Mark A.R. Kleiman, drug policy expert with a blind spot you could drive a truck through

Mark Kleiman is one of the oddballs in the world of drug policy reform. He’s well-educated, has done extensive research in the field and is often able to articulate major failings in the drug war. However, whenever it comes to alternatives to our current drug policy disasters, his brain appears to shut down completely, often causing bizarre statements that he cannot and will not support or defend.
It’s the blind spot.
He intellectually knows that the drug war doesn’t work, but for a variety of reasons (apparently including personal animosity toward certain historical drug policy reformers, and some kind of family-based moral block that interferes with intellectual discussion of legalization options), he continues to push a belief that in some unspecified way, we can “make prohibition work.”
Some examples:
1. Last year, Mark wrote a report on drug dealing, drug control, and terrorism. Lots of good information, but check out this wild set of assumptions in his post:

… Therefore, if terrorism were the only thing we cared about, we probably ought to legalize cocaine.

However, since it isn’t — since we also care about the damage long-term, heavy cocaine users do to themselves, and since the number of long-term, heavy cocaine users would likely soar under legalization on the alcohol model — the question becomes whether the gains in terrorism control, added to the gains in reduced domestic crime, law enforcement costs, and incarceration levels, are enough to counterbalance the losses on the addiction side.

My judgment is that a world with legal cocaine would probably be, on balance, somewhat worse than a world without it.

He had absolutely no support for the soaring increase in abuse and even then did not address how that could possibly counter all the negatives of the drug war. I blow lots of holes in his post here.

2. Mark often attacks drug policy reformers as not caring about sick people when it comes to medical marijuana, and backs it up with… absolutely nothing. He’ll detail at length all the problems in the government’s approval processes and then rail at reformers for not going through the government’s approval processes. Somehow, he believes that trying another way is selfish, and that providing medical marijuana through referendum is damaging to sick people (for no apparent reason), and if reformers really cared about sick people, they’d make them suffer and die while waiting for the government to approve it. When challenged on such outrageous and false statements, he doesn’t even allow his response to be printed.

3. Now we have Kleiman’s recent (and extremely bizarre) response to John Tierney’s excellent piece about the DEA’s war on pain doctors.
Mark had already made known his approval of the administration’s plan to go after medical drug diversion over a year ago. I had expressed my concernes at that time that such an effort could “increase the pressure on doctors to be more conservative with pain medication — at the expense of patients’ health and lives” (boy, did I understate it!)
Clearly Mark was wrong, but is unwilling to actually look at the facts, so he resorts to irrelevant and strange statements (like the fact that Tierney’s lack of mentioning Limbaugh made him sound like Limbaugh’s defense attorney?!)
When Tierney notes, with specific data, that the OxyContin fears of huge numbers of people are mostly hype, and, get this, Mark counters by calling it “statistical mumbo-jumbo” and shows his trump card: anecdotal evidence of individual cases of people damaged by drugs, some of which may be OxyContin.
Kleiman keeps banging the drum of ‘making prohibition work’ by stating how important it is to stop drug diversion. Again, the blind spot makes it impossible for him to discuss how much additional pain legitimate patients should suffer in order to achieve some unknown benefit from diversion reduction. The blind spot also fails to note the clear connection between diversion enforcement and things like meth labs.
As Radley Balko notes (see his entire post – it’s excellent), Kleiman also accuses Tierney of calling DEA agents cowards, something that might be a concern if Tierney had actually done it. What Tierney did was criticize policy. So in this case, Mark owes Tierney an apology.
It’s not the first time I’ve legitimately noted that Mark Kleiman owes someone an apology. I don’t expect to see it — Mark’s blind spot won’t let it happen.
It won’t be the last, either.

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My show opened

Well, I’m back from opening weekend of my show: The Living Canvas at Victory Gardens Theater in Chicago. Great opening and I’m exhausted, but feel quite pleased with the show (please come see it if you’re in the city).
I’ll be heading back up to Chicago every weekend to run the show, but in-between I’ll try to catch up with the drug war here. Thanks to everyone who sent encouraging notes and who continue to send great tips.
I won’t be able to get to it all, but I’ll get what I can.

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Nice tunnel

Link
Where’s Colonel Hogan when you need him?

