Drug WarRant

A warm and belated welcome to all the visitors from Cannabis Culture Magazine Online which was nice enough to provide a link to this site while I was busy this past week. Check them out.

Chicago Tribune: Court bars drug-dog use in traffic stops: ‘Hunch’ doesn’t validate search

a contentious 4-3 decision, the Illinois Supreme Court ruled Thursday that police cannot use drug-detection dogs to sniff vehicles during routine traffic stops.

Before police summon a dog, they must have a reasonable suspicion that the driver is carrying drugs, not merely a “vague hunch,” Justice Thomas Kilbride wrote for the majority.

State police “are going to have to state a reason why they called in the dogs,” said criminal defense attorney Ralph Meczyk, whose client, Roy Caballes, had been convicted of drug trafficking. “Everyone’s liberties are affected,” Meczyk said.

The ruling, which said the drugs could not be used as evidence against Caballes, also overturned his conviction.

Though Caballes’ defense focused only on the legality of the search, opponents of racial profiling are claiming it as a victory, as well. It will curtail some powers of police who, they said, single out black and Hispanic motorists for drug investigations.

It’ll be interesting to see what happens if this gets appealed to the U.S. Supreme Court, which has considered dog sniffing not a search in past rulings.

Judge Gray, a Drug-War Foe, Will Run for Senate: Now a libertarian, the longtime advocate of legalization will challenge Boxer in 2004.

This is extraordinary news. Gray is the author of “Why Our Drug Laws Have Failed and What We Can Do About It: A Judicial Indictment of the War on Drugs” – a truly excellent book. I’ve bought quite a few copies myself, because it’s a good book to give to someone as an overview to learning about the problems of the drug war (and I always have a copy out on loan as well). Gray has been a federal prosecutor, a trial judge, and a California Superior Court justice, and has learned first hand the failure of the drug war. Seeing him enter the political ring is great news, and I’d love to see him on the floor of the Senate, fighting against the constant stream of lousy drug laws.
However, it’s likely to be an uphill battle, running as a Libertarian.

Every single vote I get will legitimately be seen in favor of repealing drug prohibition,” said Gray, 58, the day before announcing his candidacy at the Old Orange County Courthouse in Santa Ana.

“The other side is going to want to get my votes, and to do that they’ll have to change their drug policy. If that happens, I’ll have won.”

Gray is hoping to get 15% of the vote, a longshot for a third-party candidate. His campaign slogan targets the apprehension that mainstream voters might feel: “This time, it matters.”

If you live in California, give him your support. Either way, visit his campaign site and consider a contribution. Every little bit helps.

In the years he has been waging his own war on the war on drugs, Gray said he has learned that when battling the conventional, you can’t be in a hurry, and you can’t get discouraged.

A few dents at a time, he said. That’s how it’s done.

While I’ve been busy doing a musical and other fun stuff, a lot’s been happening in the drug war. Some of this will be old news to some of you, but these are a few stories I felt important to include. For more review of events in the past week, be sure to check out the current issues of Drug War Chronicle and Drug Sense Weekly. Also, some material from Talk Left.
Another Drug War Victim: File this under a stupid self-inflicted act if you will, but the fact is that it never would have happened if the victim had not been driven to it by desperation as a result of the drug war.
Texas Man Chokes to Death on Marijuana

A man changing a flat tire choked to death on a bag of marijuana he had stuffed down his throat in an apparent attempt to hide it from police who stopped to help him, authorities said. Nickolas Sandoval, 24, died Wednesday.

“Officers went from ‘Oh, hey, here is someone with a flat tire’ to ‘Hey, this guy is choking,'” Lott told the Fort Worth Star-Telegram.

Sandoval, of Ponder, was pronounced dead at a hospital. Cause of death: “asphyxiation due to aspiration of plastic bag,” according to a spokeswoman for the Tarrant County Medical Examiner’s Office.

Sandoval was convicted at least three times of marijuana possession, and pleaded guilty two years ago to a drunken-driving charge.

While this one won’t go on my Drug War Victims page, it still is a tragedy.
Not Weapons of Mass Destruction
You may remember my piece about the North Caroline district attorney who decided to charge meth lab suspects with “manufacturing a nuclear or chemical weapon.” Well, Judge James Baker has a little more common sense and threw out 15 of the charges. Good for him.

