Stuff to read

Well, I finish my run in Marat/Sade this evening. It’s been a wonderful show and I’ve enjoyed every minute of it, but losing every evening for the past 8 weeks has taken its toll. I now will need some time to recover and catch up with other work, but I’ll try to get back to more posting here quickly.
For now, check these out:
“bullet” Militarizing Mayberry at The Agitator. Standard knock-down-the-door-slam-the-residents-to-the-floor-and-cuff-them drug warrior approach for 2.5 grams of marijuana. And sure, ignore the fact that the woman is havin a heart attack. When it comes to busting marijuana, who cares about human life, anyway? The woman survived and is suing.
“bullet” A new political approach? Politician admits using cocaine and his poll numbers immediately go up. Hmmm… Bush could use some help right now… (Thanks, Lee) [Also, I see Joel Miller had the same thought]
“bullet” Jews Lead the Charge for Medical Pot — interesting article by Joe Eskenazi of Jewish News Weekly. The article talks about Irv Rosenfeld, Robert Raich, Ed Rosenthal, and others. One of my favorite anecdotes in the article is from attorney Bill Panzer:

“In seventh or eighth grade, a cop came to our school to give us a talk. He told us that marijuana came to our country when we were building the railroads; it was brought along to plant along the side of the tracks because no living creature will go near marijuana. That‰s how evil it is. And the thundering herds of bison would come across the great plains 5 million strong and stop dead in their tracks,” he said.

He pauses for effect.

“And even at that point, I knew this was bulls–t.”

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Softening of Patriot Act Support

A good article at Reason by David Weigel: When Patriots Dissent —
Surprise: Standing up to the PATRIOT Act can be good politics.

The article gives a nice background of the erosion of support for the Patriot Act, and while the drug war isn’t mentioned, it’s relevant.
The Patriot Act was touted as a way to apply drug warrior tactics to terrorism, and then, behold, the new provisions were often primarily used to give drug warriors more weapons to use against Americans’ rights.

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Can your spouse invite the cops in over your objection?

Thanks to Daksya —
Check out this excellent re-cap by Dahlia Lithwick of the Supreme Court’s oral arguments on Georgia v. Randolph. You can get a real sense of what mattered (particularly in 4th amendment terms) to the different Justices (and it doesn’t look good with our new Chief Justice).
I agree with Dahlia’s conclusion:

To my mind, this is not a hard case — and for the same reason O’Connor keeps hammering at this morning. Of course I accept that my expectation of privacy in my home was somewhat diminished the day I married my husband. But his “right” to invite the cops to search my underwear drawer can’t possibly be as forceful as my constitutionally enshrined right to keep them out. Not when there are a dozen other ways for them to rummage around if the situation demands it. Georgia’s view of this case — and apparently the view of the new chief justice — seems to be that a few underwear searches is a small price to pay for the joy of not living alone.

Here’s my earlier post on the subject.

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Steve McWilliams Truth in Trials Act introduced

Via MPP:

WASHINGTON, D.C.ÖIn the wake of June’s Supreme Court ruling allowing federal prosecutions of medical marijuana patients even in states where medical use of marijuana is permitted, U.S. Rep. Sam Farr (D-CA) and a bipartisan group of cosponsors have re-introduced legislation to guarantee such defendants a fair trial. The measure comes one week after the release of a new national Gallup poll in which 78% of respondents supported “making marijuana legally available for doctors to prescribe in order to reduce pain and suffering.”

The Steve McWilliams Truth in Trials Act would allow individuals accused of violating federal marijuana laws to introduce evidence in federal court that they followed state law for the purpose of alleviating suffering. Defendants could be found not guilty if the jury finds that they followed state medical marijuana laws. At present, medical marijuana patients are barred from telling federal jurors that their use of marijuana was for medical purposes, even when state laws explicitly permit medical use.

The bill is named for San Diego medical marijuana patient and activist Steve McWilliams, who used marijuana to relieve the severe pain he suffered from a series of auto accidents. Facing federal prosecution for growing 25 marijuana plants in his yard, forbidden from mounting a medical-necessity defense, and unable to use the one medicine that eased his suffering for fear of being jailed, McWilliams committed suicide on July 12.

“By providing an affirmative defense for medical marijuana patients, my legislation provides a reasonable way to accommodate contradictory federal and state laws on a very important medical matter,” said Rep. Farr. “I am offering a compassionate, common sense solution and I hope my colleagues in Congress will put aside their preconceptions and give it fair consideration.”