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Walters is SO full of it!

Over on the Drug Czar’s “blog” is this dramatic statement:

On Tuesday, July 19th, attempts to legalize medical marijuana failed for the second time in Iowa City, IA. The City Council ruled against the legalization of marijuana for medical use initiative to be put on the November 8th ballot. Iowa City is the latest of many cities that have taken a stance against medical marijuana and deemed it unsafe as medication. [emphasis added]

Um, no.

On Tuesday night, the Iowa City City Council ruled there weren’t enough legitimate signatures to allow an initiative onto the November 8th ballot.

I read the entire article, but didn’t see anyone from Iowa City say:
“Yeah, we re-counted and you’re short a few signatures, so I guess that means that medical marijuana is unsafe…”
John Walters, perennial wanker.

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2005 Truth Report is out

Speaking of NORML, they’ve come out with “The 2005 NORML Truth Report: Your Government Is
Lying To You (Again) About Marijuana,” — a detailed analysis and refutation
of the White House’s more prominent allegations regarding marijuana and
marijuana policy. (HTML version or pdf version)
It’s a good read, and a good report to give to your local press so they’re prepared with some real facts.
If anything, the report bends over backwards to be cautious in making sure every refutation it gives is backed up with hard evidence. The truth, I believe is even further away from the government’s position in most cases, but I understand NORML’s desire to be the one in the debate that is clearly not pushing propaganda.

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U.S. District Court rules federal agents may spit on state laws and court orders

Another reason to dissolve all multi-jurisdictional drug task forces. They are not accountable to local or state authority.
You may recall me talking some time back about the case of Don Nord, in Denver. Arrested, yet turned out to have valid medical marijuana certification, and merely wanted his marijuana paraphernalia returned.
Here’s my recap from a year and a half ago:

  1. GRAMNET – the Grand, Routt and Moffat Narcotics Enforcement Team (which included a DEA agent) raided a Hayden, Colorado home in mid-October.
  2. They seize some marijuana and some pipes.
  3. It turns out Don Nord is a medical marijuana user and that was his medicine (legal in Colorado).
  4. No charges are filed against Nord, and the judge orders the pipes and 2 ounces of marijuana returned for his medical use.
  5. The officers had given the marijuana to the DEA, and the DEA refused to return it.
  6. The judge cited the officers for contempt and directed them to appear in court at 1:30 pm February 2 “to show why they should not be punished for defying the court order.”
  7. The U.S. Attorney’s office is using taxpayer money and sending lawyers to defend the DEA agent against the contempt citation… and now
  8. The U.S. Attorney’s office is trying to get the case moved to federal court and contempt charges dropped.

Well, guess what?
According to NORML:

Denver, CO: A US District Court judge ruled yesterday that federal law
enforcement officers cannot be held in contempt for failing to follow a
state judge’s order to return medical cannabis and grow equipment seized
from a state-licensed patient.

“I find that (the agents) were performing acts that were authorized or
that they reasonably believed were authorized by valid federal law,” US
District Court Judge Walker Miller decided.

Just say NO to the involvement of federal drug agents in your local affairs.

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Possible jury nullification attempt?

Interesting.
Read the details of this case. An 18-year-old faces a controversial “school-zone” mandatory prison term for selling pot. (The Massachussetts “school-zones” cover just about everything.)
The defense attorney apparently raised enough questions about entrapment and that the severity of the sentence was extreme, that the jury deadlocked and a mistrial was declared.
Pay attention to this, folks. We may see a whole lot more of this in the future.
If the Supreme Court continues to rule against the individual (I don’t know enough about nominee Roberts yet to have a strong opinion, but I was concerned to hear that he had a record that showed deference to the powers of the administration), and if the legislature continues to ignore the will of their consitutents as it relates to drug policy, and if the administration continues to enjoy waging war against its own citizens, then eventually, the citizens will have to take charge of justice themselves. And they have that ability, that right — in fact, that responsibility — in the jury box.

[Thanks to Herb]
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Still time to fight to repeal the HEA financial aid provision

The debate in committee has spilled over to today, so you can still call if you’re in one of the districts listed below.
The New York Times came out with a dynamite editorial on the subject:

One of the most irrational initiatives in the war on crime was a decision by Congress in the 1990’s to cut off some ex-offenders from federal education aid. It’s highly unlikely that anyone has been deterred from lawbreaking as a result. But if people who have paid their debts to society and are seeking new starts are denied education aid, they could well be locked out of the new economy and sent right back through the revolving door into prison.

