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Drug War Topics

Decriminalization

Shades of 1986 anti-crime bill

Senator Grassley's bold amendment to stifle any discussion or study of legalization is erriely similiar to the language in the infamous 1986 anti-bill crime bill that included the crack cocaine dispar

Australia: Western Australia Premier Vows to Roll Back Marijuana Reforms, Reenergize Drug War

Leading a Liberal-National Party coalition government, Western Australia Premier Colin Barnett is introducing legislation this week to roll back reforms to the state's marijuana laws.

Australia: West Australia Premier Vows to Roll Back Marijuana Reforms, Reenergize Drug War

Leading a Liberal-National Party coalition government, West Australia Premier Colin Barnett is introducing legislation this week to roll back reforms to the state's marijuana laws. Passed by an earlier Labor government in 2003, the changes decriminalized the possession of up to 30 grams of pot and allowed for the growing of up to two plants without fear of arrest and prosecution.

In a media statement Sunday and another one Monday, the "tough on crime" premier gave clear notice he was cracking down on pot and other drug offenders, and was willing to extend police powers to do so. He said he would introduce legislation to repeal the state's Cannabis Control Act of 2003 and to amend the 1981 Misuse of Drugs and Youthful Offender Act.

"The Liberal-National Government is committed to tackling both the demand and supply sides of the illicit drug problem through strong law enforcement policies, education and rehabilitation," Barnett said. "Cannabis is not a harmless or soft drug. Research continues to show that cannabis can lead to a host of health and mental health problems including schizophrenia, and can be a gateway to harder drugs," he maintained, treating highly controversial and discredited claims as if they were fact.

According to Premier Barnett, his legislation will:

• Prosecute those in possession of more than 10g of cannabis
• See subsequent offences for possession being prosecuted as criminal offences.
• Prosecute people for cultivating even one or two cannabis plants.
• Extend the ban the sale of pot-smoking implements to minors to include everyone.
• Increase the fine for selling smoking implements to $5,000 for sale to adults and $10,000 for sale to minors. Corporate entities could be fined up to five times those amounts.

Barnett also wants to "reform" the Cannabis Infringement Notice Scheme (CIN), or ticketing and fines for decriminalized amounts by replacing it with a Cannabis Intervention Requirement Scheme (CIRS) that would require anyone ticketed to attend "drug education" classes. It would also mandate that anyone who failed to pay his fine would be prosecuted, something that has not been the case under the current law.

Barnett's scheme would also allow for the criminal prosecution for marijuana possession of juveniles after two decrim tickets and adults after one. The current law has no such measures.

There's more to come, Barnett promised. "The next steps will be to amend legislation to enable courts to impose a harsher sentence on dealers who sell or supply illicit drugs to children, irrespective of the location of the sale or supply," he said. "Further amendments to the Misuse of Drugs Act 1981 will provide offences for exposing children to harm or to the danger of serious harm from the manufacture of illegal drugs, such as amphetamines, or the unlawful cultivation of illegal hydroponically-grown plants. The Government will also move to ban the sale of drug paraphernalia, including cocaine kits."

But, he said Monday, he's going to start by soon introducing legislation to allow police to stop and search anyone without probable cause. The police commissioner would designate certain "stop and search" zones with advance public notice, especially in entertainment areas.

"Police will have the right to go up to anyone they wish to and introduce a stop and search power," Barnett said. "It will not be an invasive search; it will be comparable to the sort of search and screening that takes place for any citizen getting on an aeroplane."

Room for Debate on Mexico's Drug Decriminalization Law

The New York Times "Room for Debate" blog has a series of comments on Mexico's new decriminalization law. Will it reduce violence, or police corruption? Will increase drug use? Is it really a decriminalization law? Former foreign minister of Mexico Jorge Castaneda is among the participants. Check it out .

Also of interest today, Mary O'Grady in the Wall Street Journal on "Mexico's Hopeless Drug War." O'Grady points out that "[p]rohibition and demand make otherwise worthless weeds valuable," arguing that neither the decrim law nor Calderon's ongoing drug war will reduce the violence.

Via Tony Newman...

Feature: Mexico and Argentina Enact Drug Decriminalization

In the last eight days, the decriminalization of drug possession has gone into effect for 150 million Latin Americans. Last Thursday, as part of a broader bill, Mexico (pop.

Purple Clouds

Purple Clouds in the sky
take your consciousness so very high
Over the feindish Master Eye
Capturing all, truth justified
Purple Clouds
Illigalized
Decriminalized
Unjustified
Lies!

Amsterdam vs. Bill O'Reilly


O'Reilly said a couple pretty nasty things about the Dutch recently, prompting this delightful response from some genius on YouTube:



Now O'Reilly responds to the response, and check how he addresses the question of why rates of marijuana use are lower in the Netherlands than the U.S.:
Why have so many more people in the USA, where marijuana is illegal, tried it? 40% of people in the USA compared to 22.6%...

