware that they have not been given the power to infringe the rights of citizens.

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Student financial aid provision possibly on its way to partial reform

Not a very strong headline, but…
Dare Generation Diary reports that reform to the horrid HEA (Higher Education Act) financial aid provision (that denies financial aid to students with a drug conviction) passed the Senate yesterday (as part of the spending bill in that 51-50 vote where Cheney broke the tie).
Now, first of all, there isn’t enough praise that can be given to the efforts of Students for Sensible Drug Policy. These folks have worked tirelessly for years, developing partnerships, getting universities to pass resolutions, lobbying directly with Congress, etc. to make inroads in this issue. And they’ve taken on the worst of the drug warriors (including Souder) to do so.
Unfortunately, the celebration can only be partial. First, the spending bill itself is far from certain to be passed — since extra provisions were inserted in the Senate version, it has to go back to the House, and the House probably won’t be back in session until late January. The bill only passed the House by about 6 votes last time, so expect some drama.
Second, even if/when the HEA reform provision is passed (as I expect it will be eventually), it’s still a hollow victory. It only exempts those who had a conviction prior to attending college. Any drug conviction while in college will end financial aid. The entire provision should have been repealed — this kind of penalty doesn’t exist for anything other than drug use. It targets poor people who smoke pot. (Surprise, surprise.) Someone who isn’t rich, who gets caught passing a joint at a party, loses their financial aid and ends up not getting an education, regardless of how well they’re doing in school. How does that help them or society?
Support SSDP and help them continue their fight against the HEA provision.

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An editorial gets it right

Yesterday’s Lima News (Ohio) and Ft. Wayne News Sentinal (Indiana) editorials discuss the spying business and bring up the 4th Amendment…

It was bad enough when The New York Times revealed that, since early 2002, under an executive order from President Bush, the National Security Agency has been conducting surveillance inside the United States, almost certainly on U.S. citizens, without any sort of warrant approved by any sort of court. It was doubly disturbing that the president defended this practice and said, in effect, “Don’t talk to me about laws or constitutions, I’ll keep doing it until Congress or a court stops me.”

The Fourth Amendment to the Constitution reads: “The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

This standard has been refined and (especially as relates to the drug war) weakened by the courts over the years. But the requirement to get a warrant remains one of the key distinctions between a reasonably free and civil society and an authoritarian or dictatorial regime. [emphasis added]

Nice to see editors remembering the Fourth Amendment, noting its importance, and recognizing that it’s been weakened by the war on drugs.

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Stupid District Attorney

More stupidity.

A Lake Geneva man could face 37 years in prison after he allegedly had marijuana in his system during a fatal crash in Muskego last September.

Brent Ehret, 21, was charged Friday with one count of vehicular homicide with a controlled substance in his blood and one count of causing great bodily harm by use of a vehicle with a controlled substance in his blood. He was also charged with possession of marijuana and drug paraphernalia.

This is one of these new cases of charging someone simply because there were traces of tetrahydrocannabinol in the blood (Ehret claimed he had smoked the day before), without any indication of impairment.
But here’s the kicker. Check out this quote by idiot District Attorney Paul Bucher:

“The nice thing about this law is you don’t need to prove (someone) is under the influence,” he said, adding that Ehret enjoys a presumption of innocence until proven otherwise. “You shouldn’t be driving under the influence of a controlled substance, period.”

???
Does he even have a clue as to the words coming out of his mouth?

[Thanks to Scott]
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Bad law, bad prosecution

In Kenner, Louisiana, a tragedy happened.
Rebecca Doussan (age 26) and her twin sister Rachel were injecting cocaine. Rebecca left the apartment to get some more, and when she returned, discovered her sister drowned in the bathtub, with the water still running and the bathroom door locked.

The autopsy found that Smith died as a result of drowning, associated with the toxic effect of cocaine, [police spokesman] Gallagher said.

