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Obama's 2012 Drug Strategy: The Same Old Same Old [FEATURE]

The Obama administration released its 2012 National Drug Control Strategy and accompanying 2013 drug budget Tuesday, and while the administration touted it as a "drug policy for the 21st Century," it is very much of a piece with anti-drug policies going back to the days of Richard Nixon.

Drug war spending continues to exceed treatment and prevention spending (ONDCP)
"We will continue to pursue a balanced approach… in a national effort to improve public health and safety," wrote Office of National Drug Control Policy (ONDCP) head Gil Kerlikowske in the introduction to the strategy. "We will work to prevent illicit drug use and addiction before their onset and bring more Americans in need of treatment into contact with the appropriate level of care. We will continue to build on the administration’s progress in reforming the justice system, ensuring that laws are applied fairly and effectively -- protecting public safety while also ensuring that drug-involved offenders have the opportunity to end their drug use and rebuild their lives."

But that's only one half of the administration's approach. The other half, as Kerlikowske makes clear, it continued adherence to classic war on drugs strategies.

"We will continue to counter drug produc­tion and trafficking within the United States and will implement new strategies to secure our borders against illicit drug flows," the drug czar wrote. "And we will work with international partners to reduce drug production and trafficking and strengthen rule of law, democratic institutions, citizen security, and respect for human rights around the world."

The federal government will spend more than $25 billion on drug control under the proposed budget, nearly half a billion dollars more than this year. And despite the administration's talk about emphasizing prevention and treatment over war on drugs spending, it retains the same roughly 60:40 ratio of law enforcement and interdiction spending over treatment and prevention training that has obtained in federal drug budgets going back years. In fact, the 58.8% of the proposed budget that would go to drug war programs is exactly the same percentage as George Bush's 2008 budget and even higher than the 56.8% in Bush's 2005 budget.

ONDCP director Gil Kerlikowske
In the 2013 drug budget, treatment and early intervention programs would be funded at $9.2 billion, an increase of more than $400 billion over this year, but most of that increase is for treatment covered under the Medicaid and Medicare programs. Grant programs under the Substance Abuse and Mental Health Services Administration (SAMHSA), including Access to Recovery, early screening and referral, and drug courts are all reduced under the 2013 budget, although drug courts would see an increase in funding under the Department of Justice's Problem Solving Justice Program.

One area where treatment funding is unequivocally increased is among the prison population. Federal Bureau of Prisons treatment spending would jump to $109 million, up 17% over this year, while the Residential Substance Abuse Treatment Program for state prisoners would be funded at $21 million, up nearly 50% over this year.

The drug strategy's rhetorical emphasis on prevention is not reflected in the 2013 budget, which calls for a 1% decrease in funding. SAMHSA prevention grants and Drug Free Communities funding would decrease slightly, while the administration seeks $20 million to restart the much maligned and congressionally zeroed-out Youth Drug Prevention Media Campaign.

On the drug war side of the ledger, domestic anti-drug law enforcement spending would increase by more than $61 million to $9.4 billion, with the DEA's Diversion Control Program (prescription drugs) and paying for federal drug war prisoners showing the biggest increases. The administration anticipates shelling out more than $4.5 billion to imprison drug offenders.

But domestic law enforcement is only part of the drug war picture. The budget also allocates $3.7 billion for interdiction, a 2.5% increase over the 2012 budget, and another $2 billion for international anti-drug program, including assistance to the governments of Central America, Colombia, Mexico, and Afghanistan.

Critics of the continued reliance on prohibition and repression were quick to attack the new drug strategy and budget as just more of the same.

"The president sure does talk a good game about treating drugs as a health issue but so far it's just that: talk," said Neill Franklin, executive director of Law Enforcement Against Prohibition (LEAP) and a former narcotics officer in Baltimore. "Instead of continuing to fund the same old 'drug war' approaches that are proven not to work, the president needs to put his money where his mouth is."

"This budget is appalling. The drug czar is trying to resurrect those stupid TV ads, like the one where a teenager gets his fist stuck in his mouth," said Rob Kampia, executive director of the Marijuana Policy Project. "The budget intentionally undercounts the federal government's expenditures on incarcerating drug offenders, who comprise more than half of the federal prison population. And the budget dangerously proposes a massive escalation in using the military to fight drugs domestically. Congress should just ignore this budget and start from scratch. Specifically, Congress should not provide the Obama administration with any money to go after nonviolent marijuana users, growers, or distributors."

In the 2013 drug strategy, the administration is highlighting a renewed emphasis on drugged driving and is encouraging states to pass "zero tolerance" drugged driving laws. It is also emphasizing attacking the massive increase in non-prescription use of opioid pain pills.

While the strategy calls for lesser reliance on imprisonment for drug offenders, it also calls for increased "community corrections" surveillance of them, including calling for expanded drug testing with "swift and certain" sanctions for positive tests. But drug testing isn't just for parolees and probationers; the drug strategy calls for expanded drug testing in the workplace, as well.

The drug strategy acknowledges the calls for recognition of medical marijuana and marijuana legalization, but only to dismiss them.

"While the Administration supports ongoing research into determining what components of the marijuana plant can be used as medicine, to date, neither the FDA nor the Institute of Medicine has found the marijuana plant itself to meet the modern standard for safe or effective medicine for any condition," the strategy said. "The Administration also recognizes that legalizing marijuana would not provide the answer to any of the health, social, youth education, criminal justice, and community quality of life challenges associated with drug use."

For Bill Piper, director of national affairs for the Drug Policy Alliance, the 2012 drug strategy was all too familiar.

