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The Speakeasy — Chronicle Blog

Get the inside scoop from Drug War Chronicle editor Phil Smith (and the occasional friend) on what stories are coming up, key questions he's asking people, news stories that might not make the Chronicle but where there's a point to be made, the worst-quality mainstream media coverage, etc.

Students for Sensible Drug Policy Responds to the Arrests at San Diego State

Just watch the finesse with which SDSU's chapter of Students for Sensible Drug Policy responded to the arrest of 75 of their classmates:

SDSU-SSDP President Randy Hencken's superb performance shows how effectively one can reframe the issue by choosing smart and appropriate talking points. There are many interesting, and truthful, drug policy reform arguments that would nonetheless have been poorly applied here. As the video shows, a disciplined and mature reaction from reformers resulted in positive press coverage.

There is another lesson here, however, that should not go unnoticed: the reform argument came off strong because we had people on the ground at San Diego State well before the DEA showed up to haul students away in handcuffs. SSDP is a growing presence on campuses throughout the nation and beyond. Each new chapter increases our chances of being organized and prepared when the next such opportunity presents itself.

If you're in school and you don’t have a chapter, go here now. Whether you're looking to organize events or just stay informed and make some friends, you'll find what you’re looking for. This is where the next generation of reformers is coming from.

Drug Cops Raid Innocent Man, Shoot Him 5 Times, Then File Bogus Charges

His name is Tracy Ingle and he's alive, but he needs help.

1. They raided his house from multiple entrances, bashing down his front door with a battering ram and crashing through his bedroom window.

2. He grabbed a broken gun to scare what he thought were burglars and was subsequently shot 5 times. One bullet remains lodged above his heart.

3. In jail, they withheld his pain medication and antibiotics. They ignored his doctor's instructions to change his bandages and clean his wounds. He became infected.

4. They found no drugs but charged him with drug dealing. His sister claims ownership of the scale and baggies which form the basis for the drug charge. She uses those things for making jewelry.

5. He pawned his car to make bail so he had to walk 2 miles on crutches to his first court appearance. His leg was still infected.

6. On the warrant, the words "crack cocaine" are scratched out and replaced with "methamphetamine," suggesting the document may have been illegally altered after the judge approved it.

7. A neighbor who saw the whole raid now refuses to talk after a visit from the police. They assured him that "he did not see what he thought he saw."

If you can handle it, Radley Balko has much more.

[Ed: Sign our petition to Congress, state legislators, governors and the president to stop these dangerous raids from happening, and click here to learn more about the issue and campaign.]

Mississippi Drug War Blues: The Case of Cory Maye

Drew Carey's latest reason.tv video features the horrific story of Cory Maye, an innocent man who sits in prison after killing an intruder in his home who turned out to be a police officer executing a drug warrant meant for someone else.

This video is required viewing for anyone who thinks they have an opinion about the drug war. If you don't know Cory's story, and the countless others like it, you don't understand what the drug war really is, what it does to innocent people, and how it has corrupted the administration of justice in America.

[Ed: Sign our petition to Congress, state legislators, governors and the president to stop these dangerous raids from happening, and click here to learn more about the issue and campaign.]

Marijuana: UK’s Police and Drug Policy Experts Object to PM’s Reefer Madness

Finally making good on his proposal nearly a year ago, British Prime Minister Gordon Brown’s reclassification of marijuana as a class B drug is so obtuse and such poor public policy that the police are refusing their newly-given power:

Nearly six out of 10 cases of cannabis possession used to be dealt with by arrest and formal caution before it was downgraded. But police chiefs are not expected to return to such a practice, blamed for wasting thousands of officers' hours that could be spent on other crime-fighting duties.

The Association of Chief Police Officers told the Guardian: "The key will be the discretion for officers to strike the right balance. We do not want to criminalise young people who are experimenting."

When police go so far as to reject an increase in their power, especially when it comes to drugs, it should be clear that your policies are laughable. Adding to his obtuseness, PM Brown rejected the recommendation of his own panel of 23 highly-qualified drug policy experts when they ruled harsher reclassification was the wrong thing to do. It’s doubtful, but hopefully the combination of objections by UK law enforcement and drug policy experts will finally make him realize, and admit, that the policy is flawed.

