Pete Guither caught this strange quote from deputy drug czar Tom McClellan in an AP story about expanding drug treatment:

McLellan, insisting he’s not "a wild-eyed liberal," said expanding treatment wouldn’t negate the war on drugs.

"Law enforcement is necessary, but it’s not sufficient," he said. 

It's just a stupid and completely unnecessary attempt to label anyone with concerns about our heavy-handed drug policy. The whole concept that only liberals care about this is pathetically simple-minded and dishonest, as anyone who's been watching FOX News lately could tell you. By McClellan's strained logic, his own boss, drug czar Gil Kerlikowske, would also be a "wild-eyed liberal" for criticizing the idea of fighting a "war on drugs."

Anyone endeavoring to define the political identity of the drug reform movement is wasting their breath. The idea that our drug policy sucks is far too widespread to be contained within any vague political parameters and I'm quite sure Tom McClellan knows that, even if he conveniently pretends not to.

The DEA issued an NPRM to place 5-MeO-DMT in Schedule I and has reopened the period for public comment because the first notice was defective.

So far one substantial objection has been posted which objects primarily on grounds the Controlled Substances Act is unconstitutional rather than the sham findings for placement in Schedule I. I'll copy some of that argument below from PUBLIC SUBMISSION DEA-2009-0008-0007.1.

Roughly 200,000 US veterans are in prison or jail, many of them there because of substance abuse or mental health issues, according to a new report released Wednesday.

For years, getting caught trying to smuggle drugs across the US-Mexican border meant being handed over to US authorities for prosecution.

by Bernd Debussman Jr.

Mexican drug trafficking organizations make billions each year trafficking illegal drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed over 12,000 people -- the body count passing 6,000 for 2009 so far this month. The increasing militarization of the drug war and the arrest of several high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:

Saturday, October 24

A high ranking federal police official was assassinated in Chihuahua. Jose Alfredo Silly Pena was a naval captain who served as a federal police intelligence official. He, along with three other men, had been kidnapped by heavily armed men some hours earlier. Additionally, 23 people were killed in violence in Chihuahua during a 48-hour period. 18 of these murders occurred in Ciudad Juárez. In Guerrero, four bodies were found in a hidden pit just meters from where seven bodies had been found last Tuesday. In other parts of Mexico, an unidentified gunman was killed by the army near Tlapehuala, and two more were killed and six captured after battling soldiers near Tamaulipas. The day before, four people, including two police officers, were killed after a firefight in Hidalgo; two people were killed in Michoacán, and three each in Durango, Coahuila, and Oaxaca.

Sunday, October 25

In Torreon, Coahuila, gunmen ambushed the convoy of the municipal public safety director. The official survived, but a nearby civilian was killed in the ensuing firefight. In another part of Torreon, a gun battle left two other people dead, one of whom was apparently homeless. Fifteen people were killed in Chihuahua, 14 of whom were killed in Ciudad Juárez. One of the dead was head of the police anti-theft unit, who was gunned down in a restaurant as he ate. At least three killings occurred in Sinaloa, and two women were kidnapped after being snatched from their car on the highway. At least three people were killed in Sonora, including a lawyer and a reputed gang leader.

The AP reported that dozens of ICE officials have been investigated for their handling of informants. Allegations include that ICE steered investigators away from a man who has since been charged with the El Paso murder of Jose Daniel Gonzalez Galeana. Galeana was a Juárez cartel manager and ICE informant. Additionally, ICE officials are being accused of allowing a man -- described as a "homicidal maniac" by the DEA -- to continue to be an informant even after having supervised the killing of a Juárez cartel associate.

Tuesday , October 27

In Puebla, four police officers were killed and a fifth wounded after being shot by gunmen. The officers were performing a traffic stop of a suspicious vehicle when another truck pulled up from which several heavily armed gunmen emerged and opened fire in an apparent attempt to "rescue" the passengers of the first vehicle.

In Nayarit, four men have been arrested in the videotaped and widely publicized torture of five teenagers. It appears the five boys had attempted to rob a house when they were captured by heavily armed vigilantes. In addition to being beaten and threatened with weapons, the boys were forced to kiss each other. The boys were later dumped naked on a street. There has been increased activity in recent months by vigilante groups thought to be linked to drug traffickers or members of the police.

Wednesday , October 28

Mexican soldiers have discovered an enormous, partially completed tunnel which ends just across the border from Otay Mesa, California. The tunnel, which was incomplete, came complete with electricity and an air supply system. Journalists in Tijuana were invited to tour the site, which is the latest of many similar discoveries in recent years.

