As Mexico's war on drugs continues to spiral out of control, pressure is mounting for a new approach. A conference in Mexico City this week had a few suggestions.
John J. Dilulio Jr. once coauthored a 1996 book entitled Body Count: Moral Poverty...And How to Win America's War Against Crime and Drugs. The other two authors were Bill Bennett and John Walters, both former drug czars and infamously rabid prohibitionists. I haven't read the book, but I'm sure it's a thick serving of ugly drug war propaganda.
And I'm sure it sounds nothing like what Dilulio wrote this month in Democracy Journal:
… legalize marijuana for medically prescribed uses, and seriously consider decriminalizing it altogether. Last year there were more than 800,000 marijuana-related arrests. The impact of these arrests on crime rates was likely close to zero. There is almost no scientific evidence showing that pot is more harmful to its users’ health, more of a "gateway drug," or more crime-causing in its effects than alcohol or other legal narcotic or mind-altering substances. Our post-2000 legal drug culture has untold millions of Americans, from the very young to the very old, consuming drugs in unprecedented and untested combinations and quantities. Prime-time commercial television is now a virtual medicine cabinet ("just ask your doctor if this drug is right for you"). Big pharmaceutical companies function as all-purpose drug pushers. And yet we expend scarce federal, state, and local law enforcement resources waging "war" against pot users. That is insane.
Well, it certainly is and Dilulio deserves credit for his candor, particularly given the likelihood of hugely pissing off his former colleagues (not that they don't deserve it). I hope we hear more from him, both because there's nothing more powerful than former drug warriors speaking out for reform, and because I'm just intensely curious if there were specific events or observations that triggered the evolution of his thinking on these issues.
Moments like this illustrate something powerfully important: any of our opponents could come around at any time. Most won't, and predicting who will is probably impossible, but recognizing that any of these people could potentially end up on our side someday is instructive in terms of how we might choose to interact with them on the rare occasions that big-time drug warriors emerge from their bunkers for public engagement.
It's so easy to just hate the hell out of these people that want to put us in jail, that lie reflexively and professionally, and that preside over monumental injustices with smug callousness. But we have nothing to gain by loathing them and much to lose if our frustration betrays opportunities to build bridges that could one day foster further defection from the ranks of the great drug warrior army.
As the war on drugs continues to cascade out of favor with academics, politicians and the public, those whose careers have been defined by defending it will suffer the greatest disillusionment and may soon crave the embrace of the kind, generous and forgiving people they spent so many years trying to destroy. It would serve our interests well to make it clear that they are always welcome among us.
The New Hampshire House Wednesday voted 214-137 to decriminalize the possession of small amounts of marijuana, but the measure faces an uncertain future after Gov. John Lynch (D) immediately threatened to veto it. The House tally leaves supporters about 20 votes short of a veto-proof majority.
Under the bill, HB 1653, adults caught possessing or transporting up to a quarter-ounce of pot would be subject to a $400 fine. Minors caught with a quarter-ounce or less would be subject to a $200 fine and their parents would be notified. Youthful offenders would also have to complete a drug awareness program and community service within a year or face an additional $1000 fine. Under current New Hampshire law, small-time pot possession is a misdemeanor punishable by up to a year in jail and a $2,000 fine.
The House passed a similar measure in 2008, but it died in the Senate after Gov. Lynch threatened to veto it. Last year, the House dropped decrim and instead concentrated on passing a medical marijuana dispensary bill. Lynch vetoed that. The House overrode his veto, but the Senate came up two votes short.
Lynch was back in form on Wednesday. "Marijuana is a controlled drug that remains illegal under federal law. I share the law enforcement community's concerns about proliferation of this drug," Lynch said. "In addition, New Hampshire parents are struggling to keep their kids away from marijuana and other drugs. We should not make the jobs of parents — or law enforcement — harder by sending a false message that some marijuana use is acceptable."
“This makes three years in a row that the House has passed a bill attempting to reform New Hampshire’s archaic marijuana policies,” said Matt Simon, executive director for the New Hampshire Coalition for Common Sense Marijuana Policy, which led the lobbying fight for the bill. “Unfortunately, Gov. Lynch has continued to show little interest in learning what the House has learned about these issues.
The bill now goes to the Senate. But unless advocates can pass it overwhelmingly there and come up without another 20 or so votes in the House, it is likely to meet the same fate as the 2009 decrim bill and last year's medical marijuana bill.