Making this reclassification even more ridiculous, the government is having major problems keeping drugs out of the hands of prisoners:

DRUGS worth more than £100million are being traded in prisons every year, it was revealed yesterday.

The claim was made by a former drugs treatment chief who said half of all prisoners are addicts.

As much as 44lb (20kg) of narcotics, mainly heroin, were smuggled into jails every week said the former official, Hussain Djemil.

It seems there should be more pressing concerns for British drug policy officials. If they can’t keep hard drugs out of the prisons (which come complete with strip and body cavity searches, drug dogs, prison guards, constant surveillance, etc.), what’s the point of increasing sentences for a soft drug like marijuana? Of the millions of cannabis users, some of those who will be caught will go to jail for even longer where they will be exposed to a 100 million dollar industry that will provide them cheaper drugs! Once again, how and why is reclassification going to be an effective deterrent?

Police refusing to adhere to the reclassification policy is a wonderful sign. It sets a good precedent of dissonance toward misinformed or abusive authority that is rarely seen directed toward elected officials over drug policy matters. If more police chiefs would follow this example, drug prohibition would be in greater jeopardy. Hopefully this will lead to more reasonable people standing up in civil disobedience against drug policies that they know to be immoral and ineffective.

British Prime Minister Ignores His Own Experts and increases Penalties for Marijuana

It's official. The British government is reclassifying marijuana to make possession a more serious offense. Use has been declining since they reduced penalties in 2004. However, instances of morons claiming marijuana can kill you have increased dramatically. Looks like the morons won this round:

Smith's expected announcement (Watch the video here.) comes just days after British Prime Minister Gordon Brown — who has been afflicted with a severe case of 'Reefer Madness' since taking office last June — raved that consuming cannabis can be fatal, and that strict penalties on pot are necessary in order to "send a message" to young people that marijuana smoking is "unacceptable."

Ironically, the Home Secretary’s formal announcement contradicts the official recommendations of Britain’s Advisory Panel on the Misuse of Drugs, which released its own report today finding that pot lacks the potential health risks of most other illicit drugs, and that its use is unlikely to trigger mental illnesses, such as schizophrenia. [NORML]

As people around the world continue to die from everything except marijuana, one begins to realize how destructive it really is to go around making such a spectacular fuss about it. The time and resources spent pretending marijuana is so dangerous + the time and resources spent pretending to protect us from it with laws that don't even work = a whole mess of actual bad things that could be dealt with more effectively. There will never be one minute of a police officer's time or one dollar of a nation's crime control budget that is best spent combatting marijuana use. Not ever.

Marijuana has been failing to hurt people for thousands of years. If only the same could be said for police, politicians, and the press.

Nobody is Safe from Drug Prohibition’s SWAT Teams

Yet another SWAT team raid has gone horribly bad. A group of police officers stormed a house looking for suspected drug dealers. But this otherwise normal situation is somewhat out of the ordinary because there was actually a relatively wealthy, affluent person who was unwittingly targeted:

The [police officers] were together Wednesday night, battering down the door of a suspected drug house, when two men on the other side nearly ended their lives, police said.

Gillis and Garrison remained in Grant Medical Center last night, recovering from serious gunshot wounds, as investigators worked to build the case against the two men accused of shooting them during a raid gone awry on the Near East Side.

One of the accused is Derrick Foster, a 38-year-old former defensive end for Ohio State University who police said has no criminal record.

The article also states that a work review called Foster "an asset to the Near East Side" of the neighborhood where he was employed as a Columbus code-enforcement supervisor. He was a pillar of society. When he heard the police bust in the door of his friends house, he mistook them for a team of robbers and fired his legally-owned weapon. He was not under any investigation, others in the house were. Here is the official police story on what took place:

Officers with the narcotics bureau's Investigative and Tactical Unit had received a warrant to search the house at 1781 E. Rich St., just north of Main Street. They approached about 9:45 p.m.

IN/TAC officers are trained for such raids and make eight to 12 a week across the city, police said. They follow a specific procedure that includes announcing their presence immediately.

"The whole time they're pounding on the door, they're yelling, 'Police!'," division spokeswoman Amanda Ford said.