"This strategy is nearly identical to previous national drug strategies," he said. "While the rhetoric is new -- reflecting the fact that three-quarters of Americans consider the drug war a failure -- the substance of the actual policies is the same. In reality, the administration is prioritizing low-level drug arrests, trampling on state medical marijuana laws, and expanding supply-side interdiction approaches -- while not doing enough to actually reduce the harms of drug addiction and misuse, such as the escalating overdose epidemic."

The release of the drug budget comes just days after President Obama returned from the Summit of the Americas meeting, where he was pressed to open up a debate on legalizing and regulating drugs by sitting Latin American presidents like Juan Manuel Santos of Colombia and Otto Perez Molina of Guatemala. And it comes as marijuana legalization is at the cusp of majority support and trending upward.

It is past time to keep making minor adjustments -- a slight funding increase here, a decrease there, a shift of emphasis over there -- in what is fundamentally a flawed and failed policy, said LEAP's Franklin.

"The chorus of voices calling for a real debate on ending prohibition is growing louder all the time," said Franklin. "President Obama keeps saying he is open to a discussion but he never seems willing to actually have that discussion. The time for real change is now. This prohibition strategy hasn't worked in the past and it cannot work in the future. Latin American leaders know it, and President Obama must know it. Let's stop the charade and begin to bring drugs under control through legalization."

Washington, DC
United States

Meet Obama's Proposed 2013 Federal Drug Budget [FEATURE]

The Obama administration this week released its Fiscal Year 2013 National Drug Control Budget, and it wants to spend nearly $26 billion on federal anti-drug programs. Despite all the talk about the staggering federal debt problem and current budget deficits, the administration found nothing to cut here. Instead, the proposed budget increases federal anti-drug funding by 1.6% over fiscal year 2012.

Drug War Autopilot and Co-Autopilot: ONDCP Director Gil Kerlikowske with President Obama
The proposed budget is remarkable for how closely it hews to previous years, especially in regard to the allocation of resources for demand reduction (treatment and prevention) versus those for supply reduction (domestic and international law enforcement and interdiction). The roughly 40:60 ratio that has been in place for years has shifted, but only incrementally. The 2013 budget allocates 41.2% for treatment and prevention and 58.2% for law enforcement.

"This is very much the same drug budget we've been seeing for years," said Bill Piper, national affairs director for the Drug Policy Alliance (DPA). "The Obama drug budget is the Bush drug budget, which was the Clinton drug budget. Little has changed."

"It's really just more of the same," said Sean Dunagan, a former DEA intelligence analyst whose last assignment in northeastern Mexico between 2008 and 2010, a when prohibition-related violence there was soaring, helped change his perspective. Dunagan quit the DEA and is now a member of Law Enforcement Against Prohibition (LEAP).

"There are very minor adjustments in how the drug spending is allocated and bit more money for treatment, but there's a significant increase in interdiction, as well as a $61 million increase for domestic law enforcement," Dunagan noted. "They're trying to argue that they're abandoning the drug war and shifting the focus, but the numbers don't really back that up."

The proposed budget also demonstrates the breadth of the federal drug spending largesse among the bureaucratic fiefdoms in Washington. Departments that catch a ride on the drug war gravy train include Agriculture, Defense, Education, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Justice, Labor, State, Transportation, and Veterans' Affairs, as well as the federal judiciary, District of Columbia courts, the Small Business Administration, and, of course, the Office of National Drug Control Policy (ONDCP -- the drug czar's office).

"It's just the same old programs being funded through the same old stove-pipes," said Eric Sterling, executive director of the Criminal Justice Policy Foundation. "In a way, it's ironic. When Congress passed the legislation creating the drug czar's office in 1988, the idea was for the drug czar to look at all the federal anti-drug spending and come in and say he was going to take the funds from one program and shift them to a more effective program. I think many in Congress hoped he would shift resources from law enforcement to treatment and prevention because there was evidence that those sorts of programs were more effective and a better use of resources. That didn't happen," he said.

"The people who run the bureaucratic fiefdoms at Justice, Homeland Security, Defense, State and Treasury have outmuscled the drug czar, and now the drug czar's budget announcements are reduced to public relations and spin," Sterling continued. "They take some $15 or $20 million program and bullet-point it as significant, but that's almost nothing when it comes to federal drug dollars."

The Justice Department alone would get $7.85 billion, up almost $400 million from FY 2012, with the Bureau of Prisons (BOP) and the DEA among those Justice components seeing funding increases. BOP spending would increase by about 8%, while the DEA budget would increase from $2.35 billion to $2.38 billion. On the other hand, the National Drug Intelligence Center in Johnstown, Pennsylvania, which lost its congressional patron with the death of Rep. John Murtha (D-PA), has been zeroed out.
 

"The hundreds of millions of dollar increases in funding requested for the Federal Bureau of Prisons is particularly outrageous," said Sterling. "There are too many people doing too much time they don't need to be doing. Obama has the power to save hundreds of millions of dollars by commuting excessively long sentences. He could reduce the deficit and increase the amount of justice in America.

"He could tell the BOP he was ordering a cap on the federal prison population that now has a sentenced population of 198,000, Sterling continued, on a roll. "He could order them that whenever a new prisoner arrives, they have to send him the names of prisoners who may have served enough time for their crimes for him to consider for immediate release from prison. He could ask all the federal judges to send him the names of people they have sentenced to longer terms than they think are just. If he had the heart to reach out to those prisoners who are serving decades for minor roles and their suffering families, if he had the brains to put in place the means to achieve those cost-serving measures, and if he had the guts to actually use the constitutional power he has to do it, that would be great."

"That increase in incarceration spending really jumps out at me, too" said Dunagan. "To make their claim that they're not going to be locking up small-time dealers and users is pretty disingenuous."

Pentagon spending on interdiction and other anti-drug activities would decline somewhat, with the budget proposing $1.725 billion for 2013, a decline of $200 million from the 2012 budget. But interdiction spending goes up elsewhere, as Dunagan noted.