Kansas Gov. Mark Parkinson signed into law Tuesday HB 2411, which adds certain synthetic cannabinoids to the state's list of controlled substances. The bill is aimed directly at products containing a mixture of herbs and a powdered synthetic cannabinoid, JWH-018, which was isolated by a Clemson University researcher more than a decade ago. The products are sold under a variety of names, including Spice and K2.
Kansas thus becomes the first state to ban K2, although a handful of localities in the region have already done so. A similar bill is working its way through the legislature in neighboring Missouri, and one is about to be introduced in Georgia. And, as law enforcement across the country jumps on the bandwagon, expect similar prohibitionist efforts to pop up in other states.
Users report a marijuana-like high from using the blends. Although some adverse reactions have been reported, the number is small compared to the reported massive sales of the products.
Under the new law, which goes into effect upon publication in the state register, possession of K2 becomes a misdemeanor punishable by up to one year in jail and a $2500 fine. That's the same potential punishment as awaits someone busted for small-time marijuana possession in the Jayhawk State.
“This legislation has received overwhelming support by Kansas law enforcement and the legislature,” said Parkinson in a signing statement. “It will help improve our communities by bettering equipping law enforcement officers in addressing this issue and deterring Kansans from drug use.”
The governor is certainly correct about who supported the bill. Testifying for it were representatives of the Kansas County and District Attorneys Association, the Kansas Association of Chiefs of Police, the Kansas Sheriffs Association, the Kansas Peace Officers Association, and the Kansas Board of Pharmacy.
An awesome presentation from Judge Jim Gray. He really nails a lot of important points in a few short minutes:
I will make one comment on Judge Gray's discussion here with regards to his statement that politicians are benefiting from the war on drugs. This has certainly been true in the past, but we're witnessing a palpable shift in the way these issues are approached in mainstream politics.
The drug war has become so deeply unpopular among a sizable segment of the population that the White House felt it necessary to publicly reject the "war" metaphor. It was a shrewd and arguably disingenuous political maneuver, but it illustrates vividly how far removed we are from the days when politicians went out of their way to impress the public with tough lock 'em up rhetoric. You don't hear many mainstream politicians bragging about their drug war credentials these days. Heck, Obama's most popular drug policy decision since taking office was his effort to curtail DEA raids in medical marijuana states.
We need to stop selling the idea that supporting the drug war is good for politicians. We don't want them thinking that, and it isn’t really even true anymore.
Some legislators in Vermont aren't thrilled about a bill to create 5 medical marijuana dispensaries in the state:
The bill has drawn opposition from the Department of Public Safety, where officials say they worry that dispensaries would fuel increased illegal drug use.
Well, I certainly understand your concerns, ladies and gentlemen, and I thank you for sharing them. Allow me to clarify one thing though, if I may; this is legal drug use we're talking about here. This is for sick people using marijuana legally with a doctor's recommendation.
You see, Vermont's patients can only obtain their medicine from illegal sources currently, so this is actually about creating a legal option and reducing illegal activity. If anyone is still anticipating problems here, I would refer you to the fact that you live in Vermont. Your neighbor grows marijuana. Vermont's epic pre-existing marijuana supply will not be substantially impacted by 5 little dispensaries that only sell to sick people. If your happy life in Vermont hasn’t already been ruined by hippies, then you have nothing to worry about with this, I assure you.
Cliff Kincaid, kingpin of paranoid prohibitionists, blames last week's Pentagon shooting on the attacker's use of medical marijuana. That's right folks, marijuana makes you kill people. Meanwhile in Los Angeles, where they have more medical marijuana dispensaries than Starbucks, the murder rate is at its lowest level since 1957.
Gov. Bill Richardson (D) Monday signed into law a bill that removes one obstacle to employment for people with criminal convictions. The bill, SB 254, the Consideration of Crime Convictions for Jobs bill, will remove the question of public job applications about whether a person has been convicted of a felony, leaving such questions for the interview stage of the hiring process.
The bill applies to job application for state, local, or federal public jobs. It does not apply to private sector employers. It passed the Senate 35-4 and the House 54-14.
Known as "ban the box," such bills are designed to allow ex-convicts a better opportunity to re-enter the job market. Having a job is a key means of reducing recidivism.
The measure passed the Senate 35-4 and the House 54-14. New Mexico now becomes the second state to pass such legislation. Minnesota passed a similar measure in 2009. Some cities, including Boston, Chicago, Minneapolis, and San Francisco have passed similar measures as well.