But according to a witness, the only alert given was for the windows to be broken. The police spokeswoman, who wasn't there, apparently knows something that the witness doesn't. In addition, even if the police did yell, I can think of several completely plausible explanations why people in a home may not hear such an announcement – they’re listening to loud music, they’re in the basement working with loud machinery, they’re asleep and using earplugs, etc. Also, the article stated "police didn't know who might be in the house when they raided it." I question the intelligence and responsibility of the decision to raid a house when they had no idea who might be there. In this case, an innocent man (or men) was exposed to a traumatic experience that ended in a horrible way. What if his daughter had been there too?

What this shows is that anybody could be the target of one of these raids. This is not just a problem for the underprivileged. Foster is a college-educated middle-class father. He owned a legal firearm, a right granted in part for the purposes of self-protection. Attempting to protect himself, he now faces two counts of felonious assault and attempted murder.

It is extremely fortunate that this didn’t turn out even worse. Both of the policemen that were wounded are thankfully expected to recover. But the sad truth is that Foster’s five-year-old daughter is probably going to have to grow up with her father in prison because of this futile drug prohibition-related insanity. Yet another American family destroyed by the increasingly indiscriminate drug war.

News Release: Will SDSU Drug Bust Coverage Raise the Critical Questions?

Will SDSU's Drug Bust Reduce Drug Availability on Campus in the Future?

Advocates Urge Media to Look Beyond the Surface, Ask Critical Questions About Raid's Long-Term Implications for Drug Trade (or Lack Thereof)

In the wake of a major drug bust at San Diego State University, in which 96 people including 75 students were arrested on drug charges as part of "Operation Sudden Fall," advocates are asking media outlets to go beyond the surface to probe whether drug laws and enforcement actually reduce the availability of drugs.

"Cocaine was banned in 1914, and marijuana in 1937," said David Borden, executive director of StoptheDrugWar.org, "and yet these drugs are so widely available almost a century later that college students can be hauled away 75 at a time for them. That is the very definition of policy failure."

Borden, who is also executive editor of Drug War Chronicle, a major weekly online publication, continued: "Since 1980, when the drug war really started escalating under the Reagan administration, the average street price of cocaine has dropped by a factor of five, when adjusted for purity and inflation. (1) Given that the strategy was to increase drug prices, in order to then reduce the demand, that failure has to be called spectacular." Drug arrests in the US number close to 1.5 million per year, but to little evident effect as such data suggests.

Ironically, San Diego County District Attorney Bonnie Dumanis painted a compelling picture of the drug war's failure in her own quote given to the Los Angeles Times: "This operation shows how accessible and pervasive illegal drugs continue to be on our college campuses and how common it is for students to be selling to other students."

"While SDSU's future drug sellers will probably avoid sending such explicit text messages as the accused in this case did, it's doubtful that they will avoid the campus for very long," Borden said. "In fact the replacements are undoubtedly already preparing to take up the slack. By September if not sooner, the only remaining evidence that 'Operation Sudden Fall' ever happened will be the court cases and the absence of certain people from the campus."

"Instead of throwing away money and law enforcement time on a policy that doesn't work, ruining lives in the process, Congress should repeal drug prohibition and allow states to create sensible regulations to govern drugs' lawful distribution and use. At a minimum, the focus should be taken off enforcement," said Borden.

— END —

1. Data from DEA STRIDE drug price collection program, adjusted for inflation using the Bureau of Labor Statistics' Consumer Price Index figures. Further information is available upon request.

John Conyers Demands Answers From DEA Over the Medical Marijuana Raids

Just read this fantastic letter (pdf), which Judiciary Committee chairman John Conyers (D-MI) sent to DEA's acting administrator Michele Leonhart. Considering the infinite variety of questions one might have to ask in the hopes of understanding what the hell DEA thinks it's doing, Conyers does a pretty good job of covering the bases. His questions are so good, I suspect someone else may have helped write them.

Should DEA fail to provide a satisfactory response, Conyers will initiate Congressional hearings to get the answers that he and the American people have been demanding for too many years now.

Dia Mundial de la Marijuana (Global Marijuana Day), Mexico City

Here in Mexico's capital, several thousand people gathered at the Alameda Central, a large park in the historic center of the city, to celebrate Global Marijuana Day. Punks, Goths, hippies, and members of all the other "urban tribes" that constitute the youth counterculture of one of the world's premier cities came together for a day of respect, tolerance, music, and above all, to call for the legalization of the sacred herb.