Now Rebecca is being charged with 2nd degree murder for supplying Rachel with drugs which “”turn out to be the direct cause of death.”
Can someone tell me what the point of this prosecution is?

  • Punishing Rebecca? She was punished more by the death of her twin sister than any jail sentence could possibly hope to accomplish. It’s also not like there’s any question that Rachel took the cocaine willingly.
  • Deterrance? How can this law or prosecution thereof provide any deterrance? Will someone think “Oh, I’d better not give my sister drugs because if she dies I could get in trouble.”? Even assuming anyone knows about this odd provision, they’re not going into a drug experience expecting death as an option, so deterrance is out.
  • Providing closure to the crime victim and their family? Oh wait, that’s right, this law is punishing the “crime victim’s” family.
  • Using up excess tax funds lying around by prosecuting and jailing Rebecca?

It’s just stupid.

The twins’ father, David Doussan of Metairie, said learning his daughter was booked with murder was “like getting hit by a truck again.”

“It’s indescribable the pain I’ve been through since the death of my daughter last year,” he said.

She “loved her sister dearly and would never do anything to hurt her,” David Doussan said. “She would give her arm for her sister.”

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The future in Bolivia

Will Washington engage Morales? by Jim Lobe is a very interesting article about the challenges faced in Bolivia-U.S. relationships, with Morales in charge.
Analyst John Walsh notes:

“If he’s saying yes to coca for traditional purposes, but no to cocaine trafficking, we need to take him seriously and engage him,” he said. “There’s no doubt that he has a mandate — and a very strong one — to chart a different course on drug policy than the U.S. has always pressed on Bolivia. But we also need to reexamine that policy and how much resentment it has caused there.”

Apparently, there are some in the State Department who are smart enough to be willing to show some flexibility in this area, including top Latin American aid Thomas Shannon, who recently replaced hard-liner Roger Noriega.
But the State Department will have to contend with the hard-core drug warriors in Congress as well as the ONDCP and DEA, and the knowledge that if flexibility is shown in Bolivia, everybody down there is going to want some.

“As soon as they start talking about alternatives to eradication in Bolivia, the rest of the drug agenda comes tumbling down, because Colombia and Peru will want the same treatment,” Jawahar said.

If the U.S. doesn’t work with Morales, we could end up with a growing block of Latin American countries hostile to the U.S. If the U.S. does work with Morales, we could see a complete shift in the Latin American drug war dynamic.
Fascinating.

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Spying on Us

Those of us involved in drug policy reform have seen the continual destruction of the 4th Amendment in the name of the drug war and we have shouted until we were hoarse, as the general population turned a blind eye to law enforcement and the federal government continuing to expand their “tools.” And we watched as those tools were turned on the innocent and used to entrench and expand a policy that treats American citizens as criminals.
911 was a tragedy in many ways. In a bizarre twist, it was a tragedy for the future of freedom in this country because of the tastes and lusts of the federal police system. Now there was a new justification for more “tools”: terrorism.
The recent revelations of warrantless spying on American citizens by the NSA under the express authorization of the President is horrifying, although unfortunately not very suprising. President Bush has admitted to the particulars…

“This authorization is a vital tool in our war against the terrorists. It is critical to saving American lives. The American people expect me to do everything in my power, under our laws and Constitution, to protect them and their civil liberties and that is exactly what I will continue to do as long as I am president of the United States,” Bush said.

Spying on people to protect their civil liberties? Sort of like raping someone to protect their virginity.

Bush said the program was narrowly designed and used “consistent with U.S. law and the Constitution.”

Now in everything I’ve read so far, including the statements by Attorney General Gonzales, I don’t see any way that the program could be considered legal unless (as seems to be their argument):

  1. The President is, by nature of being President, exempt from all laws (except for those related to blow jobs). And if that’s not enough…
  2. The Congress, when authorizing the use of force against terrorists, by implication revoked all previous law and the Constitution as it relates to the President.