Ganja decriminalization may have a vote in parliament this session in Jamaica More here.

Americans for Safe Access targeting congressmen who voted against medical marijuana.

For the first time, a medical marijuana advocacy group is going after Congressmen where they live. Beginning Monday morning, every registered voter in four House Congressional districts will receive a phone call about their Representative’s opposition to an amendment that would have stopped federal raids on medical marijuana patients and providers. Over 600,000 voters will be called during the week.

The recorded messages feature either a medical marijuana patient describing her plight or one of the jurors who recanted their verdict in the Ed Rosenthal medical marijuana cultivation case. Both explain that the House member voted to continue the current policy — despite polls showing 80% of Americans support medical marijuana — and ask that voters spread the word. The campaign targets Representatives Wally Herger (R, CA 2nd), Elton Gallegly (R, CA 24th), Joe Baca (D, CA 43rd), and David Wu (D, OR 1st).

“We’re sure the congressmen are so busy with other matters that they don’t realize how important the suffering of everyday people is to their constituents,” said Steph Sherer, Executive Director of Americans for Safe Access, the organization sponsoring the calls. “We’re educating the voters about the Congressmen’s record, so those voters can educate their Congressmen about compassion.”

Another voice for Medical Marijuana
The Union of American Hebrew Congregations, which speaks for the largest Jewish denomination in the United States, the Reform movement, has adopted a resolution supporting the use of marijuana for medical reasons.

THEREFORE, the Union of American Hebrew Congregations resolves to:

1. Urge elected officials in the United States to support federal legislation and regulation to allow the medicinal use of marijuana for patients with intractable pain and other conditions, under medical supervision;
2. Urge the Food and Drug Administration to expand the scope of allowable Investigational New Drug applications in order to move research forward more quickly toward an approved product;
3. Call for further medical research on marijuana and its constituent compounds with the goal of developing reliable and safe cannabinoid drugs for management of debilitating conditions; and
4. Call upon congregations to advocate for the necessary changes in local, state and federal law to permit the medicinal use of marijuana and ensure its accessibility for that purpose.

Full resolution available online (pdf)

Rush Speaks –
via DesertCat (who was right so far)…

For people who are truly addicted, I mean hard-core, really addicted, putting them in jail doesn’t do any good. There’s no way. I mean the penalty may be what society thinks is just. It’s not going to fix anything. It’s not going to help those people get off the drug or get rehabbed or any of that. Jail is, you know, one thing that is not really productive to this.

Keep it up, Rush. You could be a very strong voice for reform.

Walters afraid to debate
Drug czar gets cool reception in S.F.

White House drug czar John Walters received a chilly welcome Monday as he brought his 25-city tour to the Bay Area — dozens of protesters blasted his stance against medical marijuana, and even his host said he’d been disingenuous.

He also refused offers to debate, saying he’d only debate George Soros, Peter Lewis, or John Sperling (individuals who have donated to drug reform activities and who are not public speakers). While Walters occasionally talks about debating, he really is not willing to do so. And my offer still stands – any time, any place.

This critical alert from Drug Policy Alliance (Thanks to Richard Lake).

