Medical marijuana patient Will Foster is a free man. According to a phone call I just received from his partner, Susan Mueller, Foster was released on parole and walked out of prison in Oklahoma today.

As you who have followed the Will Foster saga know, he became a poster boy for drug war injustice when he was sentenced to a mind-blowing 93 years in prison in Oklahoma back in the 1990s for growing a closet-full of medical marijuana. Thanks in part to the efforts of Stopthedrugwar.org (then known as DRCNet), Foster eventually got his sentence cut to a mere 20 years--for growing plants!--and was eventually paroled to the care of Guru of Ganja Ed Rosenthal in California, who had taken up his case.

Last year, Foster was raided and charged with an illegal marijuana grow in California, although his grow was perfectly legal under the state's medical marijuana law. He spent a year in jail in Sonoma County before prosecutors dropped all charges, but by then, Oklahoma parole authorities demanded he return to the state to finish his sentence. Foster dropped his fight against extradition and returned in September.

A good sign occurred a few weeks ago, when the parole board decided he had not violated his parole and should be released. This week, Oklahoma Gov. Brad Henry must have agreed--he had the final say in the matter.

Right now, Foster is making his way to parole offices in Oklahoma City to sign the paperwork. He should be back with his loved ones in California in a matter of days.

Thanks to everyone who agitated for his release. Every once in awhile, we win one.

Fresh on the success of NAOMI, the North American Opiate Maintenance Initiative, in which hard-core heroin addicts in Vancouver were given either methadone, heroin, or Dilaudid in maintenance doses, Canadian researchers announced earlier this year plans to broaden and deeper their research with SALOME, the Study to Assess Long-term Opiate Maintenance Effectiveness. SALOME was supposed to begin this fall in Vancouver and Montreal, but Quebec provincial authorities have thrown a wrench in the works.

The Montreal Star reported this week that Quebec has balked on paying its share of the project, stopping the Montreal portion of SALOME in its tracks. The Vancouver portion, supported by the British Columbia provincial government, is set to move forth.

Quebec's refusal to pay its share—the Canadian Institutes of Health Research are kicking in $1 million for the three-year project—led Montreal's SALOME head researcher to charge the government with discrimination. The decision will have "disastrous consequences for people addicted to heroin and (who) don't respond to standard treatment," said Dr. Suzanne Brissette, chief of addiction medicine at Saint-Luc hospital. "There is no other treatment for these people."

NAOMI showed that heroin maintenance worked for people for whom methadone and other forms of treatment had not, she said. Had researchers found a treatment for cancer or diabetes, Quebec would not hesitate to help fund it, she added. "It's a clear case of discrimination," she said. "We have a treatment that works and they're saying, `Sorry folks, you won't get it.'"

NAOMI researchers estimate that Canada has between 60,000 and 90,000 heroin addicts. The NAOMI trials found that addicts on maintenance heroin used less illicit heroin, committed fewer crimes, and adapted healthier life-styles.

The Los Angeles City Council Tuesday voted to allow medical marijuana dispensaries to continue to sell their products, but failed to reach a final vote on a medical marijuana ordinance that has been years in the works. The council will return to the ordinance at its December 2 meeting.

Observers had hoped the council might pass the ordinance Tuesday, but progress was derailed by contentious debate over the sales issue. LA City Attorney Carmen Trutanich and LA County District Attorney Steve Cooley had called for an outright ban on medical marijuana sales, saying that under their reading of the state's medical marijuana laws and court decisions, sales are not allowed. Cooley has threatened to prosecute dispensaries no matter what the city council does.

Council members, caught between fear of legal problems and the expressed desire of constituents for safe access to medical marijuana, had some harsh words for prosecutors. Councilmen Ed Reyes, who has been the principal in trying to write the ordinance, protested that the City Attorney's Office was trying to impose "a political view that has nothing to do with objective advice."

He wasn't the only one. "I think we're getting advice from one direction," said Councilman Paul Koretz. "I would like to see the City Attorney work with us to help us get to where we want to be."

In the end, the council rejected the advice of the prosecutors, instead adopting an amendment that would allow for "cash contributions, reimbursements and payments for actual expenses of growth, cultivation, and provision […] in accordance with state law."