Right.
Sigh
They don’t even try very hard to justify taking away rights anymore.
The thing is that the system was already so easy for the government to use. You just go to a secret FISA judge (often referred to as a rubber-stamp judge) and get a warrant (almost never turned down). If you don’t have time, start your spying and get the warrant later (within 72 hours).
The spying they are doing simply means that they don’t even want a judge looking at it or knowing that they’re doing it. Why? Because they’re so embarrassed? Or because the judge might balk at the scope of the investigations? Hmmm…

He said it is used only to intercept the international communications of people inside the United States who have been determined to have “a clear link” to al-Qaida or related terrorist organizations.

“I intend to do so for as long as our nation faces a continuing threat from al-Qaida and related groups,” he said.

Links to terrorist organizations. And what does the federal government consider terrorism?
“bullet” During the 2002 Superbowl, the White House Office of National Drug Control Policy (ONDCP) aired two thirty-second ads targeted at young Americans who do drugs.æ One of the ads asked, “Where do terrorists get their money? If you buy drugs, some of it might come from you.”
Links to terrorism. Every person in America who has smoked pot?
“bullet” When Orin Hatch introduced the Victory Act (to add to the Patriot Act) in 2003, it was sub-titled:

To combat narco-terrorism, to dismantle narco-terrorist criminal enterprises, to disrupt narco-terrorist financing and money laundering schemes, to enact national drug sentencing reform, to prevent drug trafficking to children, to deter drug-related violence, to provide law enforcement with the tools needed to win the war against narco-terrorists and major drug traffickers, and for other purposes.

Narco-terrorism. A big new word since 911.
“bullet” The DEA’s traveling museum exhibit: Target America: Drug Traffickers, Terrorists and You
“bullet” In the recent attempt to extend the Patriot Act (which already has been used to a great degree for drug investigations), a provision was inserted relating to meth. How was that appropriate?

“When we think about the global war on terrorism, we shouldn’t forget about the war on terrorism at home,” said Ron Brooks, the president of the National Narcotics Officers’ Associations Coalition. [Link]

The war on terrorism at home. Has a nice ring to it if you’re looking for more tools to use on the American citizen.
The thing is, of course, that we have no idea how this spying has been used. And that’s the point. We are put in the position of having to trust one source. Without even a friendly judge we don’t have anyone looking out for the American people who can say, “Whoa, that’s going too far.” (Anybody who’s been involved in retail sales or auditing knows the critical importance of the two-person rule. That’s what checks and balances in our system are all about.)
So we’re left to speculate. And given the information above, it doesn’t take much to start looking for your tin-foil hat.
Take the case of Marc Emery, for example. A Canadian with many ties, financial and otherwise, to people in the states. A Canadian who sold seeds to a relatively harmless plant. A Canadian that the DEA really wanted to nail. And after months of investigations, they had him arrested.

In her bizarre press release of July 29, DEA chief Karen Tandy left little doubt as to why they singled out Emery’s operation. “Today’s DEA arrest of Marc Scott Emery, publisher of Cannabis Culture magazine, and the founder of a marijuana legalization group — is a significant blow not only to the marijuana trafficking trade in the U.S. and Canada, but also the marijuana legalization movement,” it begins, adding: “Hundreds of thousands of dollars of Emery’s illicit profits are known to have been channeled to marijuana legalization groups in the United States and Canada. Drug legalization lobbyists now have one less pot of money to rely on.”

Gee, I wonder if any American citizens’s communications with Marc Emery (including those of a current candidate for Governor of Alabama who publicly and proudly worked with Emery) were part of this warrentless spying?
We need to join with everybody in every part of the political spectrum to stop this intrusion on our rights.
And for those of you who “trust President Bush to do the right thing,” I urge you to consider that these powers, if not stopped by Congress and the people, will never be given up by any administration. Imagine your worst nightmare as President and then imagine them with this unchecked power.

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