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Chronicle AM: Holder on Pot, Big $$$ for OR Init, Cairo Student Drug Tests, More (10/21/14)

Holder talks pot, more big bucks flow to Oregon initiative, federal judge to ponder whether marijuana belongs in Schedule I, the right attacks Vanita Gupta, Canada's NDP calls for decriminalization, and more. Let's get to it:

US Attorney General Eric Holder (justice.gov)
Marijuana Policy

Attorney General Holder "Cautiously Optimistic" on Marijuana Legalization. In a Monday interview with CNN, Attorney General Eric Holder said he is "cautiously optimistic" about marijuana legalization in Colorado and Washington. He said that the Justice Department was focused on eight "priority areas" when it came to legal weed, including prevention of distribution to minors, drug trafficking across state lines, and drug-related violence. "What I've told the governors of those states is that if we're not satisfied with their regulatory scheme that we reserve the right to come in and to sue them. So we'll see," Holder said.

Oregon Initiative Reports More Big Bucks Donations. The campaign committee for Measure 91 has reported receiving $800,000 in a pair of high-denomination donations. The Drug Policy Action Network, the campaign and lobbying arm of the Drug Policy Alliance, kicked in half a million bucks, while the New Approach PAC, tied to the family of the late Progressive Insurance magnate Peter Lewis, gave $300,000. Over all, Drug Policy Action Network has contributed $1.85 million and the Lewis group has given $1.25 million. The initiative campaign has spent more than $1.1 million on TV and radio ads.

Federal Judge to Consider Whether Marijuana Should Be Schedule I. A US district court judge in Sacramento will hold a hearing next Monday on whether marijuana is appropriately classified as a Schedule I drug under the Controlled Substances Act. The hearing comes in the case of United States v. Pickard, et.al. Expert witnesses, including Columbia University psychology professor Dr. Carl Hart, will testify that classifying marijuana as a Schedule I drug is not consistent with accepted scientific evidence. This is the first time in recent memory that a federal judge has granted a hearing on the issue.

Decriminalization Fails By One Vote in Columbia, MO, City Council. A move to decriminalize marijuana in Columbia failed on a 4-3 vote Monday night after hours of intense debate. City staff opposed the measure, saying it would put the city in conflict with state law, and local police also opposed it, saying it would put officers in an awkward position, especially when doing joint counter-drug operations with other state or local law enforcement agencies.

Medical Marijuana

Missouri to Begin Taking Applications for Low-THC, High-CBD Medical Marijuana. People who want to grow high-CBD, low-THC marijuana for medical purposes under a new state law can begin submitting applications to the state Department of Health beginning November 3. The state will license two growers, and the window for applications is 30 days. The growers must operate as nonprofits and must produce marijuana that is less than 0.3% THC.

Law Enforcement

Conservative Attacks on DOJ Civil Rights Nominee Gupta Get Underway. Heritage Foundation resident expert Cully Stimson has penned an opinion piece that lays out one line of attack on Vanita Gupta, the ACLU attorney just named acting head of the Justice Department's Civil Rights division and who is nominated to permanently fill the post. "The New Civil Rights Division Head Wants to Decriminalize Possession of All Drugs," is his headline -- and the gist of his argument. Click on the link to read his piece.

International

Canada's NDP Calls for Marijuana Decriminalization and Study. The New Democratic Party (NDP) will this week officially call for immediate marijuana decriminalization, with monitoring of the health and social side effects. The call will come in a supplemental document published alongside a House of Commons health committee report, which is set to be issued today or tomorrow. While the NDP's stand is progressive, it is not as progressive as the position of the Liberals, who are calling for legalization.

Cairo University Begins Mandatory Drug Testing of Students. Any student who wants to reside in school housing at the University of Cairo must undergo mandatory, suspicionless drug testing under a new university policy. Some 4,000 students have already been tested, with 9,000 more waiting their turn. No objections to the policy have been heard.

Chronicle AM -- March 19, 2014

Fewer people are getting arrested for marijuana possession in Washington state after legalization -- imagine that! -- Kansas legislators want to drug test teachers, a New Jersey heroin and opiates panel has recommendations, Russell Brand goes to Vienna, and more. Let's get to it:

Russell Brand speaks out for drug decriminalization at the CND in Vienna. (wikimedia.org)
Marijuana Policy

Oregon GOP Gubernatorial Candidate Says Legalize It. Republican gubernatorial candidate Tim Carr says he favors legalizing and taxing recreational marijuana use and would spend the proceeds on helping the homeless and others in need. Carr is one of six Republicans running in the primary to determine who takes on incumbent Democrat John Kitzhaber. He's not the front-runner; that distinction goes to state Rep. Dennis Richardson.

Massachusetts Poll Has Near Majority for Legalization.A new WBUR TV poll shows increased support for marijuana legalization, with 48% in favor and 41% opposed. A Boston Herald/Suffolk University poll showed majority support for the first time. These two polls suggest that attitudes toward legalization in the Bay State have moved in a positive direction in the past year.

