Drug WarRant

I’ve been getting some great comments from readers, so I thought I’d let some of them serve as a post tonight…
“bullet” Terry Nall responded to How do they come up with this stuff where I talked about the message sent to children by our politicians.

Message to our children:
It is normal for U.S. citizens to be under the direct control and supervision of police officers, at school, in public, and in their homes.
It is normal for the government to have complete authority over your body and over every aspect of your private life.
It is normal for the government to have policies that are in direct contradiction to the will of the people.
It is normal for the government to enforce its policies through direct physical violence and brutality.
It is normal for the government to silence dissent.
It is normal to be afraid.

“bullet” As a follow-up to An important event in Champaign, Illinois on February 18-20, which included a strongly worded statement by civil rights leaders against the drug war, Kaptinemo (a regular visitor) said…

I’ve long held that the minority leadership of this country were acting like the pledges in “Animal House” (“Thank you sir! May I have another?”) when it came to the War on Drugs. It’s demonstrable from historical documents that the War on Drugs was never concerned with public health, only public order…as defined by those in power at the time of its’ inception. And maintaining public order to them required a more politically correct means of oppressing minorities than outright KKK lynchings. Drugs proved a very handy tool in that regard. The success of this tool can be gauged, not by the effects of failed drug interdiction on society (which, I reiterate, was not the original concern but the window dressing used to ‘sell’ it) but by the size and racial composition of the prisoners in our penitentiaries who were put there because of the laws.

Contrary to what most drug law reformer’s statements indicate, the DrugWar has performed exactly as it was expected to, and is a resounding succcess. The question is whether those who are most affected by this ‘success’ continue to allow the predations inherent in it to continue against them.

“bullet” disgusted vet pointed out why this piece is satire, with some insightful points that don’t get brought up enough:

This is part of a LTE I sent some time ago and is, I believe, what the “Santa Barbara Satirist” wanted to arouse in the reader:

An estimated 90 million Americans have at least tried marijuana over the last 35 years or so, and many of them continue to enjoy pot on a regular, irregular, or casual basis. WHERE ARE THE CASUALTIES? Where are the birth defects? Where are the male breasts? Where are the fried-egg brains? Where are the amputated limbs from “circulation problems”? Where are the shuffling legions of demotivated pot-slaves? Where are the pitiful addicts, searching for roaches in the gutter, or slumped in doorways? Where is the spike in lung, and other, cancers? Where are the armies of the memoryless, the unemployable, the lost?

Maybe we should be asking more questions like these.

Thanks, readers!

How do they come up with this stuff?
Columbia, Missouri:

Republican State Sen.æ Chuck Gross proposed legislation Wednesday that would prohibit public schools from holding athletic tournaments in Columbia.

Gross’ proposal comes in response to two measures the city’s voters approved in November.æ One makes marijuana arrests the lowest priority of city law enforcement, and the other allows marijuana to be used in the city for medical reasons.

The legislation proposed by Gross would bar schools that receive state money from participating in “sporting events or athletic tournaments” in cities with marijuana laws similar to Columbia’s.

I keep hearing talk about what “message we’re sending to the children.” Well, if the children have half a brain, the message is loud and clear: It’s politicians who need to be locked up!
Of course, every legislature gets a ton of these silly season bills every year. Hopefully, this one won’t be given any serious consideration.

CU Citizens for Peace and Justice and Salem Baptist Church are hosting Forgiveness Weekend: Double Jeopardy or a New Beginning, February 18-20, in Champaign, Illinois, dealing with race, faith, and drug policy reform (full schedule and contact information at the link).
The Civil Rights leaders involved in the event (Rev. James Lawson, Jr., Rev. C.T. Vivian, Rev. Will D. Campbell, Diane Nash, Rev. Bernard Lafayette, Rev. James Bevel) have issued this statement:

