Former Drug Czar changes tone… ?

A picture named mccaffreyrosenthal.jpgIn yesterday’s Wall Street Journal (subscription required) comes this commentary by Barry R. McCaffrey and Mitchell S. Rosenthal.

Driven in large measure by harsh drug laws, our prison population has
grown from 200,000 to two million over the past 30 years. Now, the tide
is turning and, by legislation or referendum, one state after another is
changing these laws. But not New York, where the hardline Rockefeller
laws remain the nation’s most draconian.
The laws enjoy little public or political support. Just about all
interested parties — legislators, advocates of various persuasions, and
all sectors of the criminal justice system — favor change.

Wow! This is from Barry McCaffrey, former Drug Czar under Clinton and one responsible for much of that prison population and for setting the stage for Walters (our worst Czar ever). Sure, after McCaffrey left his office, he expressed some concern about the drug war — too little, too late. And now, what is he doing?

At Phoenix House, we have been treating drug-abusing offenders (in
prison and out) for nearly 40 years. We were among the first to show
that treatment, not incarceration, is a more effective, less expensive
way to curb drug use and drug-related crime.

OK, treatment. Definitely preferable to prohibition (and a big switch from his emphasis as Drug Czar). So what does he have in mind for reform?

  • Reform should ensure the treatment of as many nonviolent offenders as
    possible.
  • Sentences for drug offenses should be reduced, but not to the point
    that they no longer provide a meaningful incentive for defendants to
    accept long-term residential treatment.
  • In-prison treatment should be mandated for offenders with a history of
    drug abuse who are not appropriate candidates for community-based
    treatment — or are unwilling to accept it.
  • Although other, less restrictive treatment options may occasionally be
    appropriate, mandated treatment for offenders should involve no less
    than 12 months of residential treatment, followed by 6 months of
    outpatient aftercare.
  • Penalties for quitting treatment or failing to comply with a treatment
    regimen should be imposed swiftly and automatically….

Ahhh, now I get it. This is about lobbying for his new business. And it’s still all about prohibition, just with enforced, mandatory, lucrative treatment thrown in. And who is this Rosenthal who co-wrote the article?

Gen. McCaffrey, former director of the White House Office of National
Drug Control Policy, is a director of Phoenix House, of which Dr.
Rosenthal is president and founder.

Crystal clear.
However, they had one statement that, if you remove the fact of their naked greed in re-shifting prohibition to support their business, resonates strongly.

There is little doubt that the Rockefeller laws are ineffective. There
is no question that they are unfair. To acknowledge their flaws is not
to sanction drug use. Addicts do not, because of their addiction, belong
in prison.

.. and citizens do not, simply because of their drug use, belong in prison, nor are they by definition addicts requiring treatment.

[Thanks to Leah at Drug Policy Alliance]
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Kari Rein – One small step toward justice

My original post back in January…

From the Oregon Register-Guard:

[Kari] Rein, 42, and her husband James Jungwirth, 41, a U.S. citizen, have lived in Williams, near Grants Pass, for 15 years. They run an herb and seaweed
harvesting business and have a 14-year-old daughter and a 7-year-old son.

11 years ago, Rein was convicted of growing six marijuana plants for personal use and received probation and community service. The judge at the time said he was confident it was for personal use,

“And I’m also satisfied that the two of you are people who are capable of
being productive and are being productive in society,” the judge continued,
“and I don’t think at this point that jail really serves any benefit to
anyone.”

Here’s the tragedy —
Kari Rein is an immigrant, and immigration officials now (11 years later) want to send her back to Norway.

According to Rein’s attorney, immigration officials say the conviction
qualifies as an aggravated felony and mandates deportation under 1990s
immigration rules that have received souped-up enforcement since the Sept.
11, 2001, terrorist attacks on the United States.

Six pot plants over a decade ago, and you send a wife and mother away from her home? Does this government have ANY sense of morality?