And State Department drug spending would take a hit. Spending would decline by just more than $100 million to $687 million, but most of that decrease would come from reduced funding for alternative development assistance, while State's other drug-related program, the Bureau of International Narcotics and Law Enforcement Affairs ("drugs and thugs"), would see only a $6 million decrease.

While funding for prevention and treatment would increase by 4.6% under the proposed budget, some treatment and grant programs are seeing cuts, while criminal justice system-based approaches are getting more money.

"I'm concerned that the budget seems to be emphasizing drug courts and criminal justice-based drug treatment," said Piper. "They're cutting SAMHSA, which funds a lot of treatment, but increasing spending for prison-based treatment."

The $364 million earmarked for SAMHSA's treatment programs is a $61 million reduction from FY 2012, while drug courts saw a $17 million increase to $52 million and BOP drug treatment programs saw a $16 million increase to $109 million.

The new drug budget also resurrects the drug czar's widely criticized National Youth Media Campaign, dropped last year when Congress failed to fund it.

"I'm also disappointed that they put back in funding for the drug czar's failed youth media campaign, which Congress eliminated last year," said Piper. "It's only $20 million, and you can hardly do a national media campaign with that, but still."

This is only the administration's budget proposal, of course, and Congress will have plenty of opportunities to try to cut (or increase) portions of it. Still, the proposed budget is a window on the thinking of administration that has talked the talk about how we are no longer in a war on drugs, but has taken only stumblingly tiny steps toward walking the walk. And drug reformers aren't liking what they're seeing.

"LEAP thinks this is misguided," said Dunagan. "The only thing that's different is the rhetoric used to spin it, and even that is a sort of tacit acknowledgment by the administration that people don't really like the drug war, but substantively, there's very little different from the past."

"Between the drug budgets and his war on medical marijuana, we're very disappointed in Obama," said DPA's Piper.

"We should be disappointed in the Obama administration," said Sterling. "There was supposed to be change. This was the University of Chicago law professor, the Harvard-trained lawyer, who was going to bring in his own people and make real change. I'm very disappointed in his drug policies and criminal justice policies. My disappointment with his policy failures don't have anything to do with the economic crisis or the geostrategic situation he inherited.

Washington, DC
United States

Crazy Anti-Drug Ad Tells Kids to Do Parkour Instead of Drugs

As I've discussed previously, Drug Czar is just one of the worst jobs you can have. You don't get to use cool weapons or go on missions or do anything exciting, ever. Your job is to convince adults that the drug war is good and convince young people that drug use is bad. It hasn't gone well for anyone, no, not at all.

If anybody needs a quick exhibit in why the government's anti-drug propaganda has become such a joke, you're in luck, because the Drug Czar's office continues to release some of the straight-up stupidest advertisements I've ever seen, and this is one of them right here:

The message of this ad is, "Hey kids, don't do drugs. Jump from rooftops! It's better somehow." That's exactly what the message of this ad is, and it's the only message the ad even contains. If I am mistaken, if the message of this ad isn’t that leaping from dangerously high places is better for you than smoking marijuana or tripping on silly-pills, then please explain to me what it is that I don't understand about this.

As Pete Guither points out, it's all just a sad attempt by the Drug Czar's office to associate their messaging with something cool, and it's true that parkour is A) hip, and B) not drugs. But that's about as far as this idea gets before literally landing flat on its face. You see, parkour is, well, let's just say it's not a very good way for young people to avoid injuring themselves.

The very idea that the Drug Czar would endorse this particular pastime as an alternative to pot is incredible. Is it necessary for me to continue to pointing out that a lot of the people responsible for manufacturing anti-drug messaging in America are nothing more than professional drug war cheerleaders who don't have a clue what they're talking about, don't give a crap about the safety of children, and wouldn’t know where to begin even if they did?

We've come a long way from the days when the government warned everyone that taking drugs would make you go crazy and jump off a building. Now, our young people are being encouraged to jump off buildings in order to distract themselves from the alluring dangers of drugs. The whole thing is so pure in its irony, so perfectly and completely absurd, that it could come from only one source. The Drug Czar's advertisements pose a continuing threat to the safety of the nation's youth, and parents will have to take an active role in protecting their children from the dangers of ill-conceived anti-drug propaganda until these reckless messages are removed from the airwaves once and for all.

Update: In response to comments from parkour fans, I have zero problem with parkour and I think it's awesome when young people learn how to do cool backflips and stuff like that. It's just an unusual thing for the government to endorse. Given that the Drug Czar can see no safe way to use marijuana, I'm surprised he would have anything nice to say about jumping off buildings either. It's ironic, and more powerfully so if you're as familiar with the history of government anti-drug propaganda as I am. I'm sorry if, in my eagerness to make that point, I appeared to paint parkour in a negative light. If necessary, I would defend vigorously your right to do it, and I hope no one in the parkour community ever faces the kind of ruthless and systemic government persecution that responsible marijuana users have endured for decades.

Chronicle Book Review: Drugs and Drug Policy

Drugs and Drug Policy: What Everyone Needs to Know, by Mark Kleiman, Jonathan Caulkins, and Angela Hawken (2011, Oxford University Press, 234 pp., $16.95 PB)

http://stopthedrugwar.org/files/drugs_and_drug_policy.jpg
Mark Kleiman isn't real popular among the drug reform set. The UCLA professor of public policy is no legalizer, and even though he's too much of an evidence-minded academic to be a wild-eyed drug warrior, he still seems to have an unbecoming fondness for the coercive power of the state. Kleiman, who gets top-billing over coauthors Jonathan Caulkins of Carnegie Mellon and Angela Hawken at Pepperdine, also ruffles reformers' feathers with unnecessary snideness and snark.