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Challenge your mind

A couple of interesting pieces to read if you’ve got a little extra time.
“bullet” Ambassador de Sade, By John Gorenfeld in AlterNet.
Bush’s ambassador to Italy doesn’t speak Italian, and his qualifications seem to be a history of running a program that tortured kids. That’s right. Ambassador Mel Sembler and his wife ran STRAIGHT, Inc….

before seeing it dismantled by a breathtaking array of institutional abuse claims by mid-1993. Just one of many survivors is Samantha Monroe, now a travel agent in Pennsylvania, who told The Montel Williams show this year about overcoming beatings, rape by a counselor, forced hunger, and the confinement to a janitor’s closet in “humble pants” — which contained weeks of her own urine, feces and menstrual blood. During this “timeout,” she gnawed her cheek and spat blood at her overseers. “I refused to let them take my mind,” she says of the program. The abuse took years to overcome.

Despite all the lawsuits and legal actions, since the Semblers were political contributors, STRAIGHT, Inc managed to change its name to the Drug Free America Foundation, receiving government subsidies and spinning off organizations like SAFE, and the Semblers got to party it up in Italy, where they still keep busy…

The ambassador’s wife is an outspoken critic of what she calls “medical excuse marijuana,” and serves on the boards of such mighty anti-legalization campaigns as the International Task Force On Strategic Drug Policy, which works with Latin American countries to lobby for harsh drug laws. Mel himself used his Rome ambassadorial pulpit for a global conference in 2003, appealing to the “moral imperatives” of the drug war and urging a “culture of disapproval of drug abuse.” DFAF, founded by the Semblers, receives hundreds of thousands of dollars in grants from the Small Business Association to advance workplace drug testing in businesses — for example, a handout in 2000 of $314,000. Betty Sembler is president and Melvin has served as chairman.

It’s a pretty sickening article.
“bullet” Give me Cognitive Liberty by Salim Muwakkil in In These Times.

Psychoactive drugs offer access to varied states of consciousness; restriction of this access is a fundamental form of repression. Consequently, the “war on drugs” is not just a campaign against the use of certain substances; it’s also an attack on “cognitive liberty,” or the right to control individual consciousness. […]

By labeling this civil rights battle a “war on drugs,” Boire argues, the government is trying “to redirect attention away from what lies at ground zero of the war — each individual’s fundamental right to control his or her own consciousness.”

One of the most significant aspects of this war, he suggests, is the demonization of “entheogenic” (which means generating the divine within) substances thought to facilitate sacred experiences.

Probably not the most effective argument to use when debating your local prohibitionist, but an Interesting article with some points worth discussing.

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Ethan Nadelmann in the Scotsman

Ethan wrote an OPED last week in the Scotsman that’s worth reading: Don’t Follow Us into a Disastrous War on Drugs
With some pressure in the UK for government to revert cannabis to class B (harsher penalties), Ethan uses the United States as a prime example of how idiotic that would be.
It’s an interesting read — nothing particularly new to us, but good background for Europeans on how stupid we are about drug policy in the U.S.
I particularly liked this quote (a good one to use when talking to those who fear that legalization will somehow turn society into a drug-free-for-all):

The bottom line is that there is a way to take cannabis out of the black market – that is to tax it, control it and regulate it. The government pretends that prohibition represents the ultimate form of regulation when in fact prohibition represents the abdication of regulation. That essentially leaves drugs in the hands of criminals. [emphasis added]
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We get a visit from a prosecutor

An Assistant District Attorney from New York stopped by Drug WarRant and dropped a comment on the item below:

I think that unfortunately these “life sentences” we hear so much about are blown completely out of proportion by people who have some sort of agenda to advance. There’s some detail at http://thepeopleareready.blogspot.com/2005/10/if-you-cant-do-time.html although I find that a lot of people don’t want to hear the truth.
[Sure, I’ll give his new blog the free plug.]