Of course, it's not just the youth cultures of Mexico City that we're talking about here; it's the global cannabis culture. Cannabis Nation knows no boundaries. In many respects, I could have been standing in Memphis or Malmo or Madrid or Mombasa or Minsk--the t-shirts and slogan are the same, the concerns roughly identical. I'll say this for the global prohibition of marijuana: It has created a global culture of resistance that supercedes national identities or barriers.

The music and musicians were spot-on, but lyrically and rhythmically. Some of the songs were pure celebration:

We're going to the beach and I wanna smoke
We're going to dance and toke

Some of the songs were highly politicized and, naturally, critical of the US. One rapper compared Bush ("creating hell on earth") with Hitler and Hernan Cortes, placing him squarely in a particularly Mexican pantheon of villains.

Speaking of politics, one of the great battles going on in Mexico right now is over the government's efforts to privatize Pemex, the state oil monopoly. For many Mexicans, Pemex is a symbol of the Revolution a century ago that overthrew foreign domination. After the Revolution, the Mexicans expropriated the foreign oil companies; now they fear the government is going to give the national oil industry back to the foreigners. One sign at the march tied that struggle to the struggle for marijuana legalization:

Mariguana y petroleo
Eso es nuestro patrimonio

Marijuana and Oil
That's our patrimony

The police presence was minimal, and as far as I could see, there were no problems and no arrests, although pot-smoking was open and frequent throughout the day.

I took lots of photos, as you can see. (Sixteen more below the fold.)Sadly, my memory stick got full, and I missed some of the potentially most impressive shots, when the multitude was marching down Avenida Juarez, past the Bellas Artes palace and in front of some of the old colonial buildings in the city center. Still, Global Marijuana Day in Mexico City was a trip. Enjoy the photos, and look for a full report on the action in the Chronicle later this week.

Don't Use Text Messages to Advertise Your Cocaine Prices

When I heard today that 75 students at San Diego State University were arrested on drug charges, something didn't sound right. That's just a hell of a lot of people, and in light of the drug war's typically flimsy evidentiary standards, I leaned towards the assumption that more than half of them probably didn’t do a damned thing.

That may still be true, but after learning how reckless and cavalier these guys were, I'm less shocked by the outcome:

"Undercover agents purchased cocaine from fraternity members and confirmed that a hierarchy existed for the purpose of selling drugs for money," the DEA said.

A member of Theta Chi sent out a mass text message to his "faithful customers" stating that he and his "associates" would be unable to sell cocaine while they were in Las Vegas over one weekend, according to the DEA. The text promoted a cocaine "sale" and listed the reduced prices. [AP]

Um, had you ever heard of the drug war, you idiot? Why not advertise on Craigslist while you're at it.

Many will say they had it coming, but I sympathize nevertheless. The lure of the black market sucks these guys in like a whirlpool. It is precisely the sort of people who would behave this way that are drawn forcefully towards such activity, empowered by it, and ultimately destroyed by the state at tremendous expense to the taxpayer.

If someone responsible and accountable to the public were charged with distributing these substances to those determined to consume them, we wouldn't have conspicuous drug monopolies creating disorder on college campuses across America. We wouldn't have to pay for young people to be investigated and convicted, then sent away to a horrible place where taxpayers must buy their food and clothing and medical care and even fund their reintegration into society.

Look no further than the fact that college students are getting hauled out of college 75 at a time for drug violations to know that our drug policy isn't working at all.

Man Dies After Being Denied a Liver Transplant For Using Medical Marijuana

Rest in peace, Timothy Garon. I'm not making it up, this really happened:

SEATTLE (AP) — A man who was denied a liver transplant because he used marijuana with medical approval to ease the symptoms of hepatitis C has died.

His death came a week after his doctor told him a University of Washington Medical Center committee had again denied him a spot on the liver transplant list because of his use of marijuana, although it was authorized under Washington state law.

They let him die. They let him die because he took his doctor's advice and used medical marijuana to treat his hepatitis C.

Here's what the Washington Post, a reputable news source, said about marijuana and hepatitis C. This is from 2006, a long enough time ago to make policy changes:

Marijuana can improve the effectiveness of drug therapy for hepatitis C, a potentially deadly viral infection that affects more than 3 million Americans, a study has found. The work adds to a growing literature supporting the notion that in some circumstances pot can offer medical benefits.