Now, just before Congress goes out of session, one of the country’s harshest drug war extremists, Rep. Mark Souder (R-IN), is about to introduce some of the scariest legislation we’ve seen this year.
Rep. Souder’s bill increases penalties for many drug offenses and takes away the right of judges to show mercy when it’s appropriate. The bill also enacts new draconian penalties that could sentence compassionate Americans that grow and provide medical marijuana to decades in federal prison.
Although it’s titled the ‘Drug Sentencing Reform Act,’ this dangerous bill is all sentencing and no reform. It will destroy the lives of thousands more non-violent Americans.
We know that Rep. Souder wants to introduce his bill within the next couple of weeks and is asking for co-sponsorship from other Representatives. Make sure your Representative doesn’t support this bill. Call NOW and tell your Representative not to co-sponsor Rep. Souder’s Drug Sentencing Reform Act because it contains no reform and ties the hands of judges.
Action to Take:
CALL YOUR REPRESENTATIVE NOW!
To reach your representative by phone, call the US Capitol Switchboard at 1-800-839-5276 or call your representative’s office directly by looking up the phone number here.
Tell your Representative: “I’m a constituent and I’m calling to urge Rep. [Name] not to co-sponsor Rep. Souder’s Drug Sentencing Reform Act, which he is about to introduce. The Drug Sentencing Reform Act contains no reform and ties the hands of judges. It will punish nonviolent Americans and compassionate citizens that provide patients with medical marijuana. I would like Rep. [Name] to tell me where s/he stands on this bill. S/he can send a letter to me at [Address] or an e-mail to [Address]. Thank you for your time.”
More Information:
The so-called Drug Sentencing Reform Act has yet to be introduced, but it will do the following:
** Tie the hands of judges by making it harder for them to reduce sentences for non-violent drug offenders. (It does this by expanding the so-called ‘Feeney Amendment’ to apply to drug offenses). This will mean longer sentences for non-violent offenses, with taxpayers like you picking up the cost!
** Mandates that most people on parole, probation or supervised release be subjected to random drug testing, even if their original offense had nothing to do with drugs. (If enacted, thousands of non-violent Americans could be sent to prison for years for smoking marijuana in the privacy of their own home and then failing a drug test.)
** Directs the U.S. Sentencing Commission to no longer allow lower sentences for non-violent drug offenders that have certain mitigating circumstances (such as being addicted to drugs) or for non-violent drug offenders that made a mistake and are otherwise good citizens.
** Enacts new draconian penalties for growing, distributing, and providing ‘high-potency’ marijuana to others, including medical marijuana – which often has a higher potency to better relieve the suffering of AIDS, Cancer, and other patients. If enacted, this provision will allow the federal government to send more medical marijuana patients and their caregivers to federal prison for years, in some cases decades.
** Read Rep. Souder’s explanation of his bill here (pdf). Our analysis is based on Souder’s explanation and our discussions with congressional staffers.

Side note: If you live in Indiana’s third congressional district, you might start thinking about getting a new representative.

Couple more days before I have time for regular posting again, but I wanted to alert you to this development (via TalkLeft).

Blogging is going to be a little bit light for the next week and a half.
I’m playing the piano for a production of “A Chorus Line” which will be going up Tuesday at 5:30 pm and Wednesday and Thursday at 9:30 pm (Nov. 18-20) in Capen Auditorium on the Illinois State University campus. Admission is free. So I’ve been in rehearsal 4-5 hours a night along with regular work for a couple of weeks, and this is the crunch time (and I’ve got to do more practicing on my own).
I’m also hosting a visiting guest artist (Chad Wise of New Millennium Theatre Company) on Saturday, plus doing a theatrical photo shoot for Illinois Wesleyan’s production of “Our Country’s Good” on Monday, and Illinois State’s production of “Pride’s Crossing” on Tuesday (after my performance of “A Chorus Line”). All of this combined with a busy time at work.
I’ll still let you know about any big news that comes up. But if you’re looking for more of a drug war info fix, be sure to check out Last One Speaks – Libby has some great stuff, having just returned from the Drug Policy Alliance Convention. Also, TalkLeft always seems to be on top of breaking news.
Check out some of the links at left and even more here.
When I get some time, I have an addition to make to the Drug War Victims page. It’s a story from some time ago that demands more attention than I can give it now.
Also, I’ve had inquiries as to setting up a forum for other people who have something to say about the drug war, but don’t have their own blog. So I’m going to be planning a more formalized guest rant arrangement. Start writing if you’re so moved, and feel free to send me any submissions you have.

Via Hit and Run comes this excellent article by Fox Butterfield in the New York Times: With Cash Tight, States Reassess Long Jail Terms.

In the past year, about 25 states have passed laws eliminating some of the lengthy mandatory minimum sentences so popular in the 1980’s and 1990’s, restoring early release for parole and offering treatment instead of incarceration for some drug offenders. In the process, politicians across the political spectrum say they are discovering a new motto. Instead of being tough on crime, it is more effective to be smart on crime.

Finally, a new motto: Smart on Crime. We need to hope that it takes root, and do everything we can to promote it.
For decades, we have watched politicians trying to one-up each other in being tough on crime.

