Punishing the Poor

Nice editorial in the Providence Journal about the HEA financial aid provision.

We have many misgivings about the so-called war on drugs. But as long as it is being prosecuted, it should not hurt the drug-taking poor more than the drug-taking rich. Almost every statistic on the subject says that this is the case.

One of the most sordid examples of the unequal treatment is the law that withdraws federal financial aid from students with drug convictions. Because such aid goes mainly to low-income students, the law hits them far harder than their well-to-do classmates. Aid has so far been pulled from 175,000 students, no doubt ending a college education for many people who needed it.

The editorial also stuck it to the politicians who turned their backs on it.

It disappoints us that Rhode Island Sen. Jack Reed, a member of the committee that marked up the Senate bill, did not respond to pleas (by, among others, University of Rhode Island President Robert Carothers and Brown University President Ruth Simmons) to try to kill the drug provision.

Massachusetts Congressman Barney Frank has proposed a stand-alone bill that would repeal the law. It has 70 House co-sponsors, but Rhode Island’s James Langevin and Patrick Kennedy are not among them. (Ironically, Mr. Kennedy made news as a teenager for having received treatment for cocaine use; he was not, of course, denied a college education because of it.)

Perhaps Rhode Island’s Sen. Lincoln Chafee, who admitted to cocaine use while a student at Brown, would like to step forward and denounce drug penalties that single out lower-income students.

Any courage out there?

That’s what we need to see more of — political cost for supporting (or failing to change) stupid drug war laws.

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U.S. captures terrorist Steve Tuck

Well, we haven’t gotten Osama yet, but the federal government has Steve Tuck in custody.
What can I tell you about this terrorist? I didn’t know much about him until recently (and what I do know is still a bit sketchy).
Steve Tuck served in the US military, and while part of the military, his parachute failed to properly open. Miraculously, he didn’t die.
He did, however, have 13 back surgeries and a metal plate inserted in his lower back. The pain requires high doses of morphine, which can be reduced somewhat by the use of marijuana.
But then he turned terrorist. What did he do? He helped supply medical marijuana to sick people in California! Well, federal agents were on the ball and swarmed down on him, but he was able to sneak past their net and across the border (to Canada).
In Canada, Steve got involved in medical marijuana activism. This, combined with his bold move of actually smoking pot in a marijuana club in front of our Drug Czar. This apparently caused the feds to make Steve Tuck one of the most wanted, probably just behind that #2 Al Queda operative they keep catching.
So they infiltrated the weak Canadian police and grabbed Steve. He now is in the United States, in custody, denied morphine and medical care. Just like a terrorist.
MarijuanaNews.com is the place to follow his story. (More here.)

[Thanks to Scott]
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FBI radical idea: consider ‘whole person’ in hiring

Via Cannabis News:

Washington, D.C. — The FBI, famous for its straight-laced crime-fighting image, is considering whether to relax its hiring rules over how often applicants could have used marijuana or other illegal drugs earlier in life.

Some senior FBI managers have been deeply frustrated that they could not hire applicants who acknowledged occasional marijuana use in college, but in some cases already perform top-secret work at other government agencies, such as the CIA or State Department.

That’s right. By eliminating marijuana smokers, you’re dumbing down the FBI! And of course it’s true. Almost 50% of the U.S. population has tried pot. That’s a huge reduction in your hiring pool.

The new FBI proposal would judge applicants based on their “whole person” rather than limiting drug-related experiences to an arbitrary number.

You mean you’d use actual decision-making in your hiring and find the best person for the job? What a concept! Except, that’s how I’ve always hired people. I didn’t realize I was so far ahead of the field. Maybe it would work in other areas.

Private companies have wrestled with the same problem. Employers complain they can’t afford to turn away applicants because of marijuana use that ended years earlier, said Robert Drusendahl, owner of The Pre-Check Co. in Cleveland, which performs background employment checks for private companies.

“The point is, they can’t fill those spots,” Drusendahl said. “This is a microcosm of what’s happening outside in the rest of the world.

Yep, it’s getting difficult to keep up with that zero tolerance stuff and still have a competent work force.

“I don’t think you could find anybody who hasn’t tried marijuana, and I take a lot of credit for that,” said Tommy Chong, the comedian whose films with Cheech Marin provided over-the-top portrayals of marijuana culture during the 1980s. “They’re going to have to change their policy.”

Thank you, Tommy.

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French embarrassed by science

Thanks to Tim Meehan. Info at Drug Sense

A major new French study of drugs and driving concludes that cannabis poses a much lesser risk of fatal accidents than alcohol, according to a report in the journal LibÚration. The study is deeply embarrassing to the French government, which passed a “zero-tolerance” law against driving under the influence of marijuana before results of the study were available. This is just the latest in a long line of studies indicating that marijuana is a lesser hazard than alcohol on the road, and that zero-tolerance standards for marijuana DUI are unjustified.