So marijuana is effective in treating hepatitis C, unless of course, the fact that you used marijuana is held up as an excuse to deny you a liver transplant, in which case using marijuana will get you killed. If what they did to Timothy Garon doesn't qualify as medical malpractice, then it's time to rewrite the rules.

Bloody Culiacan

As we reported on Friday, Culiacan, the capital of the northwestern Mexican state of Sinaloa, was the scene of a two-day forum last week, the International Forum on Illicit Drugs, where there was much criticism of the Mexican drug war and the planned escalation of it envisaged by Plan Merida, the $1.4 anti-drug aid package cooked up by the Bush and Calderon administrations.

The so-called "narco-violence," which might more accurately be called "prohibition-related violence," was, unsurprisingly, a central concern of presenters at the forum. In the year and a half since President Calderon took office and unleashed the Mexican military on the narcos, some 4,000 people have been killed. As if to punctuate that concern, just as the conference was wrapping up Wednesday, a series of armed confrontations broke out in central Culiacan.

Sparked by a joint military-federal police sweep that was attacked by AK-47-wielding narcos in a Chevy Tahoe, gun battles broke out across the city as narcos swooped in to lend aid to their colleagues being harassed and captured by the law and other, rival narcos intervened. In one shoot-out between rival narco factions, two men were killed. In another shoot-out, between narcos and state police, two cops were killed. The military and police arrested 13 presumed cartel gun-men and seized a huge arsenal of heavy weapons, cash, and drugs.

Thursday morning, military pick-ups and Hummers were cruising the streets of Culiacan, soldiers at their posts in back with heavy machine guns. Military helicopters buzzed over the city, although it was unclear whether they were supporting urban ground operations or were on their way to search for marijuana and poppy fields in the nearby mountains.

(I apologize for not having any photos of this stuff. My camera battery went dead Tuesday morning, and having brought with me the wrong bag of electronic stuff, I couldn't recharge it. I went to five different camera stores in Culiacan looking for either a new battery or a charger, to no avail. I finally found a store in Mexico City Friday that charged it for me, so I have lots of photos of Saturday's Global Marijuana March in Mexico City. They will show up in a blog post later today.)

The heavy military and law enforcement presence didn’t do much good. Friday night, the narcos struck back, ambushing a federal police patrol in the heart of Culican, killing four officers and leaving three other seriously wounded. But it wasn't just narcos vs. cops and soldiers Friday night. As reported by the Mexican news agency Notimex, a little after 11 Friday night, at least 60 armed men broke into three houses in a city neighborhood and seized five men, then took off in a 15-vehicle convoy, which was in turn attacked, leaving one man dead at that scene. At the same time, two other shoot-outs erupted in different neighborhoods of the city, while simultaneously, on the outskirts of town, presumed narcos shot and killed two Culiacan city police.

It's not always easy to figure out who is killing whom. There are local, state, and federal police, any one of whom could be working for the cartels. There's the army. Then there are the competing cartels themselves. In Culiacan, long controlled by Joaquin "El Chapo" Guzman and his Sinaloa cartel, Guzman and his group are being challenged by the Arrellano Felix Juarez cartel, which wants to take over "la plaza," or the franchise, as the local drug connection is known. Just to complicate things further, the Juarez cartel is allegedly being aided by the Zetas, the former elite anti-drug soldiers turned cartel hit-men, who usually work for the Gulf cartel.

And this is just in Culiacan. There are other prohibition-related killings every day, soldiers and police being assassinated every day. On Saturday, the Mexican secretary of public security held a ceremony to honor the nine federal police killed by the narcos in the last few days. Another was gunned down in the Mexico City suburb of Coyoacan Friday night, too.

All of this pathology, of course, is a direct result of prohibitionist drug polices aggressively pursued by Washington and Mexico City. And what is their response? Let's have more of the same, only more so.

British Prime Minister Claims Marijuana Can Kill You

As British PM Gordon Browne prepares to ignore the recommendation of his own Advisory Council on the Misuse of Drugs and increase penalties for marijuana, he reveals once again how little he actually knows about the subject:

"I don't think that the previous studies took into account that so much of the cannabis on the streets is now of a lethal quality and we really have got to send out a message to young people -- this is not acceptable," Brown said. [Reuters]

Any way you look at it, this is just a total lie. The word "lethal" as defined by dictionary.com means the following:

adjective
1. of, pertaining to, or causing death; deadly; fatal: a lethal weapon; a lethal dose.
2. made to cause death: a lethal chamber; a lethal attack.
3. causing great harm or destruction: The disclosures were lethal to his candidacy.