This week’s news:
Oregon governor pardons woman facing deportation to Norway
Kari just found out on Monday. This really is great news. I’m sure Kari and her family are very excited. And I am personally relieved that in this case justice triumphed, but I’m still outraged that it even became an issue.
And I got pissed off one more time with the statement made by the governor’s office:

“In this case, Kari Rein met all the qualifications,” said Mary Ellen Glynn, a spokesman for the governor. “She has expressed remorse. She was no threat to public safety. She has been a model citizen prior to this event and since that time.”

What I wanted to hear from the governor’s office was “Well, duh! It would be monumentally stupid not to pardon her in these circumstances.” Instead, it’s this self-righteous “Well, at least she’s shown remorse for her horrible crime of growing six plants eleven years ago.”
A pardon isn’t enough. She should get an apology, and have her legal fees paid back to her.

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Guest Drug WarRants

A reminder that Guest Drug WarRants are always welcome. Here’s a new addition – a piece on drugs and sports.

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The “first” American “Stoned Age”

A picture named ludlow.gif
David Gross sent me a note that I thought I’d share with you:

A lot of people don’t know that cannabis had a real rennaissance in the
United States before the sixties… the 1860s, I mean.

To American marijuana enthusiasts, Fitz Hugh Ludlow (1836-1870) is our
pioneer. He was the first to explore the cannabis high methodically and
adventurously and to come back to tell the tale. His book “The Hasheesh
Eater” is both thorough and thoroughly bizarre.

Terence McKenna called him “part genius, part madman,” and said of his
writing that “Ludlow lies halfway between Captain Ahab and P.T. Barnum, a
kind of Mark Twain on hashish.”

In recent years, biographers have learned more about Ludlow. One of the
songs he wrote is still sung today at graduation ceremonies as the Union
College alma mater. He worked for a time as a doctor, a lawyer, a teacher,
and an editor, as well as an author. He traveled across the continent as a
reporter on the American West, interviewing Brigham Young in Utah,
exploring Yosemite, and introducing East-coast readers to the young Mark
Twain. And he did all this before his thirtieth birthday. (So much for
“amotivational syndrome.”)

I’ve spent the last decade researching the life and works of this cannabis
pioneer, and I’ve recently put out a new edition of his master-work “The
Hasheesh Eater” (which had been out of print since the 1970s):

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America in the Great Stoned Age

A picture named stoned.jpg
Via Hit and Run, Nick Gillespie in the Washington Post reviews a new book by Martin Torgoff: Can’t Find My Way Home: America in the Great Stoned Age, 1945-2000

Each year, police make more than 700,000 marijuana-related arrests in the United States. Some 80 percent of public school districts still teach the Drug Abuse Resistance Education (D.A.R.E.) program even though the General Accounting Office has declared it ineffective. In 2003, comedian Tommy Chong went to federal prison for the high crime of selling bongs via the Internet. In such a climate, it takes courage to say anything positive about illegal drugs (or, as the federal government moralistically prefers to call them, illicit drugs).

So Martin Torgoff’s Can’t Find My Way Home is a brave book, simply because it seeks to “chronicle . . . the use of illicit drugs in America without sensationalizing, apologizing, moralizing or demonizing.” It’s also a generally successful effort, in many ways as pleasantly and richly intoxicating as a double hit of Humboldt County, Calif.’s finest. …

Throughout, Torgoff drives home the point that not only have nearly half of Americans tried at least one “illicit” drug but also that such substances “have long since become part of a deeply personal and complicated prism of American life. . . . From politics to the arts, drugs have shaped the American cultural landscape . . . [and] entered the mainstream of American social experience.”

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Montel on The O’Reilly Factor tonight to discuss marijuana

Unresolved Problems Segment
Montel Williams on medical marijuana
Bill speaks to talk show host Montel Williams about medical marijuana and how that usage could lead the way for the drug being fully legalized.

I can’t watch it, so someone let me know how it went (or point me to transcripts).