Washington State ACLU Reports Big Drop in Pot Arrests. Misdemeanor marijuana possession arrests plummeted last year, the ACLU of Washington reported today. There were just 120 such arrests last year after legalization went into effect, compared to 5,531 the year before. But black people are still getting arrested for pot possession more often. They're getting popped at a rate three times that of whites, the ACLU said.

National Cannabis Industry Association to Host Marijuana Business Summit. The NCIA will hold its first national conference, the Cannabis Business Summit, June 24-25 in Denver. Click on the links for more details.

Medical Marijuana

Alabama CBD Medical Marijuana Bill Advances. A bill that would study the impact of using a marijuana derivative to treat seizures is one step closer to becoming state law. Senate Bill 174 passed the House Judiciary Committee after it was amended in the Senate last week.

Drug Testing

Kansas School Teacher Drug Testing Bill Passes Senate. A bill that requires drug testing of school employees and affirms the firing of educators convicted of DUI, drug crimes, and other offenses passed the state Senate Tuesday. Senate Bill 335 was approved after Senate Democrats successfully offered an amendment that would subject members of the House and Senate to treatment requirements and financial sanctions mirroring those in state law for the unemployed or those on cash aid. The welfare drug testing law passed last year also included elected representatives, but contained no provisions for sanctioning them or requiring they seek help. The bill now goes to the House.

Heroin

Kentucky Omnibus Heroin Bill Stuck in House. A bill that would both enact harm reduction measures and crack down on heroin-selling offenses is stuck in the House Judiciary Committee. Senate Bill 5 would let drug dealers be charged with murder if the sale of Schedule I drugs results in death and increases penalties for high-volume heroin dealers. It also seeks increased Medicare funds for drug treatment, access to the overdose reversal drug naloxone, and a 911 Good Samaritan provision. The Senate passed the bill in January.

New Jersey Heroin Task Force Calls for Broad Reforms. A governor's task force on heroin and opiate use called for a wide array of reforms, saying it is "time to confront our demons." According to The Newark Star-Ledger, which obtained an advance copy, the panel's report calls for tighter prescription pill monitoring laws, changes in the state's insurance system to make treatment more available, and expanded use of drug treatment recovery communities.

Sentencing

California Bill Would Equalize Crack and Powder Cocaine Sentences. A bill filed by state Sen. Holly Mitchell (D-Culver City) would cut prison sentences for people convicted of selling crack to bring them in line with sentences for people convicted of selling powder cocaine. Senate Bill 1010 was introduced last month, but amended Monday. It is before the Senate Rules Committee.

International

In Vienna, Russell Brand Joins "Support, Don't Punish" Campaign. British actor and comedian Russell Brand spoke at the UN Commission on Narcotic Drugs in Vienna today and publicly joined forces with the Support, Don't Punish campaign to decriminalize drug possession and end the imprisonment and punishment of people who use drugs.

Senior Mexican Anti-Drug Official Resigns. Manuel Mondragón y Kalb, Mexico's national security commissioner and one of the most senior officials in charge of the country's counternarcotics fight, has resigned "for personal reasons." The National Security Commission (CNS), which falls under the Interior Ministry, was created by President Enrique Peña Nieto in January 2013 to replace the Secretariat of Public Security. The CNS, which is in charge of the Federal Police, is behind schedule in its task to create a National Gendarmerie to bolster the country's counter-narcotics fight, which is one of Peña Nieto's campaign promises.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Indiana School Kid Bitten by Drug Dog in Fake Raid

An unnamed fifth grader at an Indiana school was bitten by a police drug dog during an anti-drug Red Ribbon Awareness Week at the Clay County Courthouse last Thursday. The bite occurred after the dog's police handler handed the boy a bag of real drugs.

The Brazil elementary school student was attacked by the dog during a pretend drug raid staged as part of the week's festivities. He was bitten on the left calf and was taken to a local hospital for treatment immediately after the incident.

The fake drug raid, complete with actors, was carried out to help "educate Clay County fifth graders on drug awareness," but they got a lesson in drug war awareness instead. The police hid a small amount of drugs on the kid's person to demonstrate how drug dogs can find extremely small amounts of drugs in a scenario "under the exclusive control and supervision of members of the court and law enforcement."

Oddly enough, drug dogs are not typically used to sniff individuals, but are instead commonly used to sniff vehicles and buildings.

"It was an unfortunate accident," Police Chief Clint McQueen told the Brazil Times. "Wish it hadn't happened like that but it did. We are trying to evaluate (the incident) to make sure nothing like this happens again."

Brazil , IN
United States

Forced Drug Tests for College Students a No-No, Judge Rules

A US district court judge in Missouri ruled Friday that a technical college violated the Fourth Amendment's protections against unreasonable searches and seizures when it ordered all students to submit to mandatory, suspicionless drug tests. The judge did allow the drug testing of students in a small number of programs where school officials could make a reasonable argument that public safety was at stake.

The ruling by Judge Nanette Laughrey in Jefferson City came in Barrett v. Claycomb, a case filed by Linn State Technical College students against the college and its president, Donald Claycomb, after the college announced in 2011 it would require all incoming students to undergo drug testing.