But I watched Kleiman address Students for Sensible Drug Policy conventions a couple of times, and I thought it was a good thing, a very useful jolt to the group-think that can grip any gathering of congregants committed to a cause. I thought having the students have to hear the arguments of a leading academic thinker on drug policy who, while not "the enemy," was not especially saying what the average SSDPer wanted to hear, was salubrious for their critical thinking skills. I still think so.

In Drugs and Drug Policy, Kleiman and his coauthors continue with the occasional jibes aimed at the drug reform movement, at times reach conclusions at odds with my own, but also serve up a surprisingly chewy work of drug policy wonkery in delicious bite-size chunks. The innovative format, something like a series of FAQs organized within broader chapters -- "Why Have Drug Laws?" "How Does Drug Law Enforcement Work?" "What Treats Drug Abuse?" "Can Problem Drugs Be Dealt With at the Source?" -- allows us to unpack that all-encompassing monster called "drug policy" one subset at a time, and for that achievement alone, is worthy of praise. That it manages to cover so much ground in a paltry 234 pages is all the more laudable.

Overall, Drugs and Drug Policy is smart, reasonable, and thoughtful. It wants policies based on evidence and it advocates for some intelligent alternatives to current policies. It recognizes the utility of needle exchanges, safe injection sites, and opiate maintenance, even as it complains that "harm reduction" has been hijacked by legalizers. It explains that most people who use drugs -- even those diagnosable as suffering from substance abuse disorders -- will quit using drugs themselves without recourse to treatment. And it even allows that drug use can have beneficial effects, even if it doesn't do so until the seventh chapter.

But Kleiman et. al dismiss decriminalization as unlikely to have a big impact on the social fiscal burden of drug law enforcement because, even though it doesn't appear to have much impact on consumption, drug consumers are not, for the most part, filling our prisons -- drug dealers are. While they do concede that not criminalizing otherwise law-abiding citizens could have "significant benefits," they seem to underplay the negative, life-long impact of a criminal drug record on one's life prospects.

In fact, they seem all too comfortable with maintaining the pernicious role of the criminal justice system in drug policy even as they recognize that enforcing the drug laws is "unavoidably an ugly process," with its reliance on snitches, surveillance, and other "intrusive methods" of enforcement. To give them credit, they want smarter drug law enforcement -- concentrating police repression on violent drug dealers while turning a blind eye to discreet dealing, triaging coerced drug treatment spots so they are reserved for the people who could most benefit from them, giving up on interdiction and source country eradication as ineffective -- that might actually reduce the social and fiscal costs of both drug abuse and enforcement, and since drug prohibition isn't going away anytime soon, at least wasting less money on drug war tactics that don't work well should be on the table.

And they reject drug legalization as too scary to experiment with, but seem to imagine it as possible only within a corporate-controlled, heavily-advertised, low-priced scenario similar to that which has accreted around the alcohol industry. Yes, it's probably true that selling cocaine like Coors, would lead (at least initially) to a significant increase in use and problem use, but why does that have to be the only model? A government monopoly similar to the state liquor store model, with reasonable taxes and no corporate pressure to advertise could conceivably allow legalization without the increases in consumption that the authors predict, even though they concede they don't know how large they might be.

Still, when you get to what it is Kleiman et al. would do if they had their druthers, all but the most purist of legalization advocates will find a lot to like. They create three separate lists of recommendations -- a "consensus list" of reforms they think are politically doable now or in the near future, a "pragmatic list" of reforms that would appeal to dispassionate observers but could raise the hackles of moralists, and a "political bridge too far list" of reforms too radical for mainstream politicians to embrace.

The "consensus list" includes expanding opiate maintenance therapy, encouraging evidence-based treatment, early intervention by the health care system, encouraging people to quit on their own (as opposed to being "powerless"), relying less on interdiction, ending the charade that alternative development is drug control, and concentrating drug enforcement on reducing violence and disorder, as well as smarter, more effective coerced treatment in the legal system. If we saw the drug czar's office produce a National Drug Control Strategy with these recommendations, we would consider that a great victory. It ain't legalization, but its headed in a more intelligent, more humane direction.

The "pragmatic list" includes recommendations to lower the number of drug dealers behind bars, not reject harm reduction even if it's been "hijacked," stop punishing former dealers and addicts, reduce barriers to medical research on illegal substances, and be open-minded about less harmful forms of tobacco use.

The authors don't neglect alcohol and tobacco -- the two most widely-used drugs -- and that is really evident in their "political bridge too far" recommendations. The first three items there are aimed squarely at reducing alcohol consumption and its ill effects. They also argue for the legalization of individual or collective marijuana cultivation, a sort of legalization without the market, increased study of the non-medical benefits of drugs, and increasing cigarette taxes in low tax states.

I think Drugs and Drug Policy needs to be read by anyone seriously interested in drug policy reform. It hits almost all the bases, and it's well-informed, provocative, and challenging of dogmatic positions. You don't like the authors' conclusions? Refute them. It'll be good for you.

Obama Says Drug Users Must Be Treated as Criminals

No, those weren't his exact words, but his exact words don't sound much better. My latest piece at Huffington Post explores the inherent contradictions that spring forth from the president's most recent contribution to the drug policy debate. Check it out.

NAACP Calls for End to War on Drugs

The National Association for the Advancement of Colored People (NAACP) has now officially broken with the war on drugs. At its 102nd annual convention in Los Angeles Tuesday, the nation's oldest and largest black advocacy group passed an historic resolution calling for an end to the drug war.

screening of "10 Rules for Dealing with Police," NAACP national conference, July 2010
The title of the resolution pretty much says it all: "A Call to End the War on Drugs, Allocate Funding to Investigate Substance Abuse Treatment, Education, and Opportunities in Communities of Color for A Better Tomorrow."

