Drug WarRant

Drug Czar John Walters descended on the Illinois Legislature this morning to argue against Illinois’ medical marijuana bill in the Human Services Committee hearing.
It was a bit of a circus with about 120 in the audience with only 100 chairs — mostly supporters of the bill, but also such opponents as Judy Kreamer of Educating Voices and an entourage that she brought (including kids). The end result was unfortunately a 4-7 vote against moving the bill out of committee. We’ve got more work to do, but Illinois is definitely going to have a medical marijuana bill eventually.
Of course, there was tons of misrepresentation and some outright lying. There were also some incredible moments and testimony.
Here’s my report, giving an overview and selective moments (I got better pictures of the proponents because they were at the press conference afterward.)
John Walters: Walters started out by invoking Lincoln, no less, in an outrageous effort to cover the fact that he was invading Illinois. He talked about Lincoln’s statements about the importance of following the law and that failing to follow the law would be destruction from within — an offensive statement that implied that Illinois’ law would be a destruction of law.
He then said he was not here to “improperly influence legislation.” Right.
He talked the usual stuff — standards of efficacy and safety, always using the words “smoked marijuana,” essentially denying the existence of other methods of ingestion. He used his standard “well, crack cocaine would probably make you feel better, too” line, and inferred that medical marijuana supporters were trying to “fool [patients] into alleviating their problems” with marijuana. He talked about the IOM study from his perspective without mentioning the other parts. He mentioned Marinol.
Then he used his traditional big guns. He said that marijuana is the drug that most suffers from ignorance about it, mentioned that “it’s not your father’s marijuana.” Then the big lie. “More teenagers are seeking treatment for marijuana use than any other drug.” That is a complete fabrication. The teenagers are not seeking treatment — they’re being referred there by criminal justice and schools and such.
Anyway, he went on for about 45 minutes, along with answering some questions from committee members. One response that struck me, is that he was talking about all the new drugs that are being developed all the time that negate the need for medical marijuana, including some new derivatives of opium! Instead of marijuana, use opium???
Rep. Connie Howard came out with a strong statement in support of the bill, talking about the need to do something to deal with the pain, and brought up the point about Vioxx being approved by the FDA and causing deaths, so why was Walters talking about the only way to go being through the government process?
Representative Mary Flowers took Walters to task for his Lincoln quote, noting that he is addressing the body responsible for crafting the law and making the best possible laws and that process shouldn’t be considered a destruction of the law. Rep. Flowers also talked about the fact that many things can be abused — sugar, alcohol, etc. She mentioned that lots of people cannot take aspirin or other drugs, where marijuana might help, but with marijuana you have the danger of going to jail. She asked “How do you ask us to allow a dying person to suffer when there is another way that can be medically controlled?” “Can’t we carve out certain exceptions for medical use for certain people?”
Peter Bensinger: There was a momentary distraction during the Drug Czar’s presentation when Peter Bensinger’s cell phone went off. Peter Bensinger? Yes, the former head of the DEA was also there to testify, a doddering white haired old fool, who repeats himself and spouts absolute nonsense, including the “fact” that the bill that allows 12 marijuana plants and 2 1/2 ounces would somehow allow someone to have or produce 280,000 joints! I didn’t take many notes during his presentation (which was at the end) except “What a tool!”
Here he is, sitting next to Judy Kreamer, who seemed not only to be a close personal friend, but also to be there to make sure he didn’t drool.
Proponents of the Bill
By the time The Drug Czar was done, he had taken up so much time that the proponents were told to rush through their presentations. This made the following segments a bit disjointed.
Representative McKeon: Representative McKeon, who sponsored the bill mostly deferred to the other speakers, but jumped in now and then to focus on a point, and did a pretty good job in the press conference afterward.
Dr. Bruce Doblin: Dr. Doblin gave a good informational presentation, although a bit dry as he read from his paper. He mentioned that he works with hospice patients and that 50-70% of cancer patients do not receive sufficient pain medication. He also mentioned that studies from around the world supported medical marijuana (he specifically talked about the IOM study and the report from the New England Journal of Medicine).
Dr. Edward Lack: A Chicagoland area physician who has worked with 300,000 citizens, including 1,000 patients with cancer (very personable man). In 2002 he was diagnosed with cancer himself. He noted that one of the biggest problems that cancer sufferers face is the fact that chemotherapy is so horrible, that many of them don’t continue with the treatment that could save their lives. And yet marijuana makes it bearable. He noted that he could get marijuana easily from his son in college if he wished, but why should he have to do it that way. “Why are people so afraid of this plant that they would deny me relief?” “Do not put the fears of an ambivalent society on the backs of sick people.” He was asked a number of questions about details in the bill and replied that his job was to help the sick, and that it’s the legislators’ jobs to craft the bill.
Julie Falco: Wonderful testimony from a woman with multiple sclerosis who takes her marijuana cooked in brownies. She talked in detail about how it helped with her stiffness, pain, and even the excessive sensory stimulation that is part of MS. For more about her, read Steve Young’s excellent article in the Reader.