Federal courts have traditionally held that drug testing by government entities without particularized suspicion that an individual is using drugs is unconstitutional. The federal courts have upheld only limited exceptions -- for minor school students, for certain law enforcement personnel, and for public safety -- but Linn State had argued that its policy was constitutional because some of its students were training in professions with public safety implications.

But citing the school's own admission that there had never been a drug-related accident in the 50-year history of the campus and closely reading previous federal court decisions on the public safety exception, Judge Laughery found that in only three academic programs of the 28 offered by the school was there a sufficient public safety interest that would allow suspicionless drug testing.

The judge issued a permanent injunction barring Linn State from conducting suspicionless drug tests of students except in those three programs. She also ordered the school to destroy all existing urine samples from students who are not in those programs and to refund the $50 drug test cost to all those students.

The students in the case were represented by the ACLU of Eastern Missouri, which challenged the drug testing policy in a 2011 lawsuit.

"Like most Americans, Missourians are tired of the War on Drugs and policies that assume that everyone is guilty of illegal drug use," said ACLU of Eastern Missouri executive director Jeffrey Mittman. "The court recognized that illusory safety concerns can be used 'to mask unconstitutional purposes.'"

"Forcing students to provide urine samples violates their constitutional rights," said Tony Rothert, legal director of the ACLU-EM. "To make matters worse, students had to pay the college $50 each for the tests that violated their privacy."

Jefferson City, MO
United States

Chronicle Book Review: High Price

High Price: A Neuroscientist's Journey of Self-Discovery That Challenges Everything You Know About Drugs and Society, by Dr. Carl Hart (2013, Harper/Harper Collins Publishers, 340 pp., $26.99 HB)

Dr. Carl Hart grew up black and poor in Miami in the 1970s and 1980s, learned discipline from his desire to be a professional athlete, joined the armed forces, and wandered almost by happenstance into a career in the neurosciences. Now, Hart is at the pinnacle of his field -- a respected researcher in drug effects, the first African-American to become a tenured professor in the sciences at Columbia University, and a member of the National Advisory Council on Drug Abuse and Dependency. And he has some things to say.

Some of those things contradict the conventional wisdom, but Hart has the cred -- both street and academic -- to state them. Although it is the addict or problematic drug user who is too often the media's face of drug use or the subject of scientific research, he notes, the vast majority of drug users are not addicts or problematic. And yes, that even extends to the most demonized drugs, like crack. While we were told one hit could get you strung out, it turns out only a small fraction of crack consumers are addicts, he points out.

Hart also has good, practical advice -- naive drug users shouldn't take drugs the same way experienced users do, for example, or get enough sleep! -- based not only on scientific research, but also personal observation and experience. Now at the pinnacle of his profession, he also wants to restore some sanity to our drug policies.

Dr. Hart has come a long way from the mean, if sun-splashed, streets of Miami, and with High Price, he takes you along for the ride. The journey is well worth it. Part memoir, part social history, part drug science, part plea for sanity on the issues of drugs, race, and class, High Price is revelatory as well as readable, illuminating as well as incisive, as impassioned as it is important.

While Hart grew up the wrong color and in a family scrabbling to hang on to its lower middle class status, his is, above all, an American story -- a story of coming of age, overcoming adversity, and striving for success and understanding in a world seemingly stacked against him. It's also the story of the American working class, buffeted by the de-industrialization that began in the 1970s, targeted by Reagan Republicans with cuts in social programs in the 1980s, and mostly dealt with by "tough on crime" and "tough on drugs" policies that have been in place ever since. That the malignant swelling of the nation's prison population is tied to Reagan era policies ( though many of them enacted by Democratic legislators) too often goes unnoted.

But of course, Hart isn't an unhyphenated American, he's African-American, and that means he carries an additional burden, the assumption too many make of criminality based on little more than his skin color. He wasn't expected to succeed, but to become a number, like so many of his peers. And, as he notes, but for the grace of god he could have gone down that path. He recounts the teenage criminality of he and his peers, making the stark point that a single arrest could make the difference between a career as a scientist and a career as an ex-con car washer. Some of his friends, no better or worse than he, had that unfortunate first encounter with law enforcement and the criminal justice system and never recovered: Educational opportunities blocked, job opportunities lost, they were essentially assigned to the scrap heap.

For some of them, it was a drug bust. Slinging dope was and is a way of life for the marginalized poor, an income, although not a great one, and a way to achieve status and respect. But of course, it's also a ticket to the slammer, particularly if you're poor and of color, without the resources available to middle class white folks. One thing Hart makes crystal clear is just how stacked the deck is against the urban poor, and that alone makes his book worth noting.

Hart grew into young adulthood imbibing the conventional wisdom about how drugs had had such a devastating impact on his community, but he also began to start thinking critically about the mismatch between rhetoric and reality. At some point along the way, he had a Chris Rock moment.

"You know what they say, crack is destroying the ghetto," Rock once famously observed. "Yeah, like the ghetto was so nice before crack. They say that shit like everyone in the 'hood had a yacht, a mansion, and a swimming pool, and crack came by and dried it all up."