Thanks to Scott for the tip.
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Sunday reading

A recap of some interesting articles from today and earlier this week —
“bullet” A nice little piece on Valerie Corral in today’s Los Angeles Daily News: Tiny Pot Protagonist Beat Ashcroft In Court

SANTA CRUZ, Calif.  — What do you do when you sue U.S.  Attorney General John Ashcroft and win? Fifty-one-year-old Valerie Corral, a sinewy 5-foot-tall great-granddaughter of Italian immigrants, throws back her head, laughing, her hands reaching to the clouds, hips wiggling, feet stomping.

“It’s my happy dance!” she says, throwing her arms around her husband, Mike.

She has also planted an acre of marijuana.

“bullet” On suspicionless drug testing, from Newsweek: Guilty Until Proven Innocent:

In advocating student testing, the White House has cited research showing testing to be an effective deterrent for soldiers, airline pilots, tugboat captains and a host of other professions. … Critics say the research is bogus—and that the testing is an outrageous violation of student privacy and civil liberties.

But when asked whether her office knew of any scientific studies that supported its contention that drug testing students actually works, [Deputy Drug Czar Andrea Barthwell] responded simply, “No.” That, say critics, is proof that Bush’s new proposal is built not on solid evidence but the shaky ground of political ideology. …

Others contend that drug-testing kids may in fact exacerbate the problem it’s meant to solve. …

Hans York, a father of three and a deputy sheriff in Wahkiakum, Wash., sued his local school after it  tried to force his son Aaron to submit to a testing program before joining the drama club. For York, having an official monitor his son for “normal sounds of urination” was not only a violation of his privacy, but sent him the message that he’s guilty until proven innocent. Says York: “As a guy who puts on a gun every day to go to work, I can tell you that a lot of the dialogue stops when you become the police.”

“bullet” Rep. Mark Souder (R-Indiana) is one of the most vicious drug warriors and the architect of the outrageous and racist HEA provision that denies federal financial aid to someone who was caught with marijuana when they were young (murderers and rapists not affected). He has invoked Jesus Christ as “justification” for some of his views, a technique that didn’t sit well with David Guard who wrote in the Decatur (IN) Daily Democrat.

In his struggle to preserve the lion’s share of the Higher Education Act’s ban on federal financial aid to students with even minor drug convictions, Rep.  Mark Souder ( R-Ind.  ) is touting his evangelical Christian background as evidence of the compassion of his proposed “fix” and the general righteousness of the Act’s extremely controversial “drug provision.” His logic should leave Christians of all denominations perplexed.

Congressman Souder’s interpretation of Christian values with regard to this issue is bewildering to persons with even a basic understanding of the gospel of Jesus Christ. …

When fighting the war on drugs, Rep.  Souder should be careful to not let disadvantaged students become casualties, and refrain from insinuating that the teachings of Jesus Christ support unjust, prejudiced policies.

Fortunately, there is still time for him to see the light and end this illogical, harmful crusade.  I invite Congressman Souder to join the United Methodist Church, the Presbyterian Church, the Association of Jesuit Colleges and Universities, and the more than 70 other major national and state organizations representing the education, public health, criminal justice, and civil rights fields in support of full repeal of the HEA’s “drug provision.”

“bullet” Rep. Ron Paul (R-Texas) shows that you can be a Republican from Texas and be smart on drug policy. He has a new commentary on the attack on pain medicine: The War on Drugs is a War on Doctors

Doctors are not slaves, and they will not continue practicing medicine forever if the federal government insists on monitoring, harassing, fining, and even jailing them. Congress should take action to rein in overzealous prosecutors and law enforcement officials, and stop the harassment of legitimate physicians who act in good faith when prescribing pain relief drugs. Doctors should not be prosecuted for using their best medical judgment, nor should they be prosecuted for the misdeeds of their patients.