Mexican police have arrested a man suspected of being La Familia's operations chief for the state of Michoacán. The man, Abel Valadez Oribe, 32, was on his way to a cockfight when he was detained by police after being tipped off by informants. Oribe, also known as "El Clinton," is also suspected of ordering multiple murders, including that of the mayor of Ixtapan de la Sal. His arrest comes a week after 303 suspected members of La Familia were arrested across the United States. In another part of Michoacán, the dismembered remains of an unidentified man were found by the roadside near Uruapan. Uruapan was the site of one of the most publicized incidents of the Mexican drug war in 2006, when gunmen threw five severed heads onto a dance floor in a local nightclub.

Total body count for the week: 157
Total body count for the year: 6,175

US Rep.

Three DEA agents and seven US soldiers were killed Monday when their helicopter crashed as they were returning from a firefight with suspected drug traffickers in western Afghanistan.

In a new federal medical marijuana policy memo issued Monday to the DEA, FBI, and US Attorneys around the country, the Justice Depart

FOR IMMEDIATE RELEASE: October 20, 2009
CONTACT: Ken Wolski at (609) 394-2137

DOJ Memo: Hands off medical marijuana users

WHO: Attorney General Eric Holder
WHAT: Announced formal guidelines for federal prosecutors in states that have enacted laws authorizing the use of marijuana for medical purposes
WHEN: October 19, 2009
WHERE: Washington, D.C.
WHY: For clarification and guidance to federal prosecutors in medical marijuana states.

For the first time federal authorities have been instructed not to arrest or prosecute medical marijuana patients or caregivers in the 13 states with legalized access.

In a major reversal from Bush Administration policy, the Department of Justice issued a memo today to prosecutors that stated: “As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources.”

Full text of the memo is available on the Department of Justice Blog:
http://blogs.usdoj.gov/blog/archives/192

CMMNJ welcomes this announcement from federal authorities recognizing the medical benefits of marijuana and upholding the rights of Americans to safely use marijuana under a doctor’s supervision. With New Jersey in the final legislative phase for The Compassionate Use Medical Marijuana Act A804/S119 this memo may serve to alleviate any outstanding concern of federal interference with our proposed state law.

While the DOJ memo puts in writing statements made by Attorney General Eric Holder in March, it does not change federal law in any way. The memo is targeted to federal prosecutors in the states that have passed ballot initiatives or legislation allowing safe medical marijuana access. It urges them to use their discretion and allocate their resources appropriately, taking into consideration an individual’s full compliance with their state law. The memo was copied to all United States Attorneys, as well as administrators in the DEA and the FBI.

Current legislation:

The New Jersey Compassionate Use Medical Marijuana Act A804/S119 has passed the Assembly and Senate Health committees and a Senate floor vote. The issue has received favorable editorials from most newspapers in the state. Now it must see an Assembly floor vote and may require an additional concurrence vote in the Senate. Recent polls show between 70% - 86% of New Jerseyans favor medical marijuana access. There is certainty bi-partisan political support for the bill, but passage this year remains far from assured. New Jersey would become the 14th state in the nation to legalize medical marijuana if it passes this legislation into law in the near future.

More information at www.cmmnj.org

CMMNJ, a 501(c)(3) public charity, is a non-profit organization whose mission is to educate the public about the benefits of safe and legal access to medical marijuana. For more info, contact:

Ken Wolski, RN, MPA,
Executive Director, Coalition for Medical Marijuana--New Jersey, Inc. www.cmmnj.org
844 Spruce St., Trenton, NJ 08648
609.394.2137 ohamkrw@aol.com
media@cmmnj.org

Dear friends:

Ready for some great news?

The Obama administration is directing federal prosecutors not to arrest medical marijuana patients and caregivers who are complying with state laws.

On Monday, federal prosecutors, as well as top officials at the FBI and DEA, will reportedly be told that it isn’t a good use of their time to arrest people who use or provide medical marijuana, if they are complying with state law.

This is the most significant, positive policy development on the federal level for medical marijuana since 1978.
Under the Bush administration, the feds had continued to raid, arrest, and otherwise terrorize medical marijuana and their caregivers in the 13 states that have passed medical marijuana laws. This new policy is a major change.

MPP was instrumental in obtaining a promise from President Obama during the presidential campaign that, if elected, he would halt these arrests. MPP was the only reform organization to testify on Capitol Hill urging the issuance of the guidelines and, later, was the only group to work with leaders in Congress to get a House committee to urge the administration to adopt the written guidelines. Our lobbyists have also been in contact with top officials at the Justice Department about the guidelines.

We're thrilled to see this promise come to fruition, and I hope you’ll join me in celebrating this news -- some of the best we’ve had for medical marijuana patients in years.