As Hart began studying psychology and eventually neuroscience, he began noticing that the effects of crack cocaine widely touted in media and political discourses didn't match the science. In fact, he observed, most of the devastating effects attributed to crack could more fairly and accurately be attributed to poverty. Crack didn't bring guns to the ghetto; they were already there. Crack didn't bring broken families to the ghetto; they were already there. It may not have helped, but it was not the root cause of the problem.

"The effect of crack, when it had one, was mainly to exacerbate the problems that I'd seen in my home and in the hood since the 1970s," he wrote. "The drug's pharmacology didn't produce excess violence."

The studies on which he embarked, moving on from observing the effects of drugs on rats to observing their effects on people, led him to a startling -- and eye-opening -- conclusion: "Much of what we are doing in terms of drug education, treatment and public policy is inconsistent with scientific data."

Hart's critique extends to the science itself. He describes famous experiments where rats or monkeys alone in a cage will repeatedly press a lever to get more drugs, up to the point of death itself. But he then explains how those doses are many times higher than those any human would use, and he makes the crucial point that obsessive drug-taking behavior is reduced when the lab animals are part of a community and when they have other options.

Based on his scientific research, as well as his own observations and historical research (and musical and lyrical inspiration from the likes of Bob Marley and Public Enemy), Hart decided he needed to speak out against the injustices of the war on drugs. He became a board member of the Drug Policy Alliance, he began speaking to groups large and small, and High Price is part of that same education project.

This is not your typical drug policy tome. It's not a paean to pot, nor is it a dry academic treatise. But it is important, not only because it provides a voice for the voiceless peers he left behind, but also because it is a science- and evidence-based clarion call for a smarter and more human approach to drugs, one that situates drugs and problematic drug use within the broader social context. And it's a damned good read, too.

Look Out, New York, It's Credico For Mayor! [FEATURE]

New York City has earned itself the sobriquet of Marijuana Arrest Capital of the World, with tens of thousands of minor pot possession arrests every year -- mostly of young men of color -- generated in good part by the city's equally infamous stop-and-frisk policing, again aimed primarily at the city's young and non-white residents. There's a man running an outsider campaign for the mayor's office there this year who wants to end all that.

Randy Credico during 2010 Senate campaign
Veteran Big Apple civil rights, social justice, Occupy Wall Street (OWS), and drug reform activist Randy Credico, who also doubles as a professional comedian, is mounting an insurgent campaign for the Democratic Party mayoral nomination, and he wants to end the city's drug war and a whole lot more, and he wants to do it now.

The inventively funny, yet deadly serious, agitprop artist has an ambitious 17-point program for his first day in office, with promises that range from going after "the biggest criminals in our city" -- the Wall Street bankers -- and reforming the city's tax code to favor the poor to rolling back privatization of city schools and reforming various city agencies.

But just beneath banksters and taxes is a vow to begin reining in the NYPD by firing Police Commissioner Ray Kelly (to be replaced with Frank Serpico) and "abolishing the NYPD’s unconstitutional policies of racial profiling, stop and frisk, domestic spying, entrapment, and its infamous (albeit unadmitted) 'quota system.'"

Central to that policing reform plank, Credico says, is reclassifying the smoking and carrying of marijuana as no longer an arrestable offense. He also vows to fire any officer who lies or perjures himself on the stand, and to bar the use of "no-knock" warrants and stun grenades "except in the case of legitimate terrorist attack."

And he wants to replace the city's Special Narcotics Office with a Harm Reduction Office, whose leadership he has offered to Drug Policy Alliance head Ethan Nadelmann. He also vows to shut down the Rikers Island prison and turn it into a treatment center and education facility with a state of the art library, and to nominate law professor Michelle Alexander, author of The New Jim Crow: Mass Incarceration in the Age of Color-blindness, to run it.

That's quite a tall order for a first day in office, but Credico says he's up for it.

"I plan to stay up for 24 hours and get all that stuff done," he told the Chronicle.

Of course, first he has to win the Democratic Party nomination and then win the general election, and that's a pretty tall order, too. There is a bevy of candidates (polling data at the link as well) running for a shot at the prestigious post, and he is facing stiff establishment opposition in the primary, most notably from Public Advocate Bill de Blasio and the as yet officially undeclared city council Speaker Christine Quinn, who leads the other Democrats in early polls, but is in a close race with "undecided."

The Republican race includes a handful of announced or potential candidates led by former Metropolitan Transit Authority head Joseph Lhota (who still trails "undecided" by a large margin) and NYPD Commissioner Ray Kelly, who is as yet unannounced. The Libertarians may also field a candidate this year, possibly former "Manhattan madam" and gubernatorial candidate Kristin Davis, and we can't forget the Rent Is Too Damn High Party, either.

"The GOP has a rich guy who just jumped in, and the Democrats have a six-pack of hacks, all getting money from the real estate interests and Wall Street and none of whom will talk about the issues," Credico explained. "The Democrats are all doing the Schumer act -- just talking about the middle class, not the poor, the homeless, the division between the rich and poor, not about drug policy. This city is virtually a police state right now."