Politician A: “I’m tough on crime.”
Politician B: “I’m tougher on crime. My opponent is actually soft on crime”
Politician A: “I’m toughest on crime. I’ve just proposed a bill to increase…”
Politician B: “My opponent’s bill isn’t as tough on crime as my new bill…”

By the time they’ve finished comparing penises, some pot smoker’s getting extended jail time, and we’re paying for it.
We’re buying new prisons; we’re paying for incarceration at a cost of around $24,000 per year per inmate; we’re facing the devastation in families and communities; we’re paying for bloated enforcement regimes; we’re paying in lost rights; in some cases, we’re paying with our lives.
And all because some politicians are afraid to appear flaccid.
But maybe, just maybe, we can convince them that “smart” is sexier than “tough,” and if politicians learn to be smart on crime, we could have some positive changes, because they’ll soon learn that:

• Putting away non-violent drug offenders isn’t being smart on crime.
• Spending more on drug enforcement than drug treatment isn’t being smart on crime.
• Locking up medical marijuana users isn’t being smart on crime.
• Jailing glass pipe makers isn’t being smart on crime.
• One-size-fits-all sentencing minimums isn’t being smart on crime.
• Having the largest prison population in the world isn’t being smart on crime.

Tell your elected officials that you want them to be smart.

Friday, on C-Span, our beloved Minister of Drug Policy Disinformation, a.k.a. the Drug Czar, was given the opportunity to repeat some of his favorite exaggerations, misleading data, and inoperative statements (a.k.a. lies). He also took phone calls.
It was an opportunity to see the Czar in action. He’s got the pitch down pretty smooth, although you could tell he’s not used to speaking in more than sound bites. After the first speech, he started repeating himself, rambling a bit, and interconnecting everything (although that’s an additional part of his bag of tricks).
There were about 4 phone calls divided between republicans and democrats. All of them opposed the current drug policy and John Walters. My favorite caller line:

“Mr. Walters, I think you’re a terrible hypocrite.”

I felt sorry for the callers. With all the crap that they’ve heard from the Drug Czar in so many areas, they finally had the opportunity to face him. The trouble: each caller seemed to try to address everything from medical marijuana to recreational legalization to drug war policies, to industrial hemp in one rambling question. This gave Walters the opportunity to answer any part he wanted and ignore the rest. Again, I understand — I’d probably do the same thing (I’m itching to debate him!)…

You should read What A Wonderful Wasted World by John Gleeson for the Winnipeg Sun

…That’s where a little history can help — in the form of a jazz story.

Something to let Grandma know that Reefer Madness is really Hello, Dolly.

That, yes, Satch was a viper, and his wonderful world was wasted, but it was wonderful all the same.

In the years after the Second World War, Louis Armstrong was bigger than popes or presidents.æ More than a jazz legend, he was the world’s most beloved entertainer — a symbol to war-ravaged Europe of America’s goodness, courage and indomitable cool.

No wonder that at the height of the Cold War the U.S.æ State Department tried repeatedly to send Armstrong and his All Stars to the Soviet Union to play; he was such an American turn-on.

He was also a daily marijuana smoker from about age 27 until his death in July 1971, one month short of his 70th birthday.

“We always looked at pot as a sort of medicine, a cheap drunk and with much better thoughts than one that’s full of liquor,” Armstrong told biographer Max Jones in his last years, when he decided to “tell it like it wuz.”

Armstrong, of course, couldn’t tell it exactly like it wuz.æ He had to deny he was a present user, but he was unequivocal in his praise of “gage,” as he called marijuana.

“We did call ourselves vipers, which could have been anybody from all walks of life that smoked and respected gage,” Armstrong said.æ “One reason we appreciated pot, as y’all calls it now, was the warmth it always brought forth from the other person.

“If we all get as old as Methuselah our memories will always be of lots of beauty and warmth from gage.æ Well, that was my life, and I don’t feel ashamed at all.æ The respect for it will stay with me forever.æ I have every reason to say these words and am proud to say them.æ From experience.”

Armstrong’s experience with marijuana warrants public exposure, because it counters so many clinical stereotypes.

Read the article for more about this extraordinary life. The article concludes:

You can say Armstrong did it to feel good — call it recreational if you like.

Or you can point to the unimaginable poverty of his childhood, the racism of his time, and say he used it as a crutch to take the edge off life’s pain.

You can risk ridicule and say he did it because it helped connect him to the truth as a man and an artist.

You can definitely say it’s too bad he smoked so much — he died of heart failure and, like the late Israel Asper, might have lived on for another decade if he didn’t smoke like a chimney.

But no one can say the mature Armstrong should have been denied his daily muggles — any more than you could deny Asper his daily packs.

They came and went in clouds of smoke.

End of jazz story.