We who have participated in the civil rights movement know the power of creative, persistent, nonviolent resistance. We are committed to translating the lessons we have learned into invitations for action now, believing it is urgent to redress the grievances and correct the injustices of our present drug laws. We believe the war on drugs is a continuation of historic institutional racism, aimed at enriching those in power and impoverishing communities of color. The drug war is a war against the American people, particularly those who are young, poor, and people of color. In the words of William Douglas, it is “a slavery unwilling to die.”
The war on drugs has not only failed in its efforts to make America free of “illicit” drugs, but in the process has constructed laws that are highly unjust, racist in application, a threat to our constitutional rights and a danger to our public health. African Americans are estimated to be 13% of the total drug offenses, 59% of those convicted for drug offenses, and 74% of those imprisoned for drug offenses. The Justice Policy Institute’s 2003 report states that 560,000 people are now incarcerated in the twelve state region from Louisiana to Virginia: “Today, the role played by slavery, convict leasing and the Black Codes. In every Southern state, African Americans were incarcerated at four times the rate of whites.
In the words of political economist John Flateau: “Metaphorically, the criminal justice pipeline is like a slave ship, transporting human cargo along interstate triangular trade routes from Black and Brown communities, through the middle passage of police precincts, holding pens, detention centers and courtrooms; to downstate jails or upstate prisons; back to communities as unrehabilitated escapes; and back to prison or jail in a vicious recidivist cycle.” The alarming escalation of our prison population is a direct result of national drug policy. The war on drugs continues to write off millions of human beings and squander urgently needed resources that might be invested in education, housing, public health and economic development.
With more than 2 million people currently incarcerated in this country, almost 500,000 for nonviolent drug offenses, we cannot remain silent. We are called on to speak a prophetic word of judgment and hope to the present situation. We must apply a “soulforce”, combining our prayers with the hard work of seeking justice, healing and restoration. We urge you to join in this movement; to stand with those who are victimized by this war; to expose the injustices; to change the public policies; and to engage in ongoing systemic work for restorative justice and reconciliation.

If you’re in the area, or connected with an area church, this is an event you shouldn’t miss.
I also urge you to check out Interfaith Drug Policy Initiative for an organization that is working hard to get people of faith involved in drug policy reform.
It’s going to take everybody to change the laws — those on the left and the right and stuck in the middle, people of faith and civil rights leaders, medical professionals and smart politicians, stoners, philosphers, and intellectuals until finally, the people sitting at home wake up and realize that their drug war has been a lie.

“bullet” What Are They Smoking? by Gersh Kuntzman in Newsweek…

It’s like what I’ve always been saying: The main problem with the federal government is that its marijuana stinks.

(an article on the efforts to develop an alternative legal research marijuana crop in the U.S.)
“bullet” Marijuana Policies Lack Focus in the North Adams Transcript..

The legal system is expensive. There are judges to be paid, as well as prosecutors, defense attorneys, bailiffs, probation officers, and a host of other law enforcement personnel who must deal with the comings and goings of citizens who end up in court and in correctional facilities. …

Last Wednesday, the Williamstown Police Department pulled over a Bennington, Vt., woman for various and sundry traffic violations. That’s all well and good.

However, after finding a wooden box in her possession, which contained “what appeared to be ashes from burnt marijuana,” the police should’ve thought twice.

This particular editorial not only points out the insanity of prosecuting small-time marijuana offenses, but also, in an aside, points out what I’ve been talking about regarding driving:

On a more general note, when was the last time you heard of someone being charged with driving while under the influence of marijuana? Unlike drunk drivers, it seems that “weed freaks,” as they are called in the parlance of our times, are too paranoid to drive fast or dangerously, and evidently, don’t pose the same kind of threat.

There’s a lot more in this editorial that shows an editorial staff that is willing to learn, is being “smart” about marijuana, and isn’t buying all the propaganda.
This is an excellent sign.

I believe a brilliant satirist is developing at UC SantaBarbara. Check out Nathaniel Page’s column this week in the Daily Nexus Online.

Have you ever seen the specter of a marijuana addict? It is one of a sickly skin-and-bones fiend, with oily yellow skin and a raspy voice from the constant smoking, herpes in every orifice, teeth or limbs missing, and always in a desperate search for a bowl. The only way we can save ourselves from marijuana and the resulting crack and methamphetamine epidemics is to find these wicked addicts, lock them up, and throw away the keys, even if it takes the whole army and navy. Penalties for possession should be as harsh as in Arabaghistan, where I’ve heard you can lose a hand or a wife. Similarly, all the dealers, with their millions of filthy dollars, should be castrated and sent back to the savage jungles of Colombia, where they would no doubt kill themselves by binging on cocaine. No state penitentiary could be harsh enough for a child-killing, marijuana-peddling vampire. Don’t believe the wild myths, dreamed up by raging pot ideologues, that marijuana can cure the sick. A weakened patient lacking the built-up tolerance of an addict would certainly die instantly if forced by the doctor to take ganja. Clearly the whole movement is a ruse created by addicts stricken with cancer and other disorders after too many years of drug abuse who just want to take advantage of the system at our expense. They should be held accountable, kicked out of the hospital and moved to a high security prison for posing a threat to society.