Julie Falco’s breaking the law, and she doesn’t care who knows it.æ Every morning, Falco isn’t ashamed to say, she eats a small marijuana brownie to deal with the effects of multiple sclerosis.æ

Every couple of weeks she bakes a new pan of brownies, each pan containing about 14 grams ( half an ounce ) of marijuana.æ According to Illinois law, possessing 10 to 30 grams of pot is a misdemeanor with a maximum penalty of a year in prison and a $2,500 fine.æ The law doesn’t make any distinctions for medical marijuana use.æ

Irvin Rosenfeld: This is the Ft. Lauderdale, FL stock broker who is one of the remaining 7 patients in the federal government’s compassionate marijuana program. (He appeared on Montel a while back.) He’s a dynamo, and it’s very impressive to see him show off his legal marijuana shipped to him by the federal government in tins — enough for 10-12 marijuana cigarettes a day. He talked about the fact that the government has specifically NOT been interested in studying him or the other 7 — that they don’t really care about the truth.
Very strong points – outstanding testifier. And the press really loved this guy and everyone was impressed by seeing the can full of marijuana cigarettes in the state capital. However, two State Capital police were unimpressed and detained Irv after the hearing until he could convince them (he had them call the DEA) that his marijuana was legal. Representative McKeon was livid over his treatment.
Matt Atwood: Finally, Matt Atwood testified, and he was there to provide the nuts and bolts and deal with the specifics of the bill, but unfortunately by this time nobody was listening, and he was being hurried through it, so he got a couple of good details out, but not enough.
Representative McKeon made it very clear at the press conference that happened at noon (the opponents didn’t stick around for it) — medical marijuana is not going away and it will be passed. Several of the Representatives who voted “no” did so while stating that they are sympathetic with the overall viewpoint, but merely disagreed with language or implementation. So there’s plenty of reason to hope. He also mentioned how impressed he was that the federal government was scared enough to send a cabinet official (drug czar) at taxpayer expense all the way to Illinois for a mere House hearing.
Walters’ appearance did appear a bit last minute. I kind of wondered — did my take-down of Andrea Barthwell make her damaged goods (she wasn’t there and was being kept up to speed by cell phone)? Maybe they had to call up the Czar at the last minute to come on down? That’s probably all it would take. After all, these people have this nice little incestuous network.
When Judy Kreamer of Educating Voices left the building, I overheard her remark that she hoped her car hadn’t been towed or ticketed. “Oh well,” she said, “if it is, I’ll just call John Walters — get an intercession.”

Reminder: 8:00 am. Human Services Committee Hearing. Stratton Building Room D-1. Springfield, IL. We’d love to have some supporters there (wear a suit and get there about 15 minutes early). There’s a bus coming from Chicago, leaving at 4 am. Contact me today and I’ll give you the number to arrange for taking the bus. If you’re coming from Bloomington-Normal, you can hitch a ride with me.
The Illinois Medical Cannabis Act (HB 407)æwas introduced in the House of Representatives on January 26 by Rep. Larry McKeon.æ

Creates the Medical Cannabis Act. Provides that a person who has been diagnosed by a physician as having a debilitating medical condition and the person’s primary caregiver may be issued a registry identification card by the Department of Human Services that permits the person or the person’s primary caregiver to legally possess no more than 12 cannabis plants and two and one-half ounces of usable cannabis. Provides that a person who possesses a registry identification card is not subject to arrest, prosecution, or penalty in any manner, or denial of any right or privilege, including civil penalty or disciplinary action by a professional licensing board, for the medical use of cannabis; provided that the qualifying patient or primary caregiver possesses an amount of cannabis that does not exceed 12 cannabis plants and two and one-half ounces of usable cannabis. Amends the Cannabis Control Act to make conforming changes consistent with the Medical Cannabis Act. Effective immediately.