Here’s the article in French and the study.
While we can laugh at the embarrassment of the French in this case, we’re quickly sobered by the fact that the U.S. government in this situation would simply ignore the study and pretend that it didn’t exist, or, if confronted, claim that the study was meaningless.
Every major study (here are some more) has shown that driving under the influence of marijuana (while not recommended) is far less dangerous than many other influences (including alcohol or fatigue).
Politicians who call for zero-tolerance driving laws (which usually include positive tests from having smoked pot in recent days) have absolutely no interest in safety. They just want to have another way to punish people who use marijuana responsibly. And to do so, they want to re-direct police resources that could be used to target impaired drivers.
That’s not embarrassing. That’s deplorable.

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Thanks

A big thanks to Mark for “This is Burning Man” from my Amazon wish list! I hope to go someday, but in the meantime I’ll enjoy Brian Doherty’s book.

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Cannabis leads to criminality?

This is just silly. Via the always excellent >Drug Sense Weekly: Cannabis Smoking Leads To Criminality, Judge Tells Arsonist

A judge issued a warning about what he believes to be a clear link between cannabis and crime when jailing a drug user.

Judge Anthony Niblett told an arsonist who had set fire to his former girlfriend’s house while under the influence of the drug: “Those whose minds are steeped in cannabis are capable of quite extraordinary criminality.”

Well, what exactly was the evidence that led the judge to this remarkable conclusion? Check this out:

[West] had set light to [his girlfriend’s] house in a rage fuelled by cannabis and vodka, the court was told.

West, from Cowfold, West Sussex, was a heavy cannabis smoker and also used heroin, cocaine and crack. Lisa Williams, his former partner, told police that West had become increasingly moody and aggressive in the weeks before the attack. On the night of the arson he suddenly punched her and said he was going to burn down the house with all of them inside.

I’m used to the idea that people automatically assume that if anybody uses pot and also does something bad that it’s the fault of the pot and not the person. But to single pot out of that laundry list of problems above is just irresponsibly stupid.

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Gonzales v. Oregon

Casey gently reminded me today that I hadn’t talked about Gonzales v. Oregon.
[For those unaware of the case: Oregon passed a law allowing physicians, at the request of terminally ill patients in certain circumstances, to prescribe a specific drug mix that would allow them to peacefully die. Attorney General John Ashcroft stepped in and said that if any doctors did so, he would revoke their license to handle drugs listed in the Federal Controlled Substances Act. The State of Oregon appealed to the Supreme Court. This is a case that involves both the reach of the CSA and also states’ rights and commerce clause issues. Oral arguments were heard last week.]
I haven’t talked about it much recently because, quite frankly, I put quite a lot of effort and anticipation into Raich, and even though I knew the odds were likely against my prediction, it was a bitter disappointment when SCOTUS ruled against us. I’m not prepared to get that attached to Gonzales v. Oregon.
I do think it’s an important case (particularly as it relates to the CSA and states’ rights), and I hope Oregon wins (Radley Balko’s view on the subject is close to mine). But in general, I’m mostly interested in waiting until the decision and analyzing the votes and opinions. This is the first case heard by new Chief Justice John Roberts, and his opinion in the case may say a lot about what we can expect from him in the future (early reports are not good based on his questioning — Tom Goldstein notes that “the federalism ‘revolution’ was actually more of a ‘petty insurrection’ and George Bush has now officially put it down with the change from WHR to JGR.”)
Oregon is not the same as Raich, and there is some reason to believe that Oregon may prevail. Most reliable predictions I’ve seen, put it at a slight win for Oregon, or a 4-4 tie if O’Connor leaves before the decision.
A nice overview of the oral arguments is presented in They’re Dying in Oregon
Should the Supreme Court save them?
by Emily Bazelon in Slate.
It shows just how tricky the case is and both attorneys were dancing around some nasty potholes. At one point, the government’s attorney Paul Clement tried to bring in Raich, noting that the Supreme Court ruled last term that states didn’t have the authority to prescribe marijuana.

Then Ginsburg snatches the lifeboat away. “But Congress said when it made a drug Schedule I, ‘No. Never,’ ” she says. “With Schedule II, it’s OK with a doctor’s prescription.” Marijuana is definitely Schedule I. If Clement loses, this exchange will probably be why. The drugs that doctors prescribe to assist suicide are legal. Marijuana is illegal. The attorney general who is trying to nab Oregon doctors with a law that says nothing about assisted suicide is one executive appointee. Congress that passed a law explicitly criminalizing pot is the whole elected legislature.