Congress is revisiting a particularly onerous law under which tens of thousands of students have been turned down for federal grants and loans because of drug offenses, some of them minor and as much as a decade old. A proposed change in the law would improve the picture slightly. It is aimed at penalizing students who commit drug-related crimes while receiving federal aid. It would be better to repeal the provision entirely, as many observers have suggested.

Law enforcement officials have learned over and over again that ex-offenders who get an education and find jobs are far less likely to end up back behind bars. Barring former offenders from school aid makes it virtually impossible for them to get the necessary schooling for joining the mainstream. The law has a disproportionate impact on poor and minority communities, where the drug trade is rampant and young men often have run-ins with the law before they get their lives on track.

By narrowing access to affordable education, the federal government further diminishes the prospects of young people who are already at risk of becoming lifetime burdens to society. Members of Congress are understandably hesitant to cast votes that might brand them as being “soft on crime.” But it doesn’t take a genius to see that barring young offenders from college leads to more crime – not less. Student aid was never intended for use as a law enforcement weapon. Any attempt to employ it that way will inevitably yield perverse and unfair results.

They’re exactly right on this one. Great editorial.
One of the things that’s bugged me about this whole issue is the irrelevant mean-spiritedness of people like Souder.
Take this comment by his spokesperson:

“Students who receive taxpayer dollars to go to college are not making the most of it by taking drugs,” Green said. “It’s one thing if they’re paying for their education or if their parents are paying for it, but it’s unfair to ask taxpayers to foot the bill for a student with a drug habit.”

First, this is not about students with a drug habit — it’s about students who were caught smoking a joint.
Second, this provision does absolutely nothing to insure that students are “making the most of it.” I know students who smoke pot regularly who get straight A’s and are leaders on campus. On the other hand, I know students who waste their time getting drunk, playing computer games, or watching “All My Children” who are struggling with their classwork.
Federal financial aid already has an effective provision to make sure students are getting the most out of college. It’s called grades. If your GPA falls below a certain point, you lose your financial aid, regardless of whether it’s because you’re smoking pot, or watching the Cartoon Network all day.
The HEA provision is wrong, and counter-productive, and I hope it’s completely repealed.

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The government wants you to suffer

Radley Balko at The Agitator has been all over the DEA’s war on pain doctors. Here he has correspondence from doctors who have been targeted.
There are two other must-read articles on this subject:

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HEA drug provision repeal – committee vote tomorrow

Via DRCNet:

On Tuesday, July 19, the U.S. House Committee on Education and the Workforce will be voting on H.R. 609, the College Access and Opportunity Act of 2005. Rep. Rob Andrews (D-NJ) will introduce a crucial amendment to H.R. 609 that would repeal the federal ban on financial aid for students with drug convictions. If passed, the Andrews amendment would fully repeal the HEA Drug Provision, which has denied aid to more than 160,500 students since taking effect in 2000.

This is the second time in seven years and the first since May 2000 that a House committee will be forced to reconsider the law. Other proposals have suggested that the law only be scaled back, meaning thousands of students would still lose their financial aid. If your member of Congress is on the Committee for Education and the Workforce, please call him or her today! Members, the areas they represent, and their phone numbers are all listed below.

Education and the Workforce:
Republican Members (27)

