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House Moves Bill to Extend US Drug Laws Overseas

Submitted by Phillip Smith on (Issue #704)
Politics & Advocacy

A bill that would allow federal prosecutors to charge people in the US with Controlled Substances Act violations for planning activities outside the US that violate US drug laws -- even if those acts are legal in the country where they take place -- has passed the House Judiciary Committee. The committee approved the measure, HR 313, the Drug Trafficking Safe Harbor Elimination Act, on a 20-7 vote last Thursday.

Lamar Smith
The bill is the brainchild of committee chair Rep. Lamar Smith (R-TX), who said in a statement that it was designed to close a "loophole" in US drug laws. "Drug traffickers are currently allowed to conspire with impunity in the United States and evade criminal prosecution when their goal is to traffic drugs outside of the United States," he said.

He cited the case of a cocaine trafficking conspiracy involving drugs shipped from Venezuela to Europe in which some meetings took place in Miami. The 11th US Circuit Court of Appeals overturned convictions in the case, reasoning that if there was no intent to traffic drugs in the US, there was no violation of US law.

"This bill tells drug traffickers not to plot their illegal activities in the US, and if they do, they will be brought to justice," said Smith. "The United States should not provide a safe haven for the world's drug traffickers to plot their international trafficking operations."

But, as Bill Piper of the Drug Policy Alliance noted, the bill is written so broadly that it could criminalize any violation of US drug laws if that violation is planned in the US. For instance, heroin maintenance therapy is illegal under US drug laws. As the law is written, a US health care professional who made plans to work with colleagues doing heroin maintenance in a country where it is legal could potentially face prosecution.

"Under this bill, if a young couple plans a wedding in Amsterdam, and as part of the wedding, they plan to buy the bridal party some marijuana, they would be subject to prosecution, Piper told the Huffington Post. "The strange thing is that the purchase of and smoking the marijuana while you're there wouldn't be illegal. But this law would make planning the wedding from the US a federal crime."

While the bill has passed the Judiciary Committee, it still must pass the House Energy and Commerce Committee, where it is currently bottled up in the Subcommittee on Health, before it can go to a House floor vote.

Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.

Comments

Ziggy (not verified)

Why would anyone allow that photo?  He looks like a very sleazy character that I wouldn't imagine voting for. People from TX amaze me with their choices for leaders.

Sun, 10/09/2011 - 9:50pm Permalink
Tony Aroma (not verified)

Here's the entire text of that bill:

Whoever, within the United States, conspires with one or more persons, or aids or abets one or more persons, regardless of where such other persons are located, to engage in conduct at any place outside the United States that would constitute a violation of this title if committed within the United States, shall be subject to the same penalties that would apply to such conduct if it were to occur within the United States.

 

It specifically says that this applies only to people who engage in these activities within the US. Where are you getting that this applies to activities outside the US?

Mon, 10/10/2011 - 3:43pm Permalink
MS (not verified)

...I mean what are they gonna do?  Send DEA agents to Amsterdam to spy on American vacationers?  Then have them arrested as they return to the US?  Lamar Smith has gotta go.  This country is in awful shape economically and THIS is his contribution?  He needs to get his priorities straight!

Mon, 10/10/2011 - 4:16pm Permalink
Moonrider (not verified)

In reply to by MS (not verified)

who is holding up Ron Paul's and Barney Frank's marijuana bill in committee claiming it will NEVER see the light of day on the House floor.  There is a facebook page devoted to getting him out of congress.  Problem is, some other prohibitionist politician will fill his shoes as soon as he's gone.  Our only chance to turn this all around is Ron Paul!

Tue, 10/11/2011 - 3:09am Permalink
saynotohypocrisy (not verified)

In reply to by Moonrider (not verified)

The local Board of Elections is sending me the form to change my registration - much more convenient than having to go there in person. I'd be happy to vote for him against Obama if I get the chance. But even reformers who wouldn't, because other issues are more important to them, should consider changing their registration so that they can vote once next year for the only guy who takes us seriously. That's the message I'll be pushing in the coming months.