And this is the point where I don’t know if I should laugh or cry. It may end up that states can prescribe lethal drugs because the federal government has classified them less “bad” than marijuana. If Oregon succeeds, then our government will have determined that states do not have the right to save lives (with pot), but they can end them (with Schedule II drugs).
Excuse me while my head explodes.
This does, however, emphasize the importance of drug policy reformers continuing the fight to get marijuana re-scheduled (Once marijuana is no longer Schedule I, Raich becomes essentially irrelevant, and Oregon may become a partial precedent for deciding future medical marijuana cases.)
And another important point. We cannot depend on the Supreme Court to do our work for us. Raich taught us that. It would have been easier if SCOTUS had told the executive and legislature that we have rights. But remember that SCOTUS didn’t make the laws or go after medical marijuana patients. If it wasn’t for legislators and administrations tossing away the constitution in their quest for power over us, there would’t have been a Raich or Oregon.
We need to work to change those who make and enforce the laws (and we can — more on that later), as well as continuing the pressure on federal agencies.
For more detailed analyses of Gonzales v. Oregon, see these at SCOTUS blog by Tom Goldstein and Lyle Denniston. Also read Does Pot Lead to Suicide for Supreme Court Justices? Vague Commerce Clause precedents give free rein to personal preferences. by Jacob Sullum.

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Keep an eye on Alabama

Remember that Loretta Nall has announced that she’s running for Governor of Alabama? Well, I know some of you are saying, “Yeah, but it’s not like she has a chance or anything — and the press will just dismiss her as some hippy pothead.”
Not so fast.
While it’s true that her chances of winning are slim, there’s a really good chance that she could get some real visibility. And as far as being considered a wacko fringe candidate? Not a chance, standing next to Judge Roy Moore (of Ten Commandments fame, seen here autographing his new book“) and soon-to-be-indicted Don Siegelman.
This race is going to bring out the press for the entertainment value alone.
It’s going to be worth watching, and supporting.

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Stupid media

Check out the beginning of this AP article:

PUERTO ARTURO, Colombia – Cocaine is killing the great nature parks of Colombia.

Government spraying of coca plant killer is driving growers and traffickers out of their usual territory into national parks where spraying is banned. Here they are burning thousands of acres of virgin rain forest and poisoning rivers with chemicals.

Now the government faces a painful dilemma: to spray weedkiller would be devastating, but the impact of coca-growing is increasingly destructive. The question is, which is worse?

What’s wrong with this article?
First, the statement “Cocaine is killing the great nature parks of Colombia.” No. Drug traffickers are destroying the parks, not cocaine. And why? Because the eradication program has pushed them to these locations.
Now this doesn’t in any way excuse the actions of the traffickers, or make what they do right. But it doesn’t take a rocket scientist to figure out this would happen. A child could tell you. It’s the traffickers fault that the parks are being destroyed, but we could have prevented it if we didn’t blindly follow the god of prohibition.
Now let’s take a look at another part of that quote:

Now the government faces a painful dilemma: to spray weedkiller would be devastating, but the impact of coca-growing is increasingly destructive. The question is, which is worse?

Here AP invents a fantasy set of alternatives. In the author’s mind, there are two options:

  1. Have plentiful cocaine, or
  2. Spray destructive weed-killer

But those alternatives don’t actually exist. Years of “eradication” have shown that there has been no impact on cocaine availability. So in actuality, the alternatives are:

  1. Have plentiful cocaine or
  2. Spray destructive weed-killer and have plentiful cocaine

Now which one makes more sense?
On Sunday, US Ambassador William Wood urged Colombia to spray weed killer in the parks. No surprise there. If we don’t care about the lives of the farmers and their crops and ecosystem, why should we care about…

Colombia is home to about 15 percent of all the world’s plant species and one of its most diverse arrays of amphibians, mammals and birds. Dozens of species that populate its jungles and Andes mountains exist nowhere else on the planet. One of the richest is the Sierra Macarena National Park, where monkeys clamber across the jungle canopy and big cats prowl.

First we create a set of conditions that encourage traffickers to damage the parks. Then we go in and finish the job with weed killer.
Aren’t we the smart ones.

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Drug War not helpful in Terrorism Fight

Interesting analysis in the Bangkok Post regarding terrorism and Southeast Asia includes this bit:

Thailand faces a hard fix in the South because trust of the government has nose-dived since the bloody anti-drug campaign that summarily denied 2,500 living, breathing Thai citizens of the most important human right: the right to life itself.

There is considerable anecdotal evidence that the ill-conceived drug war in 2003 was used to terrify and settle scores, and nowhere more dangerously so than in southern Thailand, which erupted into open rebellion shortly afterwards.

While the links between the drug war and the subsequent anti-state violence in the South are not clear, further examination might shed light on how law and order led to such anarchy and chaos.

Yeah, I’d like to see some further examination, too.

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