Um, yes, I have an agenda I wish to advance. I’ve been fairly clear about that. I want to end the ineffective and destructive drug war that’s been waged against the American people and find alternativess to a prohibition scheme that increases black market profits and encourages corruption in government. However, I’m not sure about this notion of life sentences being “blown completely out of proportion.”
The Garrison Keillor post referenced noted: “As a result, a marijuana grower can land in prison for life without parole while a murderer might be in for eight years.” How is that blown out of proportion? It doesn’t say that all or most drug infractions are life sentences, but it says that it’s possible. That’s the truth, and it’s a horrific travesty. I don’t care if nobody gets a life sentence — the fact that such a sentence is even on the books for growing a relatively harmless plant is morally and intellectually wrong and should be clear to anyone with half a brain.
Our prosecutor, in the post on his website, oddly complains about people over-generalizing from limited examples and then goes and attempts to counter by using only one anecdotal case.
I have never indicated that most people get life sentences, or even double-digit sentences, but the numbers show that we are incarcerating a ton of people for a very long time for drug offences. Why is it that over half of federal inmates and more than 20% of state inmates are in for drug offences? This is appalling. In New York, it’s worse than the average for the other states — in 1980, 11% of those in prison were for drug felonies; in 2003, it was 38%.
Interestingly, in his attempt to show that the drug laws are not excessive, our prosecutor notes:

An example from one of my own cases, one of the first A-I felony drug sales I prosecuted involved a man who was fairly low on the totem pole, and unfortunately didn’t really have any useful to information to share. He was permitted to plead to an A-II, was sentenced to three years to life, and was out of jail in six months. Six months you ask? How’s that possible? In New York State, non-violent offenders up to a certain age (I believe it’s recently been raised to 46 years old), can enter a program called “shock incarceration”, which is similar to the boot camp programs you hear about sometimes. If successful, they can be out of prison in six months.

So our evidence that drug sentences are not that harsh is that someone who was low on the totem pole was allowed by our compassionate prosecutor to plead down to 3 years to life, and because he was eligible, could participate in shock incarceration to get out earlier.
Whoever, you are, The People, we welcome you to the debate, and hope to hear more from you.
A final note: The title of your post is “If you can’t do the time…” — a nice nod to the old Baretta show, but really irrelevant. The question is not whether people can do the time, but whether the time makes any sense at all.

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Democrats Fled in the Face of Danger

Garrison Keillor takes his own party to task:

We Democrats are at our worst when we try to emulate Republicans as we did in signing onto the “war” on drugs that has ruined so many young lives.

The cruelty of the Sentencing Reform Act of 1984 is stark indeed, as are the sentencing guidelines that impose mandatory minimum sentences for minor drug possession — guidelines in the 1986 Anti-Drug Abuse Act that sailed through Congress without benefit of public hearings, drafted before an election by Democrats afraid to be labeled “soft on drugs.” As a result, a marijuana grower can land in prison for life without parole while a murderer might be in for eight years.

No rational person can defend this; it is a Dostoevskian nightmare and it exists only because politicians fled in the face of danger.

That includes Bill Clinton, under whose administration the prosecution of Americans for marijuana went up hugely, so that now there are more folks in prison for marijuana than for violent crimes. More than for manslaughter or rape. This only makes sense in the fantasy world of Washington, where perception counts for more than reality.

To an old Democrat, who takes a ground view of politics — What is the actual effect of this action on the lives of real people? — it is a foul tragedy that makes you feel guilty about enjoying your freedom.

This is a message that Democrats need to hear and heed.

[Thanks, jackl]

(Note: The 1986 Anti-Drug Abuse Act passed the House 392-16 and the Senate 97-2)

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A small piece of good news in the war on pain patients

Thanks to Adam, (and I see that Libby at Last One Speaks has already covered this, but it’s important) —
The Washington Post reported yesterday that the DEA has been stripped of one of its roles:

A House-Senate conference committee yesterday dropped a controversial provision that gave the Drug Enforcement Administration authority to review, and potentially block, the sale of all new prescription narcotics.

The legislation, promoted by Rep. Frank R. Wolf (R-Va.) and attached to a multi-department appropriations bill, passed last year with little notice. But this year the Food and Drug Administration, many drug makers and doctors who treat pain patients objected to renewing it, and the provision was stripped from the bill.

Opponents said the provision was an unwarranted intrusion by a law enforcement agency into the FDA’s drug-review system. Pain specialists also said the DEA reviews could jeopardize development of new drugs needed by patients with chronic pain.

Are people waking up? Realizing that the DEA has no business inserting itself in medical issues? I give a significant amount of credit for this to Radley Balko and others who have been reaching a lot of decision makers with their articles about the DEA’s abuses.
(Of course, there are still a lot of roles that we need to strip from the DEA.)

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A new blog!

Check out the brand new group blog: DARE Generation Diary (another fine effort from SSDP)
An outstanding group of contributors from a wonderful organization. I expect great things. (The pressure’s on, Tom).

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