Full text available here.

I’ve discussed at length my problems with the Supreme Court decision in Caballes (allowing suspicionless dog sniffs of cars), and the road that this decision could take us down. Even now, I understand that there’s a case from a few years ago regarding a suspicionless sniff of a home that may be brought to the Supreme Court (unfortunately I’ve lost the citation, but I think it was in Texas – the dog alerted at the garage, but the drugs were in a completely different part of the home).
Stopping this trend may require getting legislatures to act. Yes, I know that’s a tough sell, but, as Steve at Decrimwatch notes that Illinois Representative Monique Davis has filed a bill to hold the dogs back.

“In my opinion, this will lead to a police state,” Davis said, subjecting “innocent motorists, college students and especially people of color to the harassing, frightening and embarrassing experience of a dog search.”

Police need more evidence than “ear-piercing and dreadlocks” to pull a driver over and call in the dogs, she said. Davis cited protections in the U.S. and Illinois constitutions against searches and seizures that lack probable cause.

The bill is HB 1557:

Amends the Code of Criminal Procedure of 1963. Provides that a motor vehicle or the driver or passenger of a motor vehicle stopped on the basis of a violation or suspected violation of the Illinois Vehicle Code may not be subjected to an investigation or procedure involving a drug detecting canine or canine sniff in the absence of specific and articulable facts that support a reasonable belief that illegal drugs are present in the motor vehicle or upon the person of the driver or passenger of the motor vehicle.

Good one. Let’s pass it.

Switching to Washington…
Drug Warrior Mark Souder is holding a hearing in his pet subcommittee — The Committee on Criminal Justice, Drug Policy and Human Resources — titled: “Is There Such a Thing as Safe Drug Abuse?” Have you ever heard such a pre-judged title?
This is what passes for a legislative hearing in Washington. With Souder as chair, this will be just another opportunity to grandstand, and beat up on drug policy reformers, and probably call in resident liar Andrea Barthwell as an “expert” witness.
An appropriate topic would be “Is There Such a Thing as Safe Use of Currently Illegal Drugs?” with Jacob Sullum as one of the witnesses, but that’s not likely to happen.
The session will be at 2:30 Eastern and I don’t know if any of the C-Spans are going to cover it (I’ll be on the road then), but if anyone sees it, I’d love to hear from you.
Update: Apparently the purpose of this hearing is to attack the notion of “harm reduction.” Travesty. And Barthwell and Bensinger (former DEA head and compliant drug warrior) will be witnesses.

Not only has Andrea Barthwell been touring Illinois misleading people about the facts about medical marijuana, she has also claiming that her Illinois Marijuana Lectures were sponsored by Great Lakes Addiction Technology Transfer Center (GLATTC), an organization that “promotes state-of-the-art addiction science” and is funded through federal taxpayer dollars (through SAMHSA) and partners with such agencies as the Illinois Department of Human Services.
Well, that sponsorship turned out not to be true, either.
You can understand her desire to have such a group associated with the lecture series — it appears to lend scientific credence to what she’s saying.
But I was curious as to the appropriateness of using federal tax dollars to lobby against a medical marijuana bill in the state legislature (particularly on the heels of recent GAO findings that the Drug Czar’s office had engaged in illegal public relations activities), so I did some checking.
GLATTC is administered by the Jane Addams School of Social Work, which is part of the University of Illinois, Chicago. Here’s the response I got from the University of Illinois Legal Counsel’s office.

“Thank you for your interest, Mr. Guither. Your inquiry has been passed to me for review. The Great Lakes ATTC’s name was used in connection
with the lectures without UIC’s permission, and the persons involved
with the lectures have been so notified.”
[Note: I have not included here the name of the University Counsel or others I contacted at GLATTC, UIC, or elsewhere, because I didn’t think it was necessary. Quite frankly, the University is the one who was wronged here (along with the public), and they were quite forthcoming and prompt in responding to my inquiries. If there are members of the press who need a name to verify this information, please feel free to contact me directly.]

Now, before you say, “Oh, so she mistakenly added an extra name to her list of sponsors on her web site – that could be an honest mistake.”
No. In fact, other than Andrea Barthwell and Judy Kreamer (the lecture presenters) there’s only one co-sponsor: GLATTC. Check out the screen shot of the sponsor page (the web page itself should have GLATTC removed, but as of the time of this posting it had not).