Credico has a remedy for that: Elect him.

"I will get rid of Police Commissioner Ray Kelly, who is a combination of J. Edgar Hoover and Joseph Fouche, Napoleon's dreaded head of the secret police. Everyone is afraid of him. He's got the Red Squads going; they were infiltrating groups at Occupy Wall Street. Kelly is doing all these joint operations with the feds under the guise of fighting terrorism, and this city is crawling with undercover cops -- FBI, DEA, AFT, all running joint task forces with the NYPD. They've foiled 14 plots, all hatched by the NYPD. Ray Kelly has way too much power," the veteran activist said flatly.

"There is a lot of money not only in the prison industrial complex, but also the police industrial complex," Credico noted. "They have asset forfeiture and lots of new schemes, tons of undercover agents, who are really there to beat up on the black community. They infiltrate, demonize, and destroy lives, and this has to stop."

Credico has been active in the Occupy Wall Street moving, having been arrested five times by the NYPD, but before that, he was active in the city's minority communities for years, working to reform the Rockefeller drug laws with the William Moses Kunstler Fund for Racial Justice (in between stints flying out to Tulia, Texas, to deal with the bogus mass arrests of black men on drug charges there), and fighting stop-and-frisk. He currently is taking time out of his days to attend hearings in the criminal trial of the NYPD officer who shot and killed unarmed 18-year-old Ramarley Graham in his own bathroom as he was flushing a bag of weed down the toilet.

"I go to every one of the court dates and sit right next to his mother," he said. "This cop invaded Ramarley's house and shot him in the head for weed, but it's not an isolated incident. No cops go to jail for killing a black person, but a spit on a cop and you can go to jail for years. This is just one cop -- and he's like the Lt. Calley of the NYPD. [Editor's Note: Calley was the sole US Army officer convicted of a crime in the Vietnam War My Lai massacre.] It's not an isolated incident; it's the policy, the same policy that killed Ramarley Graham and Sean Bell and Amador Diallou. So many people have been killed by the NYPD, and it's not just the guys on the street; it's a brutal force."

Marijuana could also be a wedge issue for him, Credico said.

"I'm a committed pot smoker, and I think it should be legal, and I'm the only candidate saying it should be legal. Of course, it's up to the state legislature to do that, but I would direct the NYPD not to enforce those laws and particularly not to arrest anyone."

Under current state law, pot possession is decriminalized, but beginning with Mayor Rudy Giuliani, the NYPD had a policy of turning what should have been tickets for possession into misdemeanors by either reaching in someone's pocket and removing the baggie or intimidating the person into revealing it himself, thus elevating the offense from an infraction to the misdemeanor of "public possession." Under increasing pressure over the tactic, Commissioner Kelly last year issued an order for it to stop, and arrests have declined somewhat, but still remain at unacceptably high levels.

In 2011, there were some 50,000 marijuana possession arrests in the city, nearly 80% of them of people of color. Nearly one-quarter (12,000) were youth aged 16 to 19, and of those, 94% had no prior criminal records.

And it's not just marijuana, Credico said.

"There should be no more prosecutions for drug possession," he said. "They should be going after the real criminals, the guys on Wall Street. They don't have to go up to Harlem and Washington Heights, the real big barracudas are right down here."

The city's criminal justice system is rotten to the core, he said.

"This is like Tulia, this is like the South," he moaned. "The criminal justice system here is a black box where blacks and Latinos go in and disappear into the penal system. The cops are white, the judges are white, the prosecutors are white -- only the Bronx has a rainbow coalition of prosecutors -- the rest are white, and they're going after black people in this city."

Many of those busted ended up in Rikers Island or the Tombs, often after first spending hours or days crammed into precinct holding cells.

"Rikers Island is like Alcatraz for poor people on minor drug offenses," said Credico. "It's all Mickey Mouse; there's no Hannibal Lectors there. They need to turn it into a university for poor people. And no one is talking about the Tombs. I've been there. There are lots of junkies in there going through withdrawals, filthy toilets, people penned in like cattle. No one will talk about that, or about the hundreds of precincts with their holding cells."

Unsurprisingly, Credico doesn't think much of his establishment opposition.

"Christine Quinn is Bloomberg in drag wearing a red wig," he declared, "and de Blasio supported stop-and-frisk. He was also Hillary's hit man when she was running for the Senate, and derailed Grandpa Munster Al Lewis's campaign then."

Lhota, who has recently made noises about legalizing marijuana, "looks like a weed head," Credico snorted. "But I actually smoke it."

Now, Credico has to go through the process of qualifying as a Democratic candidate, smiting his foes within the party, and then taking on the Republican challenger in the general election. His first official campaign task will be to complete a month-long signature-gathering drive in late spring to qualify for the primary.

"I'll be on talk shows -- people all over the place are asking for interviews -- making some ads and some YouTube videos, and they'll be interesting and funny. It will be a very entertaining campaign. We have buttons coming out soon, we have the web site, there are people who will be putting ads in the Nation," he explained.

"Drug reformers are interested in my campaign, and I've got tons of volunteers from the stop-and-frisk campaigns and people from OWS," he said. "I'm getting a lot of attention right now."