"Today the NAACP has taken a major step towards equity, justice and effective law enforcement," said Benjamin Todd Jealous, president and CEO of the NAACP.  "These flawed drug policies that have been mostly enforced in African American communities must be stopped and replaced with evidenced-based practices that address the root causes of drug use and abuse in America."

The resolution noted that the US spends over $40 billion a year to battle against drugs and locks up hundreds of thousands of low-level drug offenders, mostly from communities of color. Blacks are 13 times as likely to be imprisoned for low-level drug offenses as whites, despite using drugs at roughly the same rate as whites, the group noted.

"Studies show that all racial groups abuse drugs at similar rates, but the numbers also show that African Americans, Hispanics and other people of color are stopped, searched, arrested, charged, convicted, and sent to prison for drug-related charges at a much higher rate," said Alice Huffman, President of the California State Conference of the NAACP, which last year endorsed California's Prop 19 marijuana legalization initiative. "This dual system of drug law enforcement that serves to keep African-Americans and other minorities under lock and key and in prison must be exposed and eradicated."

Instead of choking the US criminal justice system with drug offenders, the resolution called for an investment in treatment and prevention programs, including methadone clinics and treatment programs proven effective.

"We know that the war on drugs has been a complete failure because in the forty years that we’ve been waging this war, drug use and abuse has not gone down," said Robert Rooks, director of the NAACP Criminal Justice Program. "The only thing we've accomplished is becoming the world's largest incarcerator, sending people with mental health and addiction issues to prison, and creating a system of racial disparities that rivals Jim Crow policies of the 1960's."

Neill Franklin, an African American former narcotics cop from Baltimore and executive director of Law Enforcement Against Prohibition, made a presentation about ending the war on drugs to the conference Monday, and had more to say Tuesday.   

"The NAACP has been on the forefront of the struggle for civil rights and social justice in this country for over a century. The fact that these leaders are joining others like the National Black Police Association in calling for an end to the 'war on drugs' should be a wake up call to those politicians - including and especially President Obama - who still have not come to terms with the devastation that the 'drug war' causes in our society and especially in communities of color."

Although passed by delegates to the convention, the resolution must be ratified by the NAACP board of directors in October. Once that happens, the NAACP's 1,200 active units across the country will mobilize to conduct campaigns advocating for the end of the war on drugs.

The African-American community has long suffered the brunt of drug law enforcement in this country, but has proven remarkably resistant to calls to reform our drug policies, in part because it has also suffered the effects of drug abuse. That the nation's leading African-American organization has taken a stand against the drug war is a big deal.

Los Angeles, CA
United States

The 2011 National Drug Control Strategy: Drug Policy on Autopilot [FEATURE]

The Office of National Drug Control Policy (ONDCP -- the drug czar's office) Monday released this year's version of the annual guiding federal document on drug policy, the 2011 National Drug Control Strategy, and there's not much new or surprising there. There is a lot of talk about public health, but federal spending priorities remain weighted toward law enforcement despite all the pretty words.

http://stopthedrugwar.org/files/kerlikowske-200px.jpg
Drug Czar Gil Kerlikowske -- captured by the drug war establishment
The strategy identifies three "policy priorities": reducing prescription drug abuse, addressing drugged driving, and increased prevention efforts. It also identifies populations of special interest, including veterans, college students, and women with children.

The strategy promises continued strong law enforcement and interdiction efforts, including going after the opium and heroin trade in Afghanistan and cooperating with Mexican and Central American authorities in the $1.4 billion Plan Merida attack on Mexican drug gangs.

"Drug use affects every sector of society, straining our economy, our healthcare and criminal justice systems, and endangering the futures of our young people," said ONDCP head Gil Kerlikowske in introducing the strategy. "The United States cannot afford to continue paying the devastating toll of illicit drug use and its consequences."

This is all standard stuff. One thing that is new is ONDCP's felt need to fight back against rising momentum to end the drug war, or at least legalize marijuana, and rising acceptance of medical marijuana. The strategy devoted nearly five full pages to argumentation against legalization and medical marijuana.

"Marijuana and other illicit drugs are addictive and unsafe," ONDCP argued in a section titled Facts About Marijuana. "Making matters worse, confusing messages being conveyed by the entertainment industry, media, proponents of 'medical' marijuana, and political campaigns to legalize all marijuana use perpetuate the false notion that marijuana use is harmless and aim to establish commercial access to the drug. This significantly diminishes efforts to keep our young people drug free and hampers the struggle of those recovering from addiction."

Just to be clear, ONDCP went on to say flatly "marijuana use is harmful," although it didn't bother to say how harmful or compared to what, nor did it explain why the best public policy approach to a substance that causes limited harm is to criminalize it and its users.

ONDCP also argued that despite medical marijuana being legal in 16 states and the District of Columbia, "the cannabis (marijuana) plant is not a medicine." Somewhat surprisingly, given that the DEA just days ago held that marijuana has no accepted medical use, the national drug strategy conceded that "there may be medical value for some of the individual components of the cannabis plant," but then fell back on the old "smoking marijuana is an inefficient and harmful method" of taking one's medicine.

"This administration steadfastly opposes drug legalization," the strategy emphasized.  "Legalization runs counter to a public health approach to drug control because it would increase the availability of drugs, reduce their price, undermine prevention activities, hinder recovery support efforts, and pose a significant health and safety risk to all Americans, especially our youth."

It was this section of the strategy that excited the most attention from drug policy reformers. They lined up to lambast its logic.