OREILLY (interrupting): The way they use statistics in the Netherlands is different, plus it's a much smaller country.
Huh? The guy just lies so reflexively, it's astonishing. Of course, by denying the validity of the statistics, he tacitly acknowledges that they would be significant if they were true. Well, they are true, Bill, which means all your paranoid fulminations about the horrors of legalization are nonsense.

I just hope he's right that the U.S. is on course to implement Dutch-style drug policies.

Ecstacy and the war on empathy.

I recently read an article on the Sotomeyer Hearings, which discussed how "Republicans Question Need for Empathy".

Latin America: Mexico Senate Approves Bill Decriminalizing Drug Possession

The Mexican Senate Tuesday approved a bill that would decriminalize the possession of small amounts of drugs in a bid to undercut Mexican drug trafficking organizations and free police to go after

Cop Fired for Supporting Marijuana Decriminalization, Wins $815,000 Settlement

Which amendment was it again that says you can talk about stuff and have opinions on things?

A former Mountlake Terrace police sergeant whose views supporting the decriminalization of marijuana led to his dismissal in 2005 has won his job back and an $815,000 settlement from the city and Snohomish County.

Wender had publicly challenged and criticized the department and its commanders over the years on a number of issues. He is affiliated with Law Enforcement Against Prohibition, a Massachusetts organization of police officers who oppose the current tactics used by police to fight drug crimes. Among its other members are former Seattle Police Chief Norm Stamper. [Seattle Times]

Wow, watching LEAP take the law-enforcement community by storm is a glorious thing to behold. It’s only going to get better.

If You’re in Massachusetts, Support Marijuana Decriminalization

This is a final reminder for folks in Massachusetts. Vote Yes on Question 2 tomorrow to reduce penalties for possessing small amounts of marijuana.

Press Release: Hell Freezes Over -- Drug Czar Backs Decriminalization

FOR IMMEDIATE RELEASE   
OCTOBER 27, 2008

Hell Freezes Over:
White House Drug Czar Backs Decriminalization

John Walters Backs a Mexican Proposal Far More Sweeping Than U.S. Measures He Has Opposed

CONTACT: Bruce Mirken, MPP director of communications ............... 415-668-6403 or 202-215-4205

WASHINGTON, D.C. -- The Marijuana Policy Project today congratulated White House "drug czar" John Walters for backing a Mexican government proposal that would remove criminal penalties for possession of small amounts of marijuana.

    "I can't believe I'm actually saying this, but John Walters is right," said MPP executive director Rob Kampia. "We heartily second his support for eliminating criminal penalties for marijuana users in Mexico, and look forward to working with him to end such penalties in the U.S. as well."

    On Oct. 22, The New York Times reported Walters' public support for a drug decriminalization proposal by Mexican President Felipe Calderon, quoting Walters as saying, "I don't think that's legalization." Under Calderon's proposal, individuals caught with small quantities of marijuana would receive no jail sentence or fine and would not receive a criminal record so long as they complete either drug education or, if addicted, drug treatment. Unlike proposals supported by MPP, the Mexican president's proposal would also decriminalize possession of small amounts of heroin, cocaine and methamphetamine.

    "It's fantastic that John Walters has recognized the massive destruction the drug war has inflicted on Mexico and is now calling for reforms there, but he's a rank hypocrite if he continues opposing similar reforms in the U.S.," Kampia said. "The Mexican proposal is far more sweeping than MPP's proposals to decriminalize marijuana or make marijuana medically available, both of which John Walters and his henchmen rail against."

    In a March 19, 2008, press release from the White House Office of National Drug Control Policy, deputy director Scott Burns called a New Hampshire proposal to impose a $200 fine rather than jail time for a small amount of marijuana "a dangerous first step toward complete drug legalization."

    With more than 25,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.

####

The World’s Smallest Bag of Marijuana

Try reading this unhinged Boston Globe editorial opposing decriminalization in Massachusetts with a straight face. It is an exhibit in dishonesty and an insult to everything on earth that is actually truly dangerous. The whole thing is nuts, but this line really tickled my bullshit bone:

And despite their best efforts to paint an ounce of marijuana as innocuous, the fact is that one ounce of marijuana is worth about $600 and represents about 60 individual sales.

Seriously!? Do you even know what marijuana is? The average price is around $200 an ounce. And it's not sold in 1/60th ounce increments. You can’t even roll a joint out of that. You know what a joint is, right? Seriously, I would have thought there were enough preposterous reefer madness arguments already in circulation that you wouldn’t need to create new ones.

One of the great challenges facing those who advocate sensible marijuana policies is that of responding to crazy made-up nonsense over and over again. Sometimes our opponents just lie on purpose. Other times they simply don't know what they're talking about. And frequently we can't tell the difference.