Even the 3rd definition, which may be the one Browne intends, is essentially figurative and is only used to describe non-living things, in this case a political campaign. The word is derived from the latin letalis, meaning death. It's just an incredibly poor adjective to describe a substance that has never killed anyone in human history. He says he wants to "send out a message to young people," but his message is just a big lie.

Thus, Browne is now expected to move forward with a plan to upgrade the criminal status of marijuana based on his own ignorant and wrong understanding of what the drug does, while disregarding the contrary advice of a whole council of experts who might actually know something about this.

This, my friends, is precisely how bad public policy gets made.

NYPD's Mindless Response to Accusations of Overzealous Marijuana Enforcement

Let's revisit once again this week's excellent NYCLU study of marijuana arrests in New York City. It illuminates several embarrassing facts, which the architects of this disgusting policy would prefer to keep concealed. Among them:

*A shocking increase in arrests from 45,300 between 1988 and 1997 up to 374,000 between 1998 and 2007
*A sustained violation of the spirit of New York's marijuana laws, which hold that citizens should not be arrested for small amounts of concealed marijuana
*Stark and unexplainable racial disparities. 83% of arrestees were black or Latino even though whites are more likely to use marijuana
*Similarly disturbing gender disparities. 90% of arrestees were male, even though women and men use marijuana at similar rates
*The appalling hypocrisy of NY mayor Michael Bloomberg who presides over these arrests despite his admission that he's enjoyed marijuana in the past
*A profit motive behind the arrests wherein police deliberately make marijuana collars at the end of their shift so that they can collect overtime pay while processing the offender

Now that these ugly revelations have been exposed, what does NYPD have to say in its defense? Exactly what one might expect:

In an official comment on the study, the Police Department was critical of the role played by the New York Civil Liberties Union in publicizing the report and noted that the research had been backed, in part, by the Marijuana Policy Project, which supports legalization. [NY Times]

Um, pardon me, but what the hell does that have to do with anything? The report is accurate. Complaining that it was publicized by its authors and that it was funded by supporters of marijuana policy reform is irrelevant. Of course police are angry that this went public. It's embarrassing. And of course it was funded by critics of marijuana laws. Who else would fund it? The Heritage Foundation? I don’t think so.

So the Marijuana Policy Project is biased, they say, but NYPD sees no conflict of interest when defending the same laws that its officers are paid overtime to enforce? The arrogance of this couldn’t possibly be overstated, but I guess there wasn't much else to say. If everything in the report is true, all you can really do is call the author a jerk.

So in order to avoid ridiculously dumb drug policy debate tactics in the future, let's just get one thing straight once and for all: if people who oppose marijuana laws aren't allowed to criticize marijuana enforcement, then people who support marijuana laws shouldn't be allowed to defend it. Does that sound fair?

New York City's Marijuana Arrest Rate is Wildly Out of Control

Two of my colleagues, Deborah Small and Prof. Harry Levine, have analyzed New York City's marijuana policy in a major report released Wednesday the New York Civil Liberties Union. The chart appearing above pretty makes the central point, but check out Jacob Sullum's piece in Reason for a good general discussion of the report's findings and implications.

Also, Scott wrote here last night about an important side angle, why it's a bad idea to take out your marijuana to give it to police.

Yesterday's is a must-read too.

The report itself, and the authors' summary, are online here

Don't Give Your Marijuana to the Police

This remarkable New York Times piece exposes New York City's out of control marijuana policy, which has produced 374,900 misdemeanor marijuana arrests since 1998, despite a decrim law that's been in effect for 30 years. This is a rare example of professional-quality drug war coverage from the mainstream media and should be read in its entirety, as it raises several interesting issues.

I found this passage, which describes one particular arrest, quite revealing:

"I came out of the building, and this unmarked car, no light, no indication it was police, was right on me," said the man, a Latino who asked that his name not be used because he was concerned about his job. "Right on my tail. An officer got out, he said, 'I saw you walking from that building, I know you bought weed, give me the weed.' He made it an option: 'Give me the weed now and I will give you a summons, or we can search your vehicle and can take you in.' "

He opened the console and handed them his marijuana — making it "open to public view."