"It is encouraging that ONDCP felt a need to address both medical marijuana and general legalization of the plant in its 2011 strategy booklet, which was released today," noted Jacob Sullum at the Reason blog. "It is also encouraging that the ONDCP's arguments are so lame… The ONDCP never entertains the possibility that a product could be legal even though it is not harmless. Do the legality of alcohol and tobacco send the message that they are harmless? If you oppose a return to alcohol prohibition, should you be blamed for encouraging kids to drink and making life harder for recovering alcoholics? ONDCP director Gil Kerlikowske may have renounced the use of martial rhetoric to describe the government's anti-drug crusade, but he still manages to imply that reformers are traitors whose 'confusing messages' are undermining morale in the nation's struggle against the existential threat of pot smoking."

"It's sad that the drug czar decided to insert a multi-page rant against legalizing and regulating drugs into the National Drug Control Strategy instead of actually doing his job and shifting limited resources to combat the public health problem of drug abuse," said Neill Franklin, director of Law Enforcement Against Prohibition. "Obama administration officials continually talk about the fact that addiction is a medical problem, but when our budgets are so strained I cannot understand why they're dumping more money into arrests, punishment and prisons than the Bush administration ever did. The fact is, once we legalize and regulate drugs, we will not only allow police to focus on stopping violent crime instead of being distracted by arresting drug users, but we will also be able to put the resources that are saved into funding treatment and prevention programs that actually work. Who ever heard of curing a health problem with handcuffs?"

Some reformers offered a broader critique of the strategy.

"Other than an escalating war of words on marijuana, it's all pretty much the same thing as last year," said Bill Piper, director of national affairs for the Drug Policy Alliance. "There's nothing really new here, except they are a bit more punitive this year," he added, citing the pushback on marijuana, the call for a drugged driving offensive, and a call to encourage workplace drug testing. "Last year, it was more about reform, but this year ONDCP is up to its old tricks again. Whatever window they had to turn over a new leaf is closed; Kerlikowske has been fully captured by the drug war establishment."

The Obama administration could pay a price for its intransigence on drug policy, said Piper.

"They badly underestimate the American people and the drug reform movement, especially on medical marijuana," he said. "It's not just the strategy, but the DEA refusal to reschedule and the Department of Justice memo, too. They are talking about coming out big against medical marijuana, but I think they know there is little they can do. In a sense, this is an act of desperation, a sign that we are winning. First they ignore you…"

The veteran drug reform lobbyist also professed concern about the drugged driving campaign. The strategy sets as a goal a 10% reduction in drugged driving (although it doesn’t even know how prevalent it is) and encourages states to pass zero tolerance per se DUID laws that are bound to ensnare drivers who are not impaired but may have used marijuana in preceding days or weeks.

"We are concerned about getting states to pass those laws," he said. "They are problematic because people can go to jail for what they did a week ago. We're also concerned about the push for employee drug testing."

Piper's overall assessment?

"There's not a lot of new policies there, and that's disappointing," he said. "This is a drug policy on autopilot; it's just a little more aggressive on the marijuana issue."

Washington, DC
United States

Big Name Panel Calls Global Drug War a "Failure" [FEATURE]

The global war on drugs is a failure and governments worldwide should shift from repressive, law-enforcement centered policies to new ways of legalizing and regulating drugs, especially marijuana, as a means of reducing harm to individuals and society, a high-profile group of world leaders said in a report issued last Thursday.

Richard Branson blogs about being invited onto the global commission, on virgin.com.
The Global Commission on Drug Policy, whose members include former UN Secretary-General Kofi Annan and former presidents of Brazil, Colombia, and Mexico, said the global prohibitionist approach to drug policy, in place since the UN adopted the Single Convention on Narcotic Drugs a half-century ago, has failed to reduce either the drug supply or consumption.

Citing UN figures, the report said global marijuana consumption rose more than 8% and cocaine use 27% in the decade between 1998 and 2008. Again citing UN figures, the group estimated that there are some 250 million illegal drug consumers worldwide. "We simply cannot treat them all as criminals," the report concluded.

The report also argued that arresting "tens of millions" of low-level dealers, drug couriers, and drug-producing farmers not only failed to reduce production and consumption, but also failed to address the economic needs that pushed people into the trade in the first place.

Prohibitionist approaches also foster violence, most notably in the case of Mexico, the group argued, and impede efforts to stop the spread of diseases like HIV/AIDS and Hepatitis. Governments should instead turn to science- and evidence-based public health and harm reduction approaches, the group said. It cited studies of nations like Portugal and Australia, where the decriminalization of at least some drugs has not led to significantly greater use.

"Overwhelming evidence from Europe, Canada and Australia now demonstrates the human and social benefits both of treating drug addiction as a health rather than criminal justice problem and of reducing reliance on prohibitionist policies," said former Swiss president Ruth Dreifuss. "These policies need to be adopted worldwide, with requisite changes to the international drug control conventions."

The report offered a number of recommendations for global drug policy reform, including:

  • End the criminalization, marginalization and stigmatization of people who use drugs but who do no harm to others.
  • Encourage experimentation by governments with models of legal regulation of drugs (especially cannabis) to undermine the power of organized crime and safeguard the health and security of their citizens.
  • Ensure that a variety of treatment modalities are available -- including not just methadone and buprenorphine treatment but also the heroin-assisted treatment programs that have proven successful in many European countries and Canada.
  • Apply human rights and harm reduction principles and policies both to people who use drugs as well as those involved in the lower ends of illegal drug markets such as farmers, couriers and petty sellers.

"Fifty years after the initiation of the UN Single Convention on Narcotic Drugs, and 40 years after President Nixon launched the US government's global war on drugs, fundamental reforms in national and global drug control policies are urgently needed," said former president of Brazil Fernando Henrique Cardoso. "Let's start by treating drug addiction as a health issue, reducing drug demand through proven educational initiatives, and legally regulating rather than criminalizing cannabis."