Press Release: Mexican President Proposes Decriminalizing Small Amounts of Drugs

For Immediate Release: October 3, 2008
For More Info: Tony Newman (646)335-5384 or Ethan Nadelmann (646)335-2240

Mexican President Proposes Decriminalizing Small Amounts of Some Drugs, Including Marijuana and Cocaine despite U.S. Opposition

New Law Would Prioritize Going after Major Drug Dealers and Violent Crime, not People who Use Drugs

International Drug Policy Expert Ethan Nadelmann Available for Comment on Significance and Impact of Proposal

President Felipe Calderon on Thursday proposed decriminalizing small amounts of some drugs, including cocaine and marijuana. The legislation would offer treatment instead of incarceration for people who are struggling with drug addiction. A recent survey found that the number of Mexicans addicted to drugs doubled in the past six years to more than 300,000.

President Calderon has made a crackdown on Mexico’s drug cartels a cornerstone of his administration since taking office. He has sent 30,000 troops around the country to try to stop the violence. But armed attacks and executions have only increased with more than 3,000 people dying from violence related to drug prohibition this year alone.

The United States is already criticizing the new proposal. One official who did not want to be identified said they oppose the policy because it “rewards the drug traffickers and doesn’t make children’s lives safer.” Mexico’s Congress passed a similar decriminalization bill in 2006, but the bill was eventually dropped because of U.S. opposition and pressure.

Statement from Ethan Nadelmann, executive director of the Drug Policy Alliance (see description below).

“President Calderon’s proposal to decriminalize personal possession of illicit drugs is consistent with the broader trend throughout Western Europe, Canada and other parts of Latin America to stop treating drug use and possession as a criminal problem. But it contrasts sharply with the United States, where arrests for marijuana possession hit a record high last year – roughly 800,000 annually – and now represent nearly half of all drug arrests nationwide.

“Mexico is trying to make the right choices on law enforcement priorities; it’s time for the United States to do the same,” said Ethan Nadelmann, executive director of the Drug Policy Alliance.

“The White House Drug Czar John P. Walters should think twice before criticizing a foreign government for its drug policy, much less holding the United States out as a model. Looking to the United States as a role model for drug control is like looking to apartheid South Africa for how to deal with race. This country leads the world in per-capita incarceration rates, with less than five percent of the world’s population but almost 25 percent of the world’s prisoners. About 500,000 people are in U.S. prisons and jails today simply for violating a drug law; that's almost 10 times the total in 1980,” said Nadelmann.

Anti-Marijuana Crusaders Caught Violating Campaign Laws

We already know marijuana prohibition is a fraud, so it should come as no surprise that the people fighting to protect prohibition cannot be trusted to obey the law themselves.

The Committee for Sensible Marijuana Policy’s campaign to decriminalize possession of small amounts of marijuana in Massachusetts has driven drug-thirsty prosecutors over the edge, prompting blatant lawbreaking by the exact people sworn to uphold the state’s laws (via MPP email):

*  Under Massachusetts law, it is illegal to solicit, receive, or spend funds to support or oppose a ballot initiative without first forming a political committee. CSMP has from its inception followed all of these rules, but the district attorneys solicited, received, and spent donations before they were legally allowed to -- blatantly ignoring state law in a cynical attempt to conceal their campaign activity for as long as they could, undermining the very laws they have sworn to uphold.

*  Additionally, the district attorneys used public funds to post and house a statement urging voters to reject the decriminalization initiative on its Web site ... clear, indisputable violation of Massachusetts election law, which prohibits public officials from using public resources to advocate for or against a ballot initiative.

*  What's more, this illegal statement -- itself an abuse of public office and taxpayer resources -- is riddled with bald-faced lies ... like the claim that the initiative would permit any person to carry and use marijuana at any time. In reality, the measure simply changes the type of penalty for possession of less than an ounce and specifically reiterates that public use remains illegal.

Unsurprisingly, lying and cheating have become the last resort of the desperate drug war faithful. They have no legitimate arguments and the polls show them losing badly, so you can bet they’ll try anything.

One could never overstate the extent to which these hardened drug war prosecutors believe the law is theirs to toy with. It is their precious little plaything, a personal possession to be molded and manipulated until it fits just right. That very same mentality also explains why they love marijuana laws, which can be cast casually aside or brought crashing down with righteous ferocity.

Indeed, the very notion of a democratically-enforced public morality that trumps prosecutorial discretion is an affront to their world. That’s why they’d sooner break campaign laws that serve the public interest than risk the reform of marijuana laws that serve no interests but their own.

Opponents of Marijuana Reform Constantly Contradict Themselves

This article on a marijuana decriminalization effort in New Hampshire provides a useful case study in the utter confusion and desperation of the anti-pot peanut gallery:

…Exeter Police Chief Richard Kane, among others, is adamantly opposed. "If we reduce the penalty for small amounts of marijuana, it will eventually lead to legalization and I think that's heading in the wrong direction," he said last week.