Fun stuff.

(Via Ethan Russo, M.D. in comment 21): GW Pharmaceuticals announces positive preliminary results in a Phase III clinical trial with Sativex¬ (a cannabis medicine containing tetrahydrocannabinol (THC) and cannabidiol (CBD)) in 177 patients with severe cancer pain.

Dr Stephen Wright, GW’s R&D Director, said, “Patients in this trial were suffering intense pain as a result of their cancer despite using currently available strong opioid treatments and therefore have a very high clinical need. The data from this important trial further demonstrates the broad potential of Sativex, not only in its initial Multiple Sclerosis and neuropathic pain markets, but also in cancer and potentially other types of chronic pain. These positive results suggest that Sativex may represent a valuable new treatment option for this group of patients.”

There’s an interesting connection between this excellent news and Libby’s post at Last One Speaks today:

German pharmaceutical giant Bayer AG has already paid $60 million for the European rights and $14 million for the Canadian rights to market Sativex, a cannabis-based medicine developed in Britain by GW Pharmaceuticals. Bayer in competition with Cannasat Pharmaceuticals Inc. of Toronto want to set up shop in Canada.

…Alan Young, Cannasat’s legal adviser, a loquacious Osgoode Hall law professor who has fought a decades-long battle to liberalize marijuana laws, says because cannabis-based drugs have the potential to help people in a number of critical areas yet to be discovered, it could become one of the biggest pharmaceutical sectors ever developed. “There is going to be a revolution in the next decade in treatment options,” says Young, his voice rising to emphasize the point. “People are sick and tired of synthetic products that are constantly being pulled off the market for undisclosed side effects. The time is right for herbal products.”

Indeed the time has always right for herbal products which have long since gone mainstream. It’s just this particular herb that remains exploited – so far. But don’t be fooled by their talk of protecting the public. Although it’s true that cannabis is a far superior medicine to chemical alternatives, the pharma are interested in profit, not in the public health.

There are a whole lot of dynamics going on here, and it’s hard to say how it’s all going to play out.
When it comes to marijuana, the correct approach — the one that most values the well being of the individual, would be to legalize this safe and useful herb and allow it to be used for a variety of medical purposes, while at the same time researching specialized applications and extracts that would be more effective for specific uses and that could be patented for the profit of drug companies.
However, the correct approach is not likely to be present in the battles of politics and money that swirl around marijuana.
The amazing thing in all this is that people like John Walters can continue to lie and say that marijuana has no medical value.
“bullet” Mark Kleiman has an excellent post about another aspect of illicit drugs used for legitimate medicine: approved experiments in the use of hallucinogens to help dying people cope with impending death. He fisks a poorly written (although otherwise factually strong) piece in the New York Times that completely misses the fact that “effusiveness and heightened awareness” is not the same as dulling perception and cognition.
Beyond the good job that Mark does in chastizing poor reporting, the piece itself brings up some very interesting thoughts about the use of psychedelics. I have seen people in the final stages of life, so pumped up on morphine that their brains were mush. If there is a possibility of using hallucinogens in a way that will make them more aware without the intolerable pain, it’s worth pursuing.

“bullet” David Borden at Prohibition and the Media has a couple of interesting posts. He talks about a massive cocaine bust in Mississippi that took 60 people from 10 agencies, and involved a full 7 years to build a case to seize $160,000 worth of cocaine. Talk about throwing away tax money.
David also notes that Baltimore police actually admit that their prohibition efforts cause increased violence. But they’re doing it anyway.
“bullet” Grits for Breakfast has a organized guide to all their coverage of the Tom Coleman (Tulia) trial, in case you missed any of this excellent material.
“bullet” As Loretta notes, ex-cop Howard Woolridge is still riding his horse into towns to talk about the failures of drug prohibition. An outstanding man who is doing incredible work for drug policy reform. As always, check out Law Enforcement Against Prohibition (LEAP).
“bullet” Peter Dizikes in Salon today has an article detailing the 34 scandals in the current administration that he says are worse than Whitewater. Regardless of what you may think about his conclusions, my reaction is disbelief that the ONDCP/drug war was not mentioned once. Inappropriate lobbying, illegal covert propaganda, lying… Maybe it’s just that it’s so common as to be considered standard operating procedure. Or is it that it happens under the drug prohibition efforts of both parties, so nobody wants to point fingers too much?