"We have some very elegant and flexible language that will adjust as state law is defined," said Council President Eric Garcetti.

While the council did not succeed in passing the ordinance, it did make substantial progress. In the seven-hour-long session, it dealt with more than 50 proposed changes to the ordinance. Among other amendments considered was one by council members Koretz and Reyes that would have required police to get a court order to review dispensary records. After Councilman Jose Huizar and other members objected, saying the amendment would hamper efforts to weed out "bad" dispensaries, the amendment failed.

Reyes introduced an amendment eliminating the ordinance's requirement that dispensaries have no more than five pounds of marijuana on hand and grow it on-site, but Huizar objected, saying it would encourage a black market and was "a dangerous path."

"I'm not advocating for the black market, gangs, cartels to take advantage of this," Reyes retorted, "but we can't choke it to the point where it does not function." Then, Reyes withdrew his amendment, asking Huizar to draft an alternative.

The council also approved an amendment limiting patients and caregivers to membership in one collective, but with a provision allowing for emergency purchases. That didn't go over well with medical marijuana advocates, who complained that it would limit access for patients.

The council also adopted a series of amendments from Councilman Koretz, based on West Hollywood's ordinance regulating dispensaries. Those amendments require dispensaries to have unarmed security guards patrolling a two-block area, to deposit cash daily, and to provide contact information to police and neighbors within 500 feet.

The council squabbled over a number of amendments that sought to micro-manage the dispensaries, ranging from a $100,000 salary cap to restrictions on doctors writing recommendations. "This industry is rife with people ripping off money from people who are seriously ill," said Councilman Ricardo Alarcon, who offered the salary cap amendment. "We ought to cap compensation because I believe it will be abused, people will be making millions.

Those amendments excited the wrath of Councilwoman Janice Hahn."We're going too far from what we need to be doing," Hahn said with some exasperation. "Now you're going after compensation, you're going after the doctors writing these notes. If you take the logic that people in compassionate professions shouldn't be making more than $100,000, we could go after every doctor in this city. This is not what we're here for, which is to regulate these dispensaries to make sure people have safe access," she said to loud cheers from the audience. "Let's stay focused."

In the end, Alarcon withdrew his amendment. City staff will instead review compensation standards for non-profit organizations and return to the issue later.

After heated debate, the council also deferred action on two contentious issues: a cap on the number of dispensaries to be allowed, and location restrictions that would bar dispensaries from operating within either 500 or 1000 feet of schools, parks, and other child-friendly locations. The council asked city officials to return next week with studies on caps and maps that would demarcate what areas within the city would be okay for dispensaries. Councilmember Reyes displayed one such map at the hearing, arguing that the location limits would dramatically restrict the areas where dispensaries could operate.

While the ordinance anticipates setting a cap on the number of dispensaries at 70, or one for every 57,000 residents, there were indications during the debate that members could go for a cap as high as 200, but even that would reduce the number of dispensaries in the city by 80%.

There are currently an estimated one thousand dispensaries in Los Angeles. There were four when the council began working on an ordinance way back in 2005. There were 186 when the council voted to institute a moratorium two years later.

The City Council will return to the medical marijuana ordinance at its December 2 meeting.

This article in the New Hampshire Union Leader gets it right:

Testimony: Drug war behind street shooting

MANCHESTER – Lennoxx Tibbs was shot to death as a result of a drug sellers' turf war, according to police testimony yesterday at probable cause hearings in Manchester District Court for the man accused of shooting Tibbs and the man accused of accompanying him…

Meanwhile, the Herald & Record in Illinois gets it wrong:

Three charged in drug-related shooting

DECATUR - Three Decatur men allegedly involved in a drug deal Thursday that ended in a shooting have been charged in Macon County Circuit Court with five Class X felonies and an assortment of drug charges...

There's been a longstanding and misleading tendency in the press to invoke the term "drug-related" to describe unfortunate events that didn’t even involve drug use, and that's why the Union Leader headline above is such a rare and refreshing example of responsible reporting on drug trade violence.

When you hear the term "alcohol-related," you can be damn sure we're talking about someone doing something reckless & dangerous after getting wasted on booze. Thus, we must also insist that the term "drug-related" be used exclusively to describe incidents arising from the effects of drug consumption, and never the ubiquitous harmful results of drug prohibition itself.