Credico, of course, is a long-shot, but even if he doesn't become the next mayor of New York, to the degree that his campaign shines a light on the problems in the city's criminal justice system and forces other candidates to address them, he will be judged a success.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

New York City, NY
United States

Will CO and WA Campuses Change Their Marijuana Policies?

2011 UC-Boulder 4/20 rally (courtesy NORML)
A USA Today article predicts colleges in Colorado and Washington won't be changing their marijuana policies soon:

"If someone thinks they are going to walk around campus smoking a joint, it's not going to happen," University of Washington spokesman Norman Arkans says.
 

It's not that college administrations hate marijuana. The issue is requirements placed on federal funding for research and student aid by the Drug Free Schools and Communities Act:

"We get caught in the vice between the state law and our obligations under the federal government. While it may be legal two blocks off campus, it will be illegal under federal law, so it will be illegal on campus."
 

Other schools' officials quoted were less certain, saying they'll need time to figure out what the law means now and how the feds will interpret it. I tend to think that there is something to what Arkans says, but only as far as it goes. School administrators, or at least the good ones, see federal requirements as forcing them into taking punitive measures in some cases when they'd see other approaches as more constructive. In practice that means they have more latitude to show lenience or to look the other way before a drug offense gets documented than after. But one of the ways that drug offenses get documented is through arrests. With fewer arrests, there will be less documentation, hence more opportunities to either work with a student who might have a problem, or to let something go.

As the article points out, the initiatives only legalized possession for persons 21 and over, whereas a majority of students on many campuses are under 21. I suspect that the climate will improve for people under 21 who are caught with marijuana, despite continued illegality, but only time will tell. By the way, the Drug-Free Schools and Communities Act is also one of the reasons schools don't like smoke-outs.

Schoolgirl Sues Pennsylvania District Over Drug Tests

An 11-year-old girl, the ACLU of Pennsylvania, and the Philadelphia law firm Dechert LLP have filed suit against a Lancaster County school district over its policy requiring random drug tests of students engaging in extracurricular activities. The ACLU said the lawsuit was filed last Wednesday.

The suit was filed on behalf of the student, identified only by the initials "MM" and her parents, Mika and Christopher McDougall of Peach Bottom. The lawsuit says MM was barred from participating in orchestra and chorus at the beginning of the school year and cannot join any athletic or academic teams because she and her parents refused to consent to submitting her to drug tests.

"We refused to sign the forms, so on her first day of orchestra, she was on her way to rehearsal, she was told by the principal she was not allowed to be in the orchestra," Christopher McDougall said.

MM is described as an academically high-performing student who was also asked to join the school's math club, but is barred from that as well.

The US Supreme Court has held that the random drug testing of student athletes or students involved in extracurricular activities does not violate the US Constitution. But some state supreme courts, including Pennsylvania's, have found protections against random drug testing of students in their state constitutions.

The lawsuit charges that the Solanco School District's student drug testing policy violates a 2003 Pennsylvania Supreme Court decision holding that random drug testing of students is unconstitutional unless the school districts can show that the group of students being tested had a high drug use rate. That case was Theodore v. Delaware Valley School District.

The ACLU and Dechert LLC brought similar lawsuits against two other school districts last year. In both of those cases, state court have issued preliminary injunctions barring the school districts from conducting random drug tests of students.

"In the past year, judges have issued injunctions to stop similar policies in two other school districts. Unfortunately, the Solanco School District has not learned from other districts' mistakes," said Reggie Shuford, executive director of the ACLU of Pennsylvania. "Not only are these policies a violation of students' right to privacy, numerous studies have shown they do not reduce student drug use," he continued.

"We're surprised and disappointed that Solanco School District is not only ignoring the law, but also the example of other school districts which have rejected the same policy because they understand that spying on students without suspicion is against the Constitution," said the McDougalls. "These are young people who have done nothing wrong, not prisoners on parole. We've tried repeatedly to persuade the district to abide by the state Supreme Court's ruling, but it has refused. That's unfortunate, because the district's responsibility is to teach students to respect and understand the law, not sidestep it."

The school district has yet to comment.

Peach Bottom, PA
United States

Fight Is On to Make Drug Possession a Misdemeanor in California [FEATURE]

At the end of February, state Sen. Mark Leno (D-San Francisco) introduced a bill that would make drug possession for personal use a misdemeanor in California. If the bill passes, California would join 13 other states and the District of Columbia that have taken the cost-saving and rehabilitation-aiding step of not making felons out of mere drug users.

California needs to reduce prison and jail overcrowding (US Supreme Court)
The measure, Senate Bill 1506, would make the possession of any controlled substance -- except up to an ounce of marijuana, which is already decriminalized -- a misdemeanor punishable by up to a year in county jail. Under current law, possession of controlled substances, such as heroin, cocaine, or methamphetamine, is a felony punishable by either up to 16 months in county jail or two to three years in state prison.

A felony conviction doesn't just mean jail or prison time. It becomes a permanent barrier to reentry into society, making access to education, employment, and housing more difficult, as well as barring people with such convictions from obtaining professional licenses and subjecting them to various other obstacles.