And on the brochure/flyer: Note how GLATTC is shown as the sponsor both in text and in logo, and right near the text that talks about how the Illinois Marijuana Lectures is including lobbying efforts.

• Download the flyer at IllinoisMarijuanaLectures.com (pdf)
• If the first one has been corrected, you can download the original version of the flyer here (pdf)

A history of deception
Andrea Barthwell is a former Deputy Director of the Office of National Drug Control Policy, where her job was to oppose medical marijuana, regardless of the facts. The function of the ONDCP as charged by Congress was one of propaganda. In fact, the GAO said as much (pdf) in a reply to Representative Ron Paul who was complaining about incorrect information being disseminated by another Deputy Director:

“… while the Deputy Director’s statements pertaining to marijuana may be disputed by some with different viewpoints, they were made within the context of ONDCP’s statutory responsibilities, which include taking such actions as necessary to oppose efforts to legalize certain controlled substances such as marijuana. … Given this role, we do not see a need to examine the accuracy of the Deputy Director’s individual statements in detail.”

In other words, the ONDCP’s purpose includes lying. Not a good background for the credibility of Dr. Barthwell.
Clearly, I’m not the only one appalled by Dr. Barthwell’s deceptions. Today’s Sun Times has a letter from Representative Larry McKeon, sponsor of the Illinois medical marijuana bill.

As a legislator, I am used to political disagreements, and I enjoy a
healthy debate. But when a former White House official crisscrosses
our state, deliberately spreading misinformation about a proposal to
protect some of our most vulnerable citizens, that’s where I draw the
line. …

I welcome an honest debate about my medical marijuana bill, but let’s
base that debate on facts, not spin. Illinoisans deserve better than
Andrea Barthwell’s travelling con job.

And that’s what it is, folks — Andrea Barthwell’s travelling con job.
Representative McKeon also noted that Dr. Barthwell used “cruel hoax” to refer to medical marijuana. This is a phrase she uses all the time, and yet she is the one who is pushing the cruel hoax: by denying the tons of data supporting the medical benefits of marijuana, and trying to prevent sick and dying patients from following the recommendations of their doctor. And if that wasn’t cruel enough, she wants those sick people put in jail for daring to want to relieve their pain or nausea.
In addition to lying about the evidence regarding the efficacy of medical marijuana, Andrea Barthwell adds further deceptions about marijuana and its use. One of her favorite claims is that today’s pot is so much more potent it’s creating problems of addiction and dependency.

“She is just not living in the real world on this issue,” [Bruce Mirken of the Washington, D.C.-based Marijuana Policy Project said].æ “A lot of things she talks about are blatantly not true, especially when it comes to medical marijuana.æ There is precisely zero medical evidence that higher THC levels in marijuana causes more dependence.æ As far as potency goes, there is an average of 7 percent THC potency in medical marijuana in the United States.æ That’s less than half the minimum potency standards set by the government in the Netherlands for medical marijuana sold in pharmacies in the Netherlands.”

She also talks about higher levels of youth in treatment for marijuana and infers that this is an indication of marijuana dangers — something the government’s own numbers refute.
Unfortunately, Andrea Barthwell is often assumed to be a qualified expert due to her medical background and her background in government service. Certainly, she is entitled to give her opinion. But it should be clear by now that she cannot be considered credible or an expert in this subject.
I hope that we’ll be able to have a good discussion of medical marijuana in the Illinois legislature this year — without the distraction of Andrea Barthwell’s travelling con job.
Updates:

1. Monday afternoon: Andrea finally removed the GLATTC logo from the sponsor page (although it’s still on the downloadable flyer, which is unacceptable). She’s also added a Take Action page. (It had always been clear that the Illinois Marijuana Lectures were a thinly disguised lobbying effort against medical marijuana — now even that thin disguise has been removed.
2. Excellent OpEd in today’s Chicago Tribune: Fighting for your life shouldn’t be a crime by Montel Williams.
   

   You may know me as a television talk-show host, but I am also a criminal. My crime? Using the medicine that has allowed me to live a normal life despite having multiple sclerosis.

3. I’ll be at the hearing on Thursday. Come and join me! Hearing info: Human Services Committee Hearing Feb 17 2005 8:00 AM Stratton Building Room D-1 Springfield, IL. If you’re interested in attending, drop me a note and I’ll give you a few tips.

Tommy Chong in an AP story today:

Chong said he isn’t ashamed of introducing millions of Vietnam-era kids to marijuana. “When you think of how many kids died drinking alcohol, I feel I’ve saved millions of lives,” he said.