“bullet” In Williams ‘scandal’ is a smoke screen, Dave Joseph writes about the “outrage” surrounding the Dolphins’ Ricky Williams testing positive for marijuana:

“How could he have done this to his teammates? How could he risk missing games? What are his young fans to think?”

You’ve got to be kidding, right? Here’s a team changing offensive coordinators in May — a team without definitive answers at wide receiver and offensive line and with a draft pick that served time for DUI — and people are worried if Ricky might have inhaled?

Get a grip. Or some rolling papers. …

Think about this: The penalty for smoking pot in the NFL is the same as for cooking crack, shooting heroin or taking steroids. How irresponsible and insulting. …

Williams hasn’t done anything to hurt himself or the Dolphins. Blame the NFL, antiquated laws, a society that believes Reefer Madness is an accurate portrait of the effects of marijuana. But Williams isn’t a problem with the Dolphins.

Ironically, in the end, it was Williams who made the most sense in this cloud of controversy.

Asked if there was a message he’d like to send to children, Williams said: “They just have to look at the way I carry myself, look at the way I play the game, look at the way I practice, and look at what I do in the community.”

Everything else is a smoke screen.

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Ultimate Frisbee Harshed

Via Grassroots Buzz comes this horrible news from Drug War Chronicles.

First, the drug testers came for the chess players, and we did nothing. Now the inexorable, totalitarian logic of drug prohibition has invaded the laid-back domain of competitive Frisbee, or, in this world leery of copyright infringement, flying discs. The sport’s governing body, the World Flying Disc Federation (WFDF), voted May 2nd at its annual conference in Santa Cruz, California, to adopt the World Anti Doping Code, a drug testing regime that will subject Frisbee players to rigorous, Olympic-style drug testing.

…competitive Frisbee-tossers will be punished not only for using performance enhancing steroids, but also for having smoked marijuana within recent days. … The United Kingdom Flying Disc Association News, warned its readers that even participation in student events sanctioned by the WFDF could get you drug tested.

A picture named frisbee.jpg
What can you do to stop the infringement on the inalienable rights of Americans to enjoy competitive frisbee with a nice mellow high?

  1. Contact the board members of the WFDF and let them know what you think.
  2. Buy one of these marvelous flying discs from the Drug WarRant shop and tell the world what you think.

Update: The WFDF have clearly abandoned their roots in this decision. From Wikipedia:

Teenagers from Columbia High School in Maplewood, N.J. invented the game of Ultimate initially as a joke in 1968. The school council president and newspaper editor Joel Silver proposed a school Frisbee team on a whim in the fall of 1967. That spring a group of students got together to play what Silver claimed to be the “ultimate sports experience” by adapting the game Frisbee Football in 1968. Silver, now a Hollywood film producer (48 Hours, Weird Science, Lethal Weapon, Die Hard, The Matrix), first played Frisbee Football at a camp in Mount Hermon, Massachusetts in the summer of 1967. The students were not very athletic, either nerds or druggies. While the rules governing movement and scoring of the disc have not changed, the early Columbia High games had no sidelines, no limit to team size, and allowed referees. Gentlemanly (and ladylike) behavior and gracefulness were held high. The first intercollegiate competition was held between Rutgers and Princeton on Nov. 6, 1972, the 103rd anniversary of the first intercollegiate football game, and at the same site on the Rutgers New Brunswick campus. The popularity of the game quickly spread, taking hold as a free-spirited alternative to traditional organized sports. Men would often play the game in skirts, and some would smoke marijuana on the sidelines.
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What if they just say “yes?”