The bill is backed by an array of drug policy, civil liberties, and human rights groups, including early supporters the American Civil Liberties Union, the California State NAACP, the Drug Policy Alliance, and the Ella Baker Center for Human Rights.

Budget-conscious California voters have shown an interest in drug sentencing reform in the past. In 2000, they passed Proposition 36 to divert drug offenders from prison to treatment by a margin of 61%. Since then, the state's economic situation has only gotten worse, and pressure to do something about its gargantuan $9.3 billion corrections budget is on the rise.

A Lake Research Partners poll released last April found that 72% of respondents favored changing drug possession from a felony to a misdemeanor, with 40% saying small-time drug possession for person use should be considered an infraction, with no jail time. Strong support for such a reform cuts across party lines, with support among Democrats at 79%, among independents at 72%, and among Republicans at 66%.

"Over the years we have learned that long prison sentences do little to deter or limit personal drug use," said Sen. Leno. "In fact, time behind bars and felony records often have horrible consequences for people trying to overcome addiction because they are unlikely to receive drug treatment in prison and have few job prospects and educational opportunities when they leave. This legislation will help implement public safety realignment and protect our communities by reserving prison and jail space for more serious offenders," he said.

"This bill merely revises the charge from a felony to a misdemeanor," Leno told the Chronicle Tuesday. "It will save the counties about $160 million a year, according to the Legislative Analyst's Office, and the state another $65 million. Thirteen states have already done this, and they have higher rates of treatment and lower rates of drug use and property and violent crime."

"The war on drugs has been an abysmal failure we can no longer afford," said Allen Hopper, Criminal Justice and Drug Policy Director at the ACLU of California. "California voters agree the punishment should fit the crime, and a felony for simple possession is ridiculous. Those who are addicted to drugs need treatment, not a jail cell and a felony conviction with severe and life-long consequences, like reduced access to job opportunities, student loans, and small business loans."

Drug possession would be a misdemeanor in California rather than a felony if SB 1506 passes (wikimedia.org)
"The goal is to make the penalty closer to what people think it should be," said Margaret Dooley-Sammuli, senior policy analyst for criminal justice and drug policy at the ACLU of San Diego and Imperial Counties. "People think a felony charge is too harsh, and there is pretty universal support for treating drug use more as a health issue and prioritizing law enforcement resources for people convicted of serious offenses," she told the Chronicle.

The push for the bill is picking up steam, Dooley-Sammuli said.

"We have quite a broad coalition, and the list of groups coming out in support is long and getting longer by the day," she said. "We have faith, treatment, and housing groups; we have job placement organizations; we have family members and other folks who realize the this penalty is just too harsh. We've just added two more: California Attorneys for Criminal Justice, a defense attorneys' group, and the William Velasquez Institute, a group that will bring Latino communities into the process of helping to shape policies that impact them."

While an impressive coalition is budding to support the bill, and while polls suggest strong public support for such a measure, not everybody is on board, particularly law enforcement. 

"We're opposed to this bill for a variety of reasons," said John Lovell, a Sacramento attorney who is a lobbyist for the California Police Chiefs Association. "We don't think it's appropriate to reduce these offenses to misdemeanors because of severe unintended consequences. No one in California is being incarcerated for a first or second drug possession offense; instead, they are sent to a Proposition 36 drug treatment program," Lovell told the Chronicle.

"We believe this will create a disincentive for people to participate in a Prop 36 treatment program, and that is not a good thing," the lobbyist continued. "To the extent we can have a successful treatment result, that is one less person in a cycle of drug addiction."

"Oh, please!" exclaimed Dooley-Sammuli. "Lovell said the same kinds of things when Prop 36 passed. They were saying the sky would fall, that nobody would be in treatment and there would be crime in the streets, but the crime rate continues to go down."

Given the current fiscal constraints on the state criminal justice system, the "real world" result of downgrading drug possession to a misdemeanor would be that drug offenders essentially walk free, Lovell said.

"Say a person is convicted of meth possession," he said. "He is told he has a choice of Prop 36 treatment or going to the county jail, but the jails are all filled to capacity, and nobody does any time for a misdemeanor offense. An attorney representing such as person is ethically bound to say 'If you refuse treatment, there is no real sanction at all,'" Lovell maintained. "These will be misdemeanants, not felons, not under supervision and not breaking the cycle of addiction, which means the crimes they commit to purchase their dope will continue," he said. "It's not like you get a scholarship to pay for the cost of your meth."

But the bill provides for up to three years probation -- five years in some cases -- and would allow judges to order drug treatment as a condition for probation.

Saying that the state will benefit from saving money on not prosecuting drug users as felons is "a hackneyed argument," Lovell said. "If you say it will save money because these people aren't being supervised, yes, it will save that money, but if they're not being supervised they're more likely to go out and commit the economic crimes addicts commit. It's not so much a savings as a cost shift," he argued.

"We do not see this bill as yielding any positive public policy results," Lovell summed up.