"The war on drugs has failed to cut drug usage, but has filled our jails, cost millions in tax payer dollars, fuelled organized crime and caused thousands of deaths. We need a new approach, one that takes the power out of the hands of organized crime and treats people with addiction problems like patients, not criminals," said Richard Branson, founder of the Virgin Group and cofounder of The Elders, United Kingdom. "The good news is new approaches focused on regulation and decriminalization have worked. We need our leaders, including business people, looking at alternative, fact based approaches. We need more humane and effective ways to reduce the harm caused by drugs. The one thing we cannot afford to do is to go on pretending the war on drugs is working."

The Obama administration is having none of it. "Making drugs more available -- as this report suggests -- will make it harder to keep our communities healthy and safe," Rafael Lemaitre, spokesman for the Office of National Drug Control Policy told the Wall Street Journal the same day the report was released.

That sentiment is in line with earlier pronouncements from the administration that while it will emphasize a public health approach to drug policy, it stands firm against legalization. "Legalizing dangerous drugs would be a profound mistake, leading to more use, and more harmful consequences," drug czar Gil Kerlikowske said earlier this year.

But if the White House isn't listening, US drug reformers are -- and they're liking what they're hearing.

"It's no longer a question of whether legalizing drugs is a serious topic of debate for serious people," said Neill Franklin, executive director of Law Enforcement Against Prohibition (LEAP) and a 34-year veteran police officer from Baltimore, Maryland. "These former presidents and other international leaders have placed drug legalization squarely on the table as an important solution that policymakers need to consider. As a narcotics cop on the streets, I saw how the prohibition approach not only doesn't reduce drug abuse but how it causes violence and crime that affect all citizens and taxpayers, whether they use drugs or not."

"These prominent world leaders recognize an undeniable reality. The use of marijuana, which is objectively less harmful than alcohol, is widespread and will never be eliminated," said Rob Kampia, executive director of the Marijuana Policy Project. "They acknowledge that there are only two choices moving forward. We can maintain marijuana's status as a wholly illegal substance and steer billions of dollars toward drug cartels and other criminal actors. Or, we can encourage nations to make the adult use of marijuana legal and have it sold in regulated stores by legitimate, taxpaying business people. At long last, we have world leaders embracing the more rational choice and advocating for legal, regulated markets for marijuana. We praise these world leaders for their willingness to advocate for this sensible approach to marijuana policy."

"The long-term impact of the Global Commission's efforts will be defining," predicted David Borden, executive director of StoptheDrugWar.org (publisher of this newsletter). "Most people don't realize that there are leaders of this stature who believe prohibition causes much of the harm commonly seen as due to drugs. As more and more people hear these arguments, coming from some of the most credible people on the planet, legalization will come to be viewed as a credible and realistic option."

Other commission members include Louise Arbour, former UN High Commissioner for Human Rights, Canada; Fernando Henrique Cardoso, former President of Brazil (chair); Marion Caspers-Merk, former State Secretary at the German Federal Ministry of Health; Maria Cattaui former Secretary-General of the International Chamber of Commerce, Switzerland; Carlos Fuentes, writer and public intellectual, Mexico; Asma Jahangir, human rights activist, former UN Special Rapporteur on Arbitrary, Extrajudicial and Summary Executions, Pakistan; Michel Kazatchkine, executive director of the Global Fund to Fight AIDS, Tuberculosis and Malaria , France; Mario Vargas Llosa, writer and public intellectual, Peru; George Papandreou, Prime Minister of Greece; George P. Shultz, former Secretary of State, United States (honorary chair); Javier Solana, former European Union High Representative for the Common Foreign and Security Policy , Spain; Thorvald Stoltenberg, former Minister of Foreign Affairs and UN High Commissioner for Refugees, Norway; Paul Volcker, former Chairman of the United States Federal Reserve and of the Economic Recovery Board; John Whitehead, banker and civil servant, chair of the World Trade Center Memorial Foundation, United States; and Ernesto Zedillo, former President of Mexico.

While the Obama administration may be loathe to listen, the weight of world opinion, as reflected in the composition of the global commission that issued this report, is starting to create stress fractures in the wall of prohibition. A half-century of global drug prohibition has showed us what it can deliver, and the world is increasingly finding it wanting.

California Corrections "Realignment" Not Nearly Enough [FEATURE]

Faced with a staggering budget deficit and a prison overcrowding crisis, California Gov. Jerry Brown (D) and the state legislature have approved legislation that would shift responsibility for low-level, nonviolent offenders and parole violators from the state Department of Corrections and Rehabilitation (CDCR) to the state's counties. But sentencing and drug reform advocates say the measure merely shifts the burden of the state's corrections overcrowding from the state to the counties, fails to fund crime prevention services like drug treatment, and fails to include real sentencing reforms.

California Gov. Jerry Brown takes a tiny step toward corrections reform.
On Monday, Gov. Brown signed  Assembly Bill 109, the law shifting responsibility for many low-level offenders to the counties.  The law is designed to stop the "revolving door" of low-level offenders cycling and recycling through the prison system, Brown said in a signing statement.

"For too long, the state’s prison system has been a revolving door for lower-level offenders and parole violators who are released within months -- often before they are even transferred out of a reception center," Brown said. "Cycling these offenders through state prisons wastes money, aggravates crowded conditions, thwarts rehabilitation, and impedes local law enforcement supervision."

But the law will not go into effect unless and until the legislature approves and funds a community corrections grant program, something Republicans in the legislature have opposed.

"I will not sign any legislation that would seek to implement this legislation without the necessary funding," Brown said. "In the coming weeks, and for as long as it takes, I will vigorously pursue my plan to balance the state's budget and prevent reductions to public safety through a constitutional guarantee."