"Lots of young people - and old people, too - have that one stupid mistake they made years ago," said Republican Sen. Clint Harden, a former state labor secretary who sponsored the bill. The bill gives them a chance to explain before they are shut out of the hiring process: "Yeah, I had a felony when I was 22, I got caught for possession with intent, I did probation, that was 15 years ago, and I don't do drugs now and yadda yadda," he told the Associated Press late last month.
"We thank Gov. Richardson for signing the 'ban the box' bill," said Julie Roberts, acting state director of Drug Policy Alliance New Mexico. "The governor and the New Mexico legislature affirmed their support for people with convictions to be given this opportunity for a second chance. This bill will make our communities safer and keep families together by providing job opportunities to people who need them most."
One in five Americans has a criminal record, and Roberts is one of them. She had a drug bust at age 18. "Since then, I've gone to college, I have had internships, I haven't been in trouble for eight years but I still have to check the box," she said. "There's a lot of people like me. This new law will allow individuals who are qualified for a position the chance to get their foot in the door," she said. "As a person with a criminal conviction, this law will not only help me, but others around the state who made a mistake years ago and are now rebuilding their lives."
In addition to the Drug Policy Alliance, the bill was supported by the New Mexico Conference of Churches, the Lutheran Advocacy Ministry of New Mexico, the New Mexico Public Health Association, the Women's Justice Project, and Somos Un Pueblo Unido.
As more states begin to consider reforming marijuana laws, legislators are struggling to sort fact from fiction in the marijuana debate. Fortunately, we've already made enough progress that we have plenty of practical experience studying the impact of marijuana reform.
Our friends at NORML have compiled this useful and revealing information in a new report, Real World Ramifications of Cannabis Legalization and Decriminalization. It's an excellent resource that ought to help any reasonable person understand why ending marijuana prohibition will make the world a better place.
Via Radley Balko, here's a perfect example of routine policing in the war on drugs. If it sounds supremely pathetic, that's because it is:
Another tip from a watchful citizen early Tuesday morning brought the Greensburg Police Department closer to exterminating the drug problem in the city. …
The caller advised that there was suspicious activity, strange noises and unusual odors coming from the apartment. When GPD officers arrived, the strange smell was identified as "burnt marijuana," Chief Heaton reported.
After identifying the apartment that was emitting the odors, the GPD attempted to make contact. But inside the apartment, no one answered.
Working quickly to establish probable cause, the officers sought to obtain a search warrant from the office of the Decatur County Prosecutor.
In the interim period before the warrant was granted, the GPD kept a secure perimeter around the residence, making sure that no one went in or out of the apartment, Chief Heaton explained.
"It definitely tied up our units (for about two hours)," Heaton said.
The search warrant was secured and served at 1:23 a.m. Tuesday. Upon gaining entry to the apartment, the police found marijuana and proof of marijuana consumption and the five suspects were arrested. [Greensburg Daily News]
What a horrible place Greenburg, IN must be if the police have nothing better to do than this and the newspaper has nothing better to do than report every agonizing detail of it. The whole thing is so impressively lame, I can hardly believe I'm reading it. Good luck "exterminating the drug problem" in Indiana's most boring city.
Even though there was no Chronicle last week--due to your editor's death-battle with a vicious Mexican bug; I only returned to the land of the living on Friday--things continued to happen anyway. Here are a handful of items that would have been in the Chronicle had there been one last week:
On Tuesday, Guatemala's national police chief and its head narc were arrested for links to drug traffickers and for the murders of five policemen. Police Chief Batlazar Gomez and anti-drug head Nelly Bonilla were arrested during an "investigation into a drug robbery (in April 2009) in Amatitlan, which those detained today are believed to have participated in", said Attorney General Amilcar Velasquez. Five police officers were killed during the robbery. The pair currently face charges of conspiracy, breaking and entering, abuse of power, making illegal arrests, drug trafficking, obstruction of justice, illegal possession of firearms and ammunition.
On Thursday, Wisconsin Gov. Jim Doyle signed into law a bill banning salvia divinorum. That makes Wisconsin the 19th state to move against Sally D. A few states have limited its sale to adults, but most of those states have simply banned salvia. The Wisconsin bill, AB 186, bans the manufacture, distribution, or sales of salvia—although not its possession—and backs it up with a $10,000 fine.
I'm back at it now, and that means the Chronicle will be back on Friday. In the meantime, I'll most likely post a story or two in the blog just to see if you're paying attention.
Stop the Drug War (DRCNet) is an international organization working for an end to drug prohibition worldwide and for interim policy reform in US drug laws and criminal justice system. Read more about DRCNet.
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