"None of California's existing programs to make treatment available will be affected by this," countered Dooley-Sammuli, "and counties will have the freedom to use these dollars more wisely to make treatment more available. Compared to five years ago, treatment dollars have absolutely been gutted, and we're really working to identify ways to preserve funding so we can protect treatment. It's really disingenuous for our opponents to talk about this getting in the way of access to treatment. If Jerry Lovell is worried about access to treatment, we call on him to support this bill."

Leno responded more tersely to Lovell's arguments. "He's a dogmatic extremist. If you think drug use is a bad thing, the states that have actually lowered drug use are not felony states," the San Francisco Democrat said. "By making these offenses misdemeanors, we can remove barriers to housing, education, and employment -- the very things a felony conviction makes it more difficult to obtain, those unintended consequences of a felony conviction."

Now, it's up to the measure's supporters to get it moving. The bill will be heard in the Senate Public Safety Committee next month. For it to pass this year, it has to get out of committee, win approval in the Senate, and then go through the same process in the Assembly. And it has to happen by August, when the session ends.

"It's a very tight time-frame," said Dooley-Sammuli. "We're still educating people about this bill, but this is a serious effort, and we believe we can get that support with the right coalition partners and more education. Sen. Leno doesn't introduce bills just to make a statement, but because he thinks they have a political chance."

"We're looking for support anywhere and everywhere," Leno said. "We are talking to law enforcement agencies to educate them that there is no data showing that felony convictions reduce drug use."

There's clearly some work to be done on that score. But more important is getting actual legislators to vote for the bill.

"I believe there will be significant, and hopefully sufficient, Democratic support for the bill," said Leno, "and I'm also hoping Republican colleagues will see we can't waste the money and must invest in evidence-based programming."

California has the chance to pass a smart, cost-effective, and humane drug sentencing reform bill, but the clock is ticking.

The other states that treat drug possession as a misdemeanor are Delaware, Iowa, Maine, Massachusetts, Mississippi, New York, Pennsylvania, South Carolina, Tennessee, West Virginia, Wisconsin, and Wyoming, as well as the District of Columbia.

Sacramento, CA
United States

Gingrich Would Execute Mexico Drug Cartel Leaders

Republican presidential nominee contender Newt Gingrich said Saturday he would favor the use of the death penalty against Mexican drug trafficking organization leaders. The comments came in an interview with Yahoo News in which the former Georgia congressman and Speaker of the House also called medical marijuana in California "a joke" and suggested he would try to make life miserable for US drug users as a means of driving down drug use rates.

GOP presidential contender Newt Gingrich (wikimedia.org)
Gingrich is now a leading contender for the Republican nomination. According to Real Clear Politics, which averages all polls, Gingrich is in first place nationally with 23.8%, ahead of his closest contender, Mitt Romney, who has 21.3%.

"My general belief is that we ought to be much more aggressive about drug policy, and that we should recognize that the Mexican cartels are funded by Americans," Gingrich said.

When asked if he stood by his 1996 legislation that would have given the death penalty to drug smugglers, he replied in the affirmative.

"I think if you are, for example, the leader of a cartel, sure," he said. "Look at the level of violence they've done to society. You can either be in the Ron Paul tradition and say there's nothing wrong with heroin and cocaine or you can be in the tradition that says, 'These kind of addictive drugs are terrible, they deprive you of full citizenship and they lead you to a dependency which is antithetical to being an American.' If you're serious about the latter view, then we need to think through a strategy that makes it radically less likely that we're going to have drugs in this country."

Gingrich suggested that Singapore, which imposes corporal punishment for minor offenses and the death penalty for drug offenses, was a role model. "Places like Singapore have been the most successful at doing that," Gingrich said. "They've been very draconian. And they have communicated with great intention that they intend to stop drugs from coming into their country."

For Gingrich, being aggressive on drug policy also "means having steeper economic penalties and it means a willingness to do more drug testing."

He elaborated on what he had in mind in response to another question: "I think that we need to consider taking more explicit steps to make it expensive to be a drug user," he said. "It could be through testing before you get any kind of federal aid. Unemployment compensation, food stamps, you name it."

Gingrich said that he wasn't a fan of imprisoning drug users and instead suggested that they be subjected to forced drug treatment. "I think finding ways to sanction them and to give them medical help and to get them to detox is a more logical long-term policy," he said.

Regarding medical marijuana, Gingrich, said he would continue current federal policy "largely because of the confusing signal that steps towards legalization sends to harder drugs [sic]." He also rejected letting states set their own policies "because I think you guarantee that people will cross state lines if it becomes a state-by-state exemption."

He also threw in a gratuitous jab at California's medical marijuana law. "I think the California experience is that medical marijuana becomes a joke," he said. "It becomes marijuana for any use. You find local doctors who will prescribe it for anybody that walks in."

GOP contenders Texas Congressman Ron Paul and former New Mexico Gov. Gary Johnson have taken firm anti-prohibitionist stands on drug policy, but they are finding little support among voters for a party that claims to be for limited government and states' rights. Newt Gingrich's comments on drug policy are only the latest indication that for most Republicans, continuing to fight the war on drugs trumps other party principles.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

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