The cost of corrections in California is staggering. Gov. Brown's proposed Fiscal Year 2011-2012 budget funds the prison system to the tune of $9.19 billion, nearly 7.2% of the entire state budget. And the war on drugs is responsible for a hefty portion of it.

The state prison system holds a whopping 144,000 inmates, including more than 28,000 drug offenders and more than 1,500 marijuana offenders. Of those 28,000 drug offenders, 9,000 are there for simple drug possession at a cost of $450 million a year, or about $4.5 billion over the past decade. That figure doesn't include the cost of re-incarcerating parole violators who have been returned to prison for administrative violations, such as failing drug tests, so the actual cost of drug law enforcement to the prison system is even higher.

Not only does the prison system face a budgetary crisis, it also faces a looming US Supreme Court decision that, by most predictions, will result in the state being ordered to reduce the prison population to 110,000, which is still about 30,000 over official capacity. The lawsuit before the Supreme Court alleges that California does not provide adequate medical and mental health services to its prisoners.

Gov. Brown's and the legislature's plan to shift low-level offenders out of CDCR and into county facilities does not address the core of the problem, advocates said.

"This plan is a shell game that would simply shift corrections costs from the state to the counties without addressing the real problem: California is locking up too many people for low-level offenses for too long," said Allen Hopper, police practices director with the ACLU of Northern California. "The cost of mass incarceration is robbing the people of California of vitally needed services, including education and healthcare. What we need is real sentencing reform, such as shortening the sentences for simple possession drug crimes. It's time for California to stop wasting hundreds of millions of dollars incarcerating people who pose no threat to public safety."

"This plan would allow people to be locked up in local jails for up to three years, triple the current limit. Research consistently shows that longer sentences do not produce better outcomes. In fact, shorter sentences coupled with re-entry and prevention tactics are both more effective and more cost-effective," said Margaret Dooley-Sammuli, deputy state director in Southern California for the Drug Policy Alliance. "We're talking about people convicted of low-level offenses, like drug possession, prostitution and petty theft, often related to a drug problem. But the plan doesn't include a dime for drug treatment or mental health care. In fact, the governor has proposed reducing funds for those services."

"Any California corrections reform must include sentencing reform," said Kris Lev-Twombly, director of programs at the Ella Baker Center for Human Rights. "A felony conviction is a life-long sentence that should not be applied to low-level offenses. No matter how old the conviction, people with a felony on their record will face significantly diminished employment opportunities and much lower lifetime earnings. They may also be prohibited from accessing student loans, food stamps and other public assistance. This works against individual, family and community well-being and public safety."

San Quentin Prison -- no room at the inn. (Image via Wikimedia.org)
The bill signed into law by Gov. Brown is not sentencing reform, but sentencing reform is what is needed, said Dooley-Sammuli. Decriminalization of drug possession is the goal, but legislators aren't ready to embrace that yet, she said. In the meantime, there are other options.

"We want the legislature to reduce the penalty from a felony to a misdemeanor," she said. "We don't think the legislators are at the point where they understand the real harms that come to drug users, their families, and their communities because of the criminal penalties for drug use, but we think they do understand there is no reason why the penalties should be as severe as they are. The common ground is that they cost too much money and they do damage because of the burden of a felony conviction."

Advocates are continuing to push for real sentencing reform in California, said Dooley-Sammuli. "This would be a very good year for it," she said. "The critical thing is for the legislature to understand that there are additional cost savings to be had by reducing these low-level felony offenses to misdemeanors, with no threat to public safety, but with positive advantages for reentry success. They think that this realignment solves the problem, but this is not sentencing reform. Incarcerating people in county jails instead of state prisons is not sentencing reform."

But even as reformers continue to fight for sentencing reform, Gov. Brown and the legislature still have to figure out how to pay for the shift from state prisons to county jails. Brown has been pushing for a special election in June to give voters the chance to approve tax increase extensions, but he needs support from Republicans, and that doesn’t appear to be there. If that doesn't happen, it may appear on the November ballot as an initiative, but the tax extensions expire July 1, and a November vote would require voters to increase taxes, not a popular notion these days.

"Funding is not imminent," said Dooley-Sammuli. "But the deal has been struck. If they can get the Republicans or the voters to agree to tax extensions, this is the plan Democrats want for realignment.

And speaking of funding not being imminent, Gov. Brown has proposed zero increases for community-based drug treatment and actual cuts to drug treatment programs within the CDCR. That would affect treatment for both prisoners and parolees.

"He is talking about reducing access to services even as we face a major shift in how corrections works in this state," said Dooley-Sammuli. "That's really stupid."

It has become increasingly evident that California can't afford its drug war. Gov. Brown and the legislature have attempted to craft a fix, but the fix will leave the system just as broken as ever. Now, the state's political elite has to understand that half-measures won't solve the problem. If they're not ready for decriminalization or legalization, it is at least time for de-felonization.

Is DARE Program Worth It?

While participants remain enthusiastic, scientific reviews have been negative on the effectiveness of the DARE program, which started in Los Angeles in 1983. A 2006 report by the U.S. Surgeon General concluded that those who participate in DARE are just as likely to use drugs as those who don’t. Khadija K. Swims, of Grand Valley State University, reviewed several studies on DARE and concluded the program is "ineffective" in preventing future drug, alcohol and tobacco use in adolescents. The results of such studies mean schools can’t spend federal money on DARE. Under rules that went into effect in 1998, the Department of Education requires agencies that receive federal money to prove within two years that their programs reduce drug use among students.
Publication/Source: 
Chicago Sun-Times (IL)
URL: 
http://www.suntimes.com/lifestyles/4497466-418/is-dare-program-worth-it.html

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