Nashua Police Chief Donald Conley also said it would be a mistake to take the sting out of the law. [Boston Globe]

So the Police Chief begins by arguing that we must go around stinging people for possessing pot. But when reform advocates argue that too many young lives are being derailed by harsh punishments for petty offenses, Conley completely changes his tune:

But Conley said it is rare for first-time offenders to get jail time for possession of small amounts of marijuana.

"As far as someone getting arrested and their lives being ruined, I don't think that's the case," he said. "Employers are more forgiving in this day and age, and police prosecutors frequently reduce marijuana cases down to violations…"

Wait, so should we be stinging people or not? He begins by defending aggressive sanctions and ends by claiming the sanctions aren't aggressive. The contradiction is transparent and embarrassing.

It is, in fact, not at all uncommon to hear defenders of harsh marijuana laws speak approvingly of the fact that most offenders avoid jail time. Thus, it is not necessarily the practice of ruining lives for marijuana which they crave, but rather the discretion to do so should the urge happen to arise. Meanwhile, millions of otherwise law-abiding Americans are branded as criminals so that people like Chief Conley can live out their authoritarian fantasies.

Public Forum: Should drugs be decriminalized?

2007/11/03 - 3:00pm

Mark Forsythe of CBC radio will be host/moderator for this special event featuring retired provincial court judge Jerry Paradis and Tony Smith, a retired police officer. Both men are members of Law Enforcement Against Prohibition (LEAP).

Chatelech Secondary School
5904 Cowrie Street
Sechelt, BC
Canada
See map: Google Maps
Drug War Issues Decriminalization
Politics & Advocacy Decriminalization

Marijuana: Decriminalization Initiative Effort Gets Underway in Joplin, Missouri

Last Friday saw the kick-off of a campaign to put a marijuana decriminalization initiative on the ballot in the southwest Missouri city of Joplin.

Why Do Police Really Oppose Marijuana Legalization?

The superb efforts of our friends at Law Enforcement Against Prohibition notwithstanding, police generally oppose efforts to reform marijuana laws. Initiatives in Colorado and Nevada were vehemently contested by law-enforcement interests, who claimed that reform would invite crime and undermine community safety. Sheriff Fred Wagner of Park County, CO even tried to link marijuana reform efforts to a recent school shooting.

Intuitively, there's nothing surprising about police lobbying to retain the gratuitous powers granted them by the war on drugs. Yet, as marijuana arrests reach a new record high each year, it becomes increasingly difficult to point towards any societal benefit to these costly attacks on otherwise law-abiding Americans. Because I believe most officers really do want to protect the communities they serve and make a difference, I have often pondered their willful enforcement of, and political support for, a war that endangers communities while failing to a make a difference.

I was pleasantly surprised, therefore, to learn that Joplin, MO Police Chief Lane Roberts has pledged not to oppose a local marijuana decriminalization initiative. Roberts correctly defines his role as defending the constitution rather than opining on what the law ought to be. But he goes on to explain that officers sometimes overreact to policy changes that reduce police authority:

When asked how his officers had reacted to the decriminalization of pot possession in Oregon and in Washington State where he previously headed up departments, Roberts reclined in his office chair and smiled.

"When that law was first passed, most police officers thought that the end of the world as we know it was about to occur," he said. "But, we thought the same thing when the Miranda decision came down." [Joplin Globe]

Miranda is such a wonderful analogy for law-enforcement's knee-jerk assumption that any restriction on police power will invite pure chaos. The U.S. Supreme Court's ruling in Miranda v. Arizona that police must inform criminal suspects of their 5th Amendment right against self-incrimination before conducting interrogations provoked panic among police. Murderers and rapists would go free, we were told, and crimes of the most despicable nature would become unsolvable.

The result was nothing of the sort. Police simply became more professional. It turned out that the freakiest psycho killers still insisted on confessing their misdeeds, while the rest got taken down through good old-fashioned police work. "You have the right to remain silent…" has become a popular and familiar symbol of due process, and the horror show predicted by law enforcement has been long forgotten.

The point here is that it was the experts, the interrogation specialists themselves, who were so wrong about Miranda. Today, when police speak out against marijuana reform, they are motivated not by experience at all, but rather a fear of the unknown. Indeed, today's officers simply have no real frame of reference for what law-enforcement in a post-drug war America would look like.

I'm optimistic, however, that whatever our friends at LEAP can't explain to their colleagues will ultimately find a way to explain itself. Inevitably, the truth about drug policy reform will become self-evident each and every time it is given the opportunity to do so.

Update: I've posted a follow-up to emphasize the important point that a significant number of police officers actually do realize the drug war isn't working and continue to fight it anyway

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