One of the many problems with abstinence-only education is that it is all or nothing. It is sending an amateur across a tight-rope without a net, under the philosophy that if you give them a net it might encourage them to fall off. The drawback? If they fall without a net, they might die.
Many overdose deaths could be prevented if people knew more – proper dosages, dangers of mixing drugs and alcohol, drug reactions – and were not afraid to get help. But abstinence education specifically rejects this information, thereby condemning to death some children who fall off the rope. Drug warriors who push for abstinence-only are saying “We would rather have some children die than tell them the truth.” (They will say that they are preventing deaths by keeping kids from using drugs, but studies show that kids will experiment anyway.)
Marsha Rosenbaum is probably the best OpEd columnist out there writing about kids and drugs (here are some past columns), and she knows her stuff well — she directs the Safety First drug education project of the Drug Policy Alliance in San Francisco.
Her most recent piece is a response to the death of a 14-year-old Belmont, CA girl who had taken ecstasy (among other things) with her friends, titled “Fallback Strategy for Teens Who Say Yes to Drugs.”

… Especially disturbing is that, in the opinion of San Mateo County coroner Robert Foucrault, Irma Perez’s life could have been saved with professional intervention.æ

According to the paramedic’s report, Perez had taken an excessive dose – three “Valentine ecstasy” pills – and possibly alcohol and/or other drugs as well.æ While her two friends suffered no ill effects, Perez had an extremely rare reaction.æ She experienced what emergency physician Dr.æ Karl Sporer calls “serotonin syndrome”: rapid heart rate, high blood pressure, high fever and agitation.æ

Because adverse reactions are so rare with ecstasy, what caused Perez’s idiosyncratic response? Did the pills contain adulterants? Did Perez have a pre-existing condition that made her especially vulnerable, such as a cardiac arrhythmia? Was she dehydrated or did she drink too much water, causing dramatic drops in sodium levels? We don’t know the answers to these questions yet, but it is hoped the coroner will issue his report soon and make it public.æ

As a drug educator, I agree with Belmont-Redwood Shores Superintendent John McIntosh that in this “teachable moment” we must provide information to both parents and teenagers.æ At this critical juncture we need to be very careful about what we say so we can win back the confidence of young people.æ After more than two decades of exaggerations about drugs in general, and a recent scandal leading to the retraction of “brain damage” claims about ecstasy, adults have lost a great deal of credibility with teens.æ…

Missing from our educational efforts is a fallback strategy of harm reduction for those teens who, like Perez and her friends, say “yes” despite our efforts.æ

In addition to providing sound information about alcohol and other drugs, young people should learn to recognize signs of distress and know that they can and must get help.æ This was not what happened in Perez’s case.æ For five hours her friends tried on their own to help, using makeshift methods, such as giving her a bath.æ Perez finally lapsed into the coma from which she never recovered. …æ

Many in law enforcement, such as Commander Trisha Sanchez of the San Mateo County Narcotics Task Force, agree that the message we send our teens should be clear.æ The use of alcohol and other drugs is a poor choice, but if you do experiment and there is a problem, you will not be punished by calling for help.æ

“You will not be punished by calling for help.” That should be the number one message taught in drug education programs, followed by sound information about alcohol and other drugs. Remember, if all you tell thim is “just say no,” then you’re sending them out there without a net when they say “yes.”

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Sheriff Bill Masters

I’ve mentioned Bill Masters before. He’s author of Drug War Addiction: Notes from the Front Lines of America’s #1 Policy Disaster. Now, he has a new book out: “The New Prohibition: Voices of Dissent Challenge the Drug War. (which is available as a premium, by the way, for donating to Stop The Drug War.org)
Walter in Denver has an extensive post about the amazing Bill Masters, based on the excellent Westword profile.

But Masters insists that the drug war is primarily focused on locking up American citizens — and, in the process, squandering resources and manpower that could be better devoted to homeland-security interests.

“A quarter of the FBI case filings in the year before 9/11 were drug cases,” he says. “Who was looking after the terrorists? Nobody. We have 10,000 DEA agents. Is it more important to prevent the next terrorist attack or to bust Cheech for having a bong? In the year before 9/11, we arrested almost 750,000 people for possession of marijuana — and one foreign terrorist.”

He shakes his head in disgust. “You’d think real conservatives would be looking at what works, what’s the best result you can get for the money,” he says.

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