  • John, A. Boehner, 8th-OH (Westchester/Troy Area) 202-225-6205
  • Thomas E. Petri, 6th-WI (Fond du Lac/Oshkosh Area) 202-225-2476
  • Howard P. “Buck” McKeon, 25th-CA (Santa Clarita/Palmdale Area) 202-225-1956
  • Michael N. Castle, At Large-DE 202-225-4165
  • Sam Johnson, 3rd-TX (Richardson Area) 202-225-4201
  • Mark E. Souder, 3rd-IN (Fort Wayne Area) 202-225-4436
  • Charlie Norwood, 9th-GA (Augusta/Toccoa Area) 202-225-4101
  • Vernon J. Ehlers, 3rd-MI (Grand Rapids Area) 202-225-3831
  • Judy Biggert, 13th-IL (Willowbrook Area) 202-225-3515
  • Todd Russell Platts, 19th-PA (York/Carlisle/Gettysburg Area) 202-225-5836
  • Patrick J. Tiberi, 12th-OH (Columbus Area) 202-225-5355
  • Ric Keller, 8th-FL (Orlando/Eustis/Ocala Area) 202-225-2176
  • Tom Osborne, 3rd-NE (Grand Island/Scottsbluff/Kearney/McCook Area) 202-225-6435
  • Joe Wilson, 2nd-SC (Beaufort/West Columbia) 202-225-2452
  • Jon C. Porter, 3rd-NV (Henderson Area) 202-225-3252
  • John Kline, 2nd-MN (Burnsville Area) 202-225-2271
  • Marilyn N. Musgrave, 4th-CO (Loveland/Sterlin/Greeley/Longmont Area) 202-225-4676
  • Bob Inglis, 4th-SC (Greenville/Spartanburg/Union Area) 202-225-6030
  • Cathy McMorris, 5th-WA (Spokane.Colville.Walla Walla Area) 202-225-2006
  • Kenny Marchant, 24th-TX (Irving Area) 202-225-6605
  • Tom Price, 6th-GA (Marietta Area) 202-225-4501
  • Luis G. Fortuöo, At Large-PR 202-225-2615
  • Bobby Jindal, 1st-LA (Metairie Area) 202-225-3015
  • Charles W. Boustany, Jr., 7th-LA (Lafayette Area) 202-225-2031
  • Virginia Foxx, 5th-NC (Clemmons Area) 202-225-2071
  • Thelma D. Drake, 2nd-VA (Virginia Beach/Accomac Area) 202-225-4215
  • John R. “Randy” Kuhl, Jr., 29th-NY (Corning Area) 202-225-3161

Democrat Members (22)

  • George Miller, 7th-CA (Concord/Richmond/Vallejo Area) 202-228-2095
  • Dale E. Kildee, 5th-MI (Flint/Saginaw/Bay City Area) 202-225-3611
  • Major R. Owens, 11th-NY (Brooklyn Area) 202-225-6231
  • Donald M. Payne, 10th-NJ (Newark/Elizabeth/Jersey City Area) 202-225-3436
  • Robert E. Andrews, 1st-NJ (Haddon Heights/Woodbury Area) 202-225-6501
  • Robert C. Scott, 3rd-VA (Newport News/Richmond Area) 202-225-8351
  • Lynn C. Woolsey, 6th-CA (Santa Rosa/San Rafael Area) 202-225-5161
  • RubÚn Hinojosa, 15th-TX (McAllen/Beeville Area) 202-225-2531
  • Carolyn McCarthy, 4th-NY (Garden City Area) 202-225-5516
  • John F. Tierney, 6th-MA (Peabody/Lynn Area) 202-225-8020
  • Ron Kind, 3rd-WI (LaCrosse/Eau Claire Area) 202-225-5506
  • Dennis J. Kucinich, 10th-OH (Lakewood/Parma Area) 202-225-5871
  • David Wu, 1st-OR (Portland Area) 202-225-0855
  • Rush D. Holt, 12th-NJ (West Windsor Area) 202-225-5801
  • Susan A. Davis, 53rd-CA (Sand Diego Area) 202-225-2040
  • Betty McCollum, 4th-MN (St. Paul Area) 202-225-6631
  • Danny K. Davis, 7th-IL (Chicago/Broadview Area) 202-225-5006
  • Raþl M. Grijalva, 7th-AZ (Tucson/Yuma Area) 202-225-2435
  • Chris Van Hollen, 8th-MD (Rockville/Mt. Rainier Area) 202-225-5341
  • Tim Ryan, 17th-OH (Youngstown/Warren/Akron Area) 202-225-5261
  • Timothy H. Bishop, 1st-NY (Coram/Southampton Area) 202-225-3826
  • John Barrow, 12th-GA (Athens Area) 202-225-2823

The wonderful folks at SSDP have been working extremely hard to get this bad law repealed completely. Help them out. If you are in the district of one of the representatives above, call them right now.
You can also use this Action Alert.

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