“If Dr. Martin Luther King, Jr. were alive today he would see the drug war and the resulting over-incarceration of people of color as a major civil rights and human rights issue that must be addressed if we are to have a true and healthy democracy.”

– Deborah Peterson Small, drug policy reform lawyer and activist

I missed this OpEd in the Washington Post earlier (it came out on Thursday).

When conservatives break with their principles, they seem to become casual about breaking the law, too.æ Last year the then-General Accounting Office accused the Department of Health and Human Services of illegal spending when it distributed fake “news” videos that were used by 40 local stations around the country.æ In them the many benefits of the new Medicare prescription drug entitlement were “reported” by a fake reporter whose actual status — an employee of an HHS subcontractor — was not revealed.æ The English version of these “video news releases” concluded, “In Washington, I’m Karen Ryan reporting.” …

The GAO has frequently had occasion to insist that taxpayers’ money cannot be used when the “obvious purpose is ‘self-aggrandizement’ or ‘puffery.'”.æ Last week it had another occasion, chastising the Office of National Drug Control Policy for also disseminating fake news videos.

It is difficult to calculate how many billions of dollars the government spends on indefensible, if not illegal, self-promotion.æ Democrats, too, have violated the spirit, and perhaps the letter, of various laws that contain language such as “no part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress” and appropriated funds may not be used “in a general propaganda effort designed to aid a political party or candidates.” But conservatives should be less aggressive than Democrats in using taxpayers’ money to try to mold taxpayers’ minds.

It is impossible to draw, with statutory language, a bright line between legitimate informing and illegitimate propagandizing by government.æ What is indispensable is common sense, and that is atrophying as this lawyer-ridden nation sinks deeper into the delusion that sensible behavior can be comprehensively codified.

Obviously government leaders must try to lead by persuading the public.æ But government by the consent of the governed should not mean government by consent produced by government propaganda.æ Unfortunately, as government’s pretensions grow, so does its sense that its glorious ends justify even the tackiest means.

State Representative Ruth Jones McClendon (D-San Antonio) has introduced a measure that would allow the City of San Antonio to exclude people arrested for drug offenses from entering certain parts of the city except to go directly to their homes and places of employment.
My first reaction was that this was an offensive law that should be rejected out of hand, and that it seemed likely to be unconstitutional — it’s possible that Ruth McClendon missed the part in the First Amendment that states:

Congress shall make no law… abridging… the right of the people peaceably to assemble…

along with Supreme Court law that has subsequently established a right of association.
But the proposed law also troubled me in that it sounded strangely familiar. So I did a little looking and, sure enough, they tried the same thing in Cincinnati a few years back:
Drug War Chronicle, 6/13/03

The US Supreme Court rejected for the second time Monday a Cincinnati law that created a “drug exclusion zone” banning anyone convicted of certain drug offenses from the city’s poor, black Over the Rhine neighborhood. The court rejected without comment an appeal by the city asking it to overturn a US appeals court ruling that found the ordinance an unconstitutional violation of the First Amendment right to freedom of association and movement. The Supreme Court had earlier rejected the city’s appeal of an Ohio Supreme Court ruling throwing out the law on similar state constitutional grounds.

That’s right. The U.S. Supreme Court rejected it twice. And listen to what the Ohio Supreme Court had to say:

In his majority opinion, Chief Justice Moyer was sharply critical of the ordinance, noting that “a person subject to the exclusion ordinance may not enter a drug-exclusion zone to speak with counsel, visit family, attend church, receive emergency medical care, go to the grocery store or just stand on a street corner and look at a blue sky.”

But wait, I wondered… Are the laws really the same? Maybe the San Antonio provision is significantly different so as to survive constitutional scrutiny. Well, let’s compare:
Cincinnati, Ohio

Under the ordinance, police could order residents arrested on certain drug charges out of the Over-the-Rhine neighborhood for up to 90 days based solely on the fact of their arrest. Those actually convicted of drug offences could be banished from the neighborhood for a year.

San Antonio, Texas

The law would ban people who had been arrested for a drug offense — even if they were not convicted — for 90 days. People who had actually been convicted would be excluded from the community for one year.

Yep. Same law. Unconstitutional before. Unconstitutional now.