An article worth reading in the Economist: Battles won, a war still lost:

At the last count by the United Nations, in 2003, land under coca in Colombia was down to 86,300 hectares (213,200 acres) from a peak of 163,300 hectares in 2000. In 2004, contractors working for the United States sprayed herbicide on 136,555 hectares of coca, a similar amount to the previous year. That points to a further decline in cocaine production last year, according to John Walters, who heads the United States Office of National Drug Control Policy (ONDCP).

In 2004, almost 150 tonnes of cocaine were seized in the country, a third more than in 2003, while 1,900 cocaine labs were destroyed, 40% more than in 2002. Mr Uribe has extradited 166 Colombians to face drug charges — and probably a life behind bars — in the United States. They include Gilberto Rodrâguez Orejuela, who as head of the Cali drug mob ruled the trade a decade ago. American officials say that they have squeezed the drug revenues of the FARC guerrillas and their right-wing opponents, the AUC. “We’re moving in one direction. The bad guys are losing and the people in Colombia are winning,” says Mr Walters. Those who see it otherwise “want this thing to fail”.

Yet to many people across and beyond Latin America, the Andean drug trade seems as effective and dangerous as ever. The most telling evidence is the price of cocaine. According to the Washington Office on Latin America, an NGO, the ONDCP’s own figures, released to Congress but not yet to the public, show that in the United States a gram of cocaine wholesaled for $38 in 2003, down from $48 in 2000 and from $100 in 1986, with no fall in purity.

It’s really quite simple. It doesn’t work. In the past, I’ve compared eradication efforts there to this child’s game, and this cartoon fairly accurately depicts interdiction efforts.
Yet we continue to pour money down this black hole and help ruin the lives of Latin American citizens.

I had to temporarily suppress all humility to post this one, but I couldn’t resist. It’s such a wonderful post from Christopher Filkins that means a lot to me, and I wanted to share it:

I’ve been reading Salon Blogs since, well, when they started (or at least publicly available) me thinks. There are some great writers & journalists round these parts, far far better than I; this piddly thing. Anyway the best so far is Pete Guither’s Drug War Rant. Pete has a knack for cutting right through the drug war misinformation and slight of hand. His reports are stoic in the face of horrible stories, facts, and circumstances of this most odious of travesties the pundits call the drug wars. Salon (or some other organ) would be well served by hiring his ass.

I’d love to see more attention paid to this issue. Josh Marshall, I’m talking to you. How come the drug war is never ever ever ever ever questioned in polite company in the media? It’s so fucking frustrating.

[ed. note. I don’t mean to infer that Mr. Marshall writes in polite company. ]

[ed. note. err, or that Mr. Guither’s writing is written among the impolite. ]

Yes, it is frustrating.
Mr. Filkins then goes on to provide a good suggestion over at Radio Free Blogistan:

With all of this new found interest in online “journalists” such as Jeff Gannon getting access to the White House briefings I hope we’ll soon see more folks with access to the White House. …

…Wouldn’t it be nice to see Pete Guither grilling Bush on the drug war. God knows I’d like to drill him on gay marriage.

Someone, anyone, pay for this poor hack to fly to Washington. I work cheap. Don’t even need an entourage or a ticket to ride.

I’m with you. Day passes to the White House briefings are fine with me. Got my list of questions handy. Just need to pick a pseudonym.

“bullet” Via Last One Speaks, comes this fascinating and delightful piece by Dana Larsen: What’s In Popeye’s Pipe?

The evidence is circumstantial, but it is there, and when added together it presents a compelling picture that, for many readers at least, Popeye’s strength-giving spinach is meant as a clear metaphor for the miraculous powers of marijuana.

“bullet” Radley Balko talks about rights and gets some scary email.
“bullet” Robert Sharpe comes out with one of his usual outstanding letters, this time on heroin treatment (making the same points I did earlier). And he has a great tag line:

Putting public health before politics may send the wrong message to children, but I like to think the children are more important than the message.

The Illinois Medical Marijuana bill will have an initial hearing in the Human Services Committee on Thursday, Februaryæ17 at 8:00 a.m. in Springfield. I plan to be there and am hoping to bring others. It should be fascinating.
In the meantime, if you live in Illinois, check out this Action Alert from NORML and contact your state representative. If you have friends or relatives in Illinois, have them contact their representatives. It’s easy.