"I was duped," he said. But the deception was legal, and his pot wasn’t.

The officers escorted him in handcuffs to the unmarked car.

Amazingly, police must actually trick citizens into displaying their marijuana in order to make an arrest, since the decrim law requires plain view discovery. NYPD officers have become quite adept at initiating this through the typical threats and coercion that have long been the hallmark of petty drug war police practices.

Fortunately, the most obvious and effective antidote to New York's overzealous marijuana policing is really pretty simple: don't give them your marijuana. Don't admit having marijuana. Don't give them consent to search you or your vehicle. Ask if you're free to go.

Ending this obscene spectacle, which violates the spirit of New York's marijuana laws and wastes precious law-enforcement resources, is vitally important. But until that happens, citizens can protect themselves by not idiotically turning over their illegal drugs to the police. Seriously, stop giving them your drugs.

At the Shrine to San Malverde, Mexico's Narco-Saint

You don't find Culiacan, the capital city of Sinaloa, in the tourist guide books for some reason. But it is a thriving city of more than a million, and it is the home of one of the stranger manifestations of the drug wars of the last few decades: The shrine to San Malverde, (unofficial) patron saint of bandits, and now, drug traffickers.


shrine to San Malverde, patron saint of the narcos (and others), Culiacan, Sinaloa -- plaque thanking God, the Virgin of Guadalupe, and San Malverde for keeping the roads cleans -- from "the indigenous people from Angostura to Arizona" (more pictures below the fold)

I visited the shine in the heat of the afternoon sun today. During the half hour or so I was there, a few dozen people came to light candles to the santo, pay their respects, or otherwise recognize his alleged powers of protection. A handful of musicians for hire hung around, waiting for someone to pay them to play a tune to the saint, and about a dozen vendors sold San Malverde memorabilia--candles, plaques, good luck amulets, prayer cards, and the like. (Hmmm, do I feel an idea for a StoptheDrugWar.org premium gestating?)

The vendors told me that dozens, sometimes hundreds, of people arrive each day, some to pray, some to light candles, some to make donations, some to put up plaques:

"Thanks to God and San Malverde for favors received."

"Thanks to God, the Virgin of Guadalupe, and San Malverde for helping us move forward."

"O miraculous Malverde,
O, Malverde my Lord,
Concede me this favor,
And fill my heart with happiness."

Given the way Mexico's drug war is raging these days, I would imagine the good saint is getting a real work-out. Mexicans are so inured to the daily drug war death toll that the newspapers generally relegate it to box score-type accounts, but when you or a friend or a family member is working in the trade, you probably figure some supernatural help can't hurt.

I'll spend the next few days here in Culiacan. I had wanted to go up to the drug-producing areas in the mountains nearby, but so far, everyone is demurring--it's too dangerous, they say. Nonetheless, I'll keep working that and see what happens. On Tuesday and Wednesday, I'll be attending and "International Forum on Illicit Drugs: The Merida Initiative and the Experiences of Decriminalization," organized by the brave journalists of the Culiacan news weekly Riodoce. While the other Sinaloa papers have largely gone silent in the face of threats and killings, Riodoce keeps plugging away.

I'll be meeting with some of the Riodoce staff tomorrow, right after I meet with Mercedes Murillo, head of the local human rights organization the Sinaloa Civic Front, which just a couple of days ago filed what could be a historic court motion to have military personnel accused of crimes against civilians tried in civilian--not military--court. There have been several nasty incidents of soldiers killing civilians here since Calderon sent in the troops, and under current Mexican law, they seem to get away with it.

Stay tuned. It should be an interesting week. And then it's back to Mexico City to visit Saint Death and attend the Global Marijuana Day demonstration at the Alameda.

(more pictures below the fold)

Denying Organ Transplants to Medical Marijuana Patients is Evil

Remember when John McCain said we never arrest dying patients for medical marijuana? He asked for documentation and here it is. This man wasn't just arrested, he is now also being denied a liver transplant, without which he will die:

SEATTLE (AP) — Timothy Garon's face and arms are hauntingly skeletal, but the fluid building up in his abdomen makes the 56-year-old musician look eight months pregnant.