Just imagine if the media properly attributed every episode of horrific drug war violence to prohibition rather than just drugs. That critical distinction is truly the fulcrum from which an individual's view of our drug policy swings in one direction or the other. The instant one learns to identify and distinguish between the harms of drugs and the harms of the laws against them, it becomes vastly more challenging to justify and uphold our present policies.  

So please, the next time you see the term "drug-related" used to described harmful outcomes caused by prohibition, send the reporter a note suggesting that a term like "drug war violence" be used instead. It's just a fact that the drug war kills infinitely more people than all illegal drugs combined, and we should demand media reporting that places the blame squarely where it belongs.

by Bernd Debusmann, Jr.

[Editor's Note: We publish the Mexico Update early this week because Bernd is on his way home for Thanksgving.]

Mexican drug trafficking organizations make billions each year trafficking illegal drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed over 12,000 people, with a death toll of over 5,000 so far in 2009. The increasing militarization of the drug war and the arrest of several high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:

Thursday, November 19

In Ciudad Juarez, four policemen were killed and two were wounded in two separate incidents. According to a spokesperson for the state Department of Public Safety, unknown gunmen killed two undercover officers after opening fire on their care. Several hours later, gunmen attacked a police patrol, killing two and wounding two. A gas station attendant caught in the crossfire was also killed.

Friday, November 20

In Chicago, 15 alleged members of a “command and control” group of La Familia were indicted by federal authorities. These arrests come a month 300 alleged members of the cartel’s US distribution network in the US were arrested in a nationwide sweep. The group in Chicago had, since at least 2007, been taking orders from unidentified cartel bosses in Mexico collected approximately $20 million. 550 pounds of cocaine and $8 million in cash were seized when the arrests were made.

Monday, November 23

The mayor of a wealthy suburb of Monterrey has sent his family outside the country for their protection as he campaigns against organized crime. Mayor Mauricio Fernandez of San Pedro Garza Garcia made headlines last week when he publicly announced the death of a kidnapper hours before his body was found by police. He has also suggested using groups that operate outside of the law to combat crime, and is planning to form his own intelligence network of civilians and police.

In Tijuana five men were killed in different incidents. One of the men was found inside a residence with a gunshot wound to the head. In another incident, a man with his hands and feet tied with extension cords was found inside a burning truck. No arrests were made in any of the murders.

In Guerrero, at least six people were killed in drug related violence throughout the state. During the same 24 hour period, at least 12 people were killed in Sinaloa, 8 in Ciudad Juarez, and 2 in Chihuahua city.

Tuesday, November 24

In the state of Sinaloa, five bodies were found by the side of the Culiacan-Mazatlan highway. Among them was a relative of Jose Carillo Fuentes, who was head of the Juarez Cartel until dying in a botched plastic surgery in 1997. 11 people were killed in Chihuahua, of which 9 were killed in Ciudad Juarez. At least six people were killed in other incidents throughout Mexico.

In Matamoros, an an American citizen, Lizbeth Marin died after being wounded by gunfire. Initial reports indicate that she may have been shot when the weapon of a Mexican soldier was accidently discharged as he climbed into a vehicle. Another unidentified American woman of 54 years of age was found dead in a home in Tijuana Monday, bearing signs of blunt injuries and contusions to her neck, head and face.

In Colombia, an alleged member of the Sinaloa Cartel was arrested by Colombian intelligence agents in the city of Cali. Carlos Adolfo Garcia Yepes, aka El Chino, was apparently in charge of logistics and coordinating the seaborne traffic of cocaine from Colombia to Mexico, from which it was then smuggled into the United States.

Body Count for the Week: 158

Body Count for the Year: 6, 738

Sheba Medical Center in Tel Hashomer has become the first hospital in Israel to administer medical marijuana to patients, the Israeli newspaper Haaretz reported Tuesday. Some 20 patients have been treated with medical marijuana in a pilot program over the last six months, the newspaper reported.

Meanwhile, the Jerusalem Post reported Wednesday that the Knesset's Labor, Social Affairs, and Health Committee had instructed the Health Ministry to finish its proposals for regulating medical marijuana use within four months. Such regulations should address the production, quality, and marketing of medical marijuana, as well as prevent diversion into non-medical markets.