Wed, 10/12/2011 - 11:07am Permalink
Anonymoudrmaddogs (not verified)

In reply to by Moonrider (not verified)

Last I heard, the Dept. of Home Land Security was the HolDup... get it ?? Homeland security, lol.

 

When something needs to be shelved, it's sent to Homeland Security, as that Dept can Legally ignore anything it wants,,, cause?? It's all about Homeland Security!

Thu, 10/13/2011 - 11:38am Permalink
Anonymoudrmaddogs (not verified)

In reply to by MS (not verified)

What are they going to do- monitor communications... currently, all web traffic and cell phone traffic is subject monitoring by the National Security agencies taskforce. A cooperative agreement exist with the other countrys in DEA mandates. If a person enters a known "shop", there is nothing to prevent monitoring "activity". All about having "something" on "someone".

 

In essence, the new J. Edgar Hoover  mentality is in full force.

Thu, 10/13/2011 - 11:25am Permalink
Giordano (not verified)

Congressman Lamar Smith, 21st District Texas, and Chairman of the House Judiciary Committee, wants to make thought-crimes the raison d'être for continuing the drug war.  Or maybe it’s the drug war that makes thought-crimes an option for people like Lamar.  Either case is a good reason to end the war on drug users.  

HR313 may never become law, but it paints a dynamic portrait of the prohibitionist mind.  Thought-crimes are symptoms of a totalitarian society, as well as a type of government nearly every Texas Repukelian politician appears to emulate.  Despite what Lamar thinks, thought crimes are quintessentially anti-American.

On Oct. 6, 2011, Lamar Smith also  “called for NASA’s inspector general to investigate the politicization of the agency.” [Lamar claims the politicization] “stems from a NASA-internal report showing that Obama Administration political appointees ‘focus on Democratic political goals, not national goals,’ creating a dysfunctional and hostile work environment for NASA’s career civil servants.”—which of course is a total crock.  Republicans almost never support science, which is why only about 6% of established, accomplished scientists vote Republican.  Anti-science mindsets are the reason why so many politicians deny the science behind cannabis and other drugs.

Texans need to be ashamed of the kinds of politicians they foist onto the rest of the country, just as the rest of the country is usually ashamed of Texas for doing so.  Lamar Smith is the archetype for the label ‘stupid American’, which is an epithet often used by Europeans.  He needs to be voted out of office in order to improve international relations. 

Giordano

Tue, 10/11/2011 - 1:19pm Permalink
Moonrider (not verified)

In reply to by Giordano (not verified)

Face it, NEITHER party gives a fuck about anything except their own power, quit doing the yoyo thing between them, as long as that continues they will succeed in turning every American into slaves for them to fuck over whenever they wish. its time for America to have a paradigm change, to stop expecting either the entrenched Rs or Ds to ever do anything Constitutional.

That is why we need Ron Paul, he is the ONLY candidate (in spite of the R behind his name) who WILL force government to abide by its Constitutional limits and respect the unalienable rights of the People.

Wed, 10/12/2011 - 3:33am Permalink
Guest (not verified)

I'm planning to head downstairs for some cannabis in about 5 minutes.  Someone alert Congress!  Raise the threat level to Red!  Print some more money off, quick!

Thu, 10/13/2011 - 11:16am Permalink
joebanana (not verified)

Oh, a hair hat. Now,how do you like that? Could be a dead cat. Or a big rat. That's animal cruelty, killing it and displaying it on your head, as some kind of badge, in public no less? Give this clown a drug test. Do we really pay people to think this crap up? Is this all these people have to do? How about a bill making fraud, forgery, and identity theft a crime? How about a bill making it illegal to supply known drug cartels with guns? How about a bill making it illegal to violate the oath of office? Or, dereliction of duty, or failure to act? How about some bills to protect the people from the government?

Thu, 10/13/2011 - 6:31pm Permalink
TrentO (not verified)

The same Rep. Lamar Smith  that wouldn't let Ron Paul's Marijuana legalization bill get into commity? I hope this Ass hole gets voted out.

Thu, 10/13/2011 - 7:34pm Permalink

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