His liver, ravaged by hepatitis C, is failing. Without a new one, his doctors tell him, he will be dead in days.

But Garon's been refused a spot on the transplant list, largely because he has used marijuana, even though it was legally approved for medical reasons.

This is the legacy of the government's political war on medical marijuana. Patients are dying simply because some of our political leaders are afraid that showing compassion for the sick will lead to marijuana legalization. Healthcare and employment discrimination are the inevitable symptoms of our flawed federal policy, yet those who defend the war on patients couldn't be more oblivious to the brutal consequences of their intransigence.

Meanwhile, U.S. News & World Report covers new research aimed at developing cannabinoid-based medicines that won't produce intoxication. The very existence of this research demonstrates once again that marijuana has long been understood to have remarkable medical potential. Now that even the drug warriors have conceded that point, and the scientific community has stopped debating and initiated product development, what justification exists for continuing to persecute patients who are already using this plant to treat their own illnesses?

This controversy should be over now. Instead, patients are still dying in the war over medical marijuana and politicians are still pretending not to notice.

Dr. Albert Hofmann, Father of LSD, Dead at 102

Internet rumors of his passing have been confirmed for us by a friend of Dr. Hofmann's. Dr. Albert Hofmann died of a heart attack this morning at his home in Basel, Switzerland. Hofmann inadvertently discovered the effects of LSD while researching the substance in 1943. He subsequently self-administered the drug deliberately and produced the first accounts of its powerful psychedelic effects.

If you think 102 is old, just imagine how long he might have lived if he never did drugs!

Update: The above line is sarcasm. Before posting it, I asked a couple smart people if they thought anyone might misunderstand and we decided it probably wouldn't be a problem. Well, it was, and a few commenters have come away with the incorrect impression that I think Dr. Hofmann would be better off if he never used drugs. This comment explains what I really meant. I won't stop cracking jokes in the blog, but I do apologize for this one. 

If Marijuana is Dangerous, How Come No One Gets Hurt at These Huge 4/20 Parties?

This year's 4/20 holiday was bigger and bolder than ever before, generating big headlines, big web traffic, and really really big pot parties. Even the Drug Czar participated by suggesting the holiday is dangerous and warning parents to keep a close eye on their children. But for all the fanfare, no one got hurt on 4/20.

I don't think one could possibly overstate how revealing that simple fact really is. Scanning the 4/20 news coverage, one fails utterly to find examples of the sort of negative outcomes we've been told to expect when people use this drug. Last week, more people got more stoned more publicly than any other day of the year. If pot is dangerous, this would be the time to learn that lesson in stark terms. So where are the hospitalizations? The fights? The car accidents?

In Boulder, CO a turnout of 10,000 produced no arrests or mishaps. This means not only that police were ignoring open marijuana use, but that the users were remarkably well behaved under the influence of the drug. They didn't fight, steal, damage property, or do anything else that would have forced the police to take action. Out of 10,000 people at a completely disorganized marijuana-themed event, nothing went wrong at all.

Similarly, at UC Santa Cruz a crowd of 6,000 led police to express embarrassment at their failure to suppress marijuana culture. And again, there were no arrests made for any offenses of any kind. Arrests and injuries are typical at sporting events, but not these giant impromptu 4/20 pot parties.

This quote from the Santa Cruz Sentinel illustrates that point nicely:

Monday, some readers and callers to the Sentinel expressed shock that police knew what was going on and yet nobody was arrested as they drove away from the gathering, apparently under the influence of marijuana.

Grant Boles, a spokesman for the California Highway Patrol in Aptos, said the CHP made no arrests Sunday…

Amazingly, the California Highway Patrol had an uneventful afternoon on the biggest pot-smoking day of the year. I guess no hippies crashed their cars that day. No one swerved over the yellow line and got pinched for DUI. You can bet we'd know about it if they had. I'm not saying people should get stoned and drive. I'm asking where to find the carnage we've been told to expect from stoned drivers.

So often, we're told that if we change our marijuana laws, everyone will get stoned and it will be horrible. Yet, when marijuana is used gratuitously by massive crowds at unsanctioned events, negative outcomes are extraordinarily rare. The drug is simply not effective at hurting people.

The whole "marijuana is harmless" argument for reforming marijuana laws certainly has its limitations, but damn, look how amazingly safe marijuana is! Wow!