In Israel, people with cancer, multiple sclerosis or certain other conditions can apply for a license to receive a free supply of medical marijuana. It is provided by a charitable organization, Tikun Olam, which supplies it to some 700 patients.

At Sheba Hospital, Ora Shamai, head nurse in the pain management program, has recently finished drafting a formal protocol for providing medical marijuana, another first for an Israel hospital. That draft has already been approved by the Health Ministry official in charge of approving medical marijuana treatments, Dr. Yehuda Baruch. The hospital is expected to soon approve the protocol.

Under the protocol, if doctors determine a patient needs marijuana, the doctor in charge of his treatment will apply for the necessary permit from the ministry. Patients who can walk will be limited to smoking in the hospital's smoking room, while bedridden patients will only be allowed to smoke in private rooms with an open window.

"We make it clear to the staff that smoking medical marijuana doesn't endanger the medical staff on the wards," Shamai said. "It does not harm those in the area via passive smoking."

Doctors at Sheba downplayed any possible harms to patients from smoking marijuana on a limited basis. "It's certainly a dilemma, but it's the lesser of two evils," said Dr. Itay Gur-Arie, the head of Sheba's pain management unit. "When you're talking about smoking a joint or two a day, we don't think this causes short-term harm to the patients."

Sheba is also making use of vaporizers, machines that heat marijuana but don't ignite it, allowing patients to inhale vapors instead of smoke. The Israel Association for the Advancement of Medical Cannabis, which has been involved in the pilot program from the onset, is now raising money to buy more. The hospital currently operates five.

Along with Canada, Germany, Holland, and some American states, Israel has been a pioneer in accepting medical marijuana. With the Knesset action this week, Israel moves closer to setting up a regulated and expanded system. The Sheba hospital protocol is likewise on the cutting edge of medical marijuana acceptance by hospitals.

Earlier this month, notorious drug war cheerleader Sen. Charles Grassley (R-IA) provoked outrage by attempting to censor debate about drug policy reform in Congress. He proposed an amendment that would literally ban a congressionally appointed expert panel from discussing legalization or decriminalization as part of a broad evaluation of criminal justice policies.

It's just a transparently pathetic strategy of defending the drug war status quo by outlawing meaningful debate and keeping alternatives off the table. Fortunately, just about everyone saw right through it. Pete Guither points out that Grassley is so cornered, he's now begging his constituents in Iowa to back him up on this. And the harder he tries to defend it, the weaker it sounds:

First and foremost, Congress ought to tackle issues whenever possible before bucking them to commissions. Increasingly, Congress is using commissions to avoid doing what Americans elect members to do: ask tough questions, identify possible answers, debate policy solutions and take a stand. [Des Moines Register]

Yeah, who needs experts when we've got politicians to make all our decisions for us?

This commission also would cost $14 million. It's hard to justify that expenditure in the current fiscal situation, especially when it's work that Congress should be doing itself.

Wait, so you can justify spending $50 billion a year on the war on drugs, but we can't justify $14 million to evaluate whether it makes any sense?

Finally, I put forward an amendment to address the issue of decriminalization and legalization of any controlled substance. I filed this amendment in an effort to start a debate on this important issue.

Really, Chuck? Really? How exactly does banning discussion of something promote debate? Everything, from the language of Grassley's amendment to his rich history of ignorant pro-drug-war posturing, proves what a total lie that is. The very essence of this controversy is that he blatantly attempted to prevent experts from looking into the issues he doesn’t want to talk about. Clearly, Grassley greatly underestimated the growing public demand for a new dialogue about our drug policies and got burned by his own arrogance, to such an extent that he is now hilariously masquerading as the champion of that critical discussion.  

The obvious bottom line here is that Grassley is consumed by his fear about what the experts will say. That is just implicit in all of this. If he wasn't deeply afraid of their conclusions, he wouldn’t be introducing amendments telling them what conclusions not to reach.  

The commission hasn’t even been appointed yet, so the very notion that it will become a referendum on the urgent need for sweeping reforms to our drug policy is purely a product of his paranoid imagination (combined perhaps with a subconscious recognition that the drug war is a gaping suckhole and smart people aren't exactly in love with it anymore). If Congress had named an expert panel consisting of Ethan Nadelmann, Rob Kampia, Jacob Sullum, Paul Armentano, Micah Daigle, Norm Stamper, Pete Guither and Willie Nelson, then maybe Charles Grassley could be forgiven for tearing from D.C. to Des Moines on horseback, flailing a dinner bell over his head and screaming that the legalizers are coming.  

Until that happens, the drug war pep squad would be well advised to just pipe down for the time being, lest their suggestions that we not discuss certain things should lead to yet more discussion of the things they don’t want discussed.

The battle over the fate of drug war victim Cory Maye has been fought quietly in court for the last several months, but Radley Balko brings the long-awaited & exciting news that Maye has been granted a new trial.  

For those new to the case, Maye is a young, single father whose home in Prentiss, MS was raided by police in the middle of the night in late 2001. Unaware that the intruders were police and fearing for the safety of his infant daughter, Maye opened fire and killed an officer. As it turned out, the warrant was for the neighboring unit and Maye had nothing illegal, except marijuana ashes. Nevertheless, Maye was convicted of capital murder and sentenced to death. The case has become widely regarded as a classic example of how aggressive drug war police tactics can lead to terrible misunderstandings and injustices.

But it's also become an inspiring illustration of how bloggers and activists can effectively use the internet to fight for justice. Radley Balko's initial coverage of the case at his blog, The Agitator, ignited national interest in Maye's plight. The case drew the attention of an attorney at the prestigious law firm Covington & Burling, which offered to represent Maye pro bono. That changed everything. Maye's death sentence was challenged and overturned. Then, last week, it was announced that Maye will receive a new trial altogether, one in which he will enjoy superb representation and his best chance yet at securing his freedom once and for all.

It's an incredible story that we'll continue to follow as the new trial approaches. For more detailed background on the case, check out Radley Balko's award-winning 2007 report at Reason.

Update: Reason.tv has a good piece on Maye's case as well:

Mary Beth Buchanan, easily the nastiest federal prosecutor in the nation, has finally resigned her post. Yet, even as lovers of justice across the country celebrate her long-overdue departure (and pray she won't run for elected office), Buchanan has managed to turn our stomachs for what will hopefully be the last time:

On her last day in office, Buchanan says her only regret during her tenure was accepting a plea from Tommy Chong. [KDKA.com]

Such pure arrogance is really something to behold. Every legal textbook in the country should display her picture beside the term "malicious prosecution," as the railroading of Tommy Chong is a mere footnote within a career defined by gratuitous excesses.

Of course, Tommy was amused to hear that Buchanan still holds a grudge against him. The feeling is mutual:

"I'm honored to be Mary Beth's only regret. Now does she regret going after me? Or does she regret that I never got enough time? I tend to think she wishes she'd never heard my name. I have become her legacy. Mary Beth Loose Cannon is now looking for a job. She blew her last job busting me. Karma is so sweet! She's looking for a work while Cheech and I start our second multi-million dollar tour thanks to the publicity she created for us! Thank you Mary Beth - may you find peace and happiness in your search for your soul." [CelebStoner] 

I dunno, Tommy. You might wanna keep the floodlights on at night, just in case. If we know one thing about Mary Beth Buchanan, it’s that she never ever stops. She could be lurking in your bushes at this very moment, drunk with fury and looking to finish what she started.

Boy, O'Reilly really knows how to suck the humor out of a room:



This should never have been allowed to take place. Bill O'Reilly shouldn't be allowed anywhere these guys, or anyone else who's ever been remotely funny at any point in modern history.

And if anyone can think of a legal way to make O'Reilly stop saying things like this, please share:

O'REILLY: We found out that in San Francisco, which leads the league in marijuana clinics, medical marijuana clinics, a lot of hard-core drug addicts go in there, buy the pot and sell it to kids so they can buy their heroin and meth and everything else.

CHONG: Sell it to kids?

O'REILLY: Yes.

CHONG: Where did you get that information?

O'REILLY: We got it from our undercover people.

Yeah, right. This is one of those social problems that you'll only hear about on the O'Reilly Factor because it only exists in the twisted mind of Bill O'Reilly.