Thank you for helping to make this momentous change happen. And if you’d like to help keep pushing, please:

1. Use MPP's easy online action center to tell your members of Congress that you support this new policy.
2. Donate to MPP’s federal lobbying work here.

Sincerely,

Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.

P.S. As I've mentioned in previous alerts, a major philanthropist has committed to match the first $2.35 million that MPP can raise from the rest of the planet in 2009. This means that your donation today will be doubled.

Editor's Note: We wanted to get this important story posted today, but we will develop it further for the Drug War Chronicle on Friday.

In a new federal medical marijuana policy memo issued this morning to the DEA, FBI, and US Attorneys around the country, the Justice Department told prosecutors that medical marijuana patients and providers in states where it is legal should not be targeted for federal prosecution. The memo formalizes statements made by Attorney General Eric Holder in February and March that going after pot-smoking patients and their suppliers would not be a high Justice Department priority.

The memo marks a sharp break with federal policy under the Clinton and Bush administrations, both of which aggressively targeted medical marijuana operations, especially in California, the state that has the broadest law and the highest number of medical marijuana patients.

The announcement of the policy shift won kudos from the marijuana and broader drug reform movement. But some reformers questioned what the shift would actually mean on the ground, pointing to DEA raids and federal prosecutions that have occurred since Holder's signal this spring that the feds were to back off, as well as continuing controversies, especially in California, over what exactly is legal under state law. Others noted that for real protection to be in place, federal law—not just prosecutorial policy—needs to change.

In the memo, federal prosecutors were told that going after people who use or provide medical marijuana in accordance with state law was not the best use of their time or resources. According to the memo, while the Justice Department continues to make enforcing federal drug laws a key mission:

"As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources."

But the memo also said that federal prosecutors should continue to target marijuana production or sales operations that are illicit but hiding behind state medical marijuana laws. It explicitly singled out cases involving which involve violence, the illegal use of firearms, selling pot to minors, money laundering or involvement in other crimes.

"It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, but we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal," said Attorney General Holder.

"This is a huge victory for medical marijuana patients," said Steph Sherer, executive director of Americans for Safe Access, the nationwide medical marijuana advocacy organization, which had been in negotiations with the Justice Department to get written guidelines issued. "This indicates that President Obama intends to keep his promise not to undermine state medical marijuana laws and represents a significant departure from the policies of the Bush Administration," continued Sherer. "We will continue to work with President Obama, the Justice Department, and the US Congress to establish a comprehensive national policy, but it's good to know that in the meantime states can implement medical marijuana laws without interference from the federal government."

"This is the most significant, positive policy development on the federal level for medical marijuana since 1978," said the Marijuana Policy Project in a message to its list members today.

"It's great to see the Obama administration making good on the promises that candidate Obama made last year. These new guidelines effectively open the door to sensible collaboration between state governments and medical marijuana providers in ensuring that patients have safe and reliable access to their medicine," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "What remains unclear is how the Justice Department will respond to rogue state attorneys, such as San Diego's Bonnie Dumanis, who persist in undermining state medical marijuana laws in their local jurisdictions. Now is the right time for the Obama administration to move forward with federal legislation to end the irrational prohibition of medical marijuana under federal law."

While the policy memo was "encouraging," the "proof will be in the pudding," said California NORML head Dale Gieringer, who also cited the recent raids in San Diego, as well as the August federal indictment of two Lake County medical marijuana providers. "Note that the new Obama policy has a glaring loophole, emphasizing that 'prosecutors have wide discretion in choosing which cases to pursue, and ... it is not a good use of federal manpower to prosecute those who are without a doubt in compliance with state law,'" Gieringer said. "The salient question is, who decides what is 'without a doubt' in compliance with state law? As shown by the recent statements of LA's DA and City Attorney, there exist significant doubts about the legality of most dispensaries in California. It remains to be seen how far the administration's new policy guidelines will go to prevent further abuses, when what is really needed is fundamental reform of federal laws and regulations."

And so opens the next chapter in America's long, twisted path to the acceptance of medical marijuana.

A post at the LEAP blog points out that John Walters has been conspicuously quiet recently. After beginning his new position as executive vice president at the Hudson Institute in January, Walters was producing pro-drug war editorials on a monthly basis, but we haven't seen anything from him since spring.

LEAP speculates:

Perhaps, toward the end of 2008, Hudson thought it a brilliant notion to bring on Walters to spearhead prohibitionist drug policy thought leadership for the conservative apparatus.

But after witnessing the amazingly anti-prohibitionist shift that the public discourse on drug policy has taken throughout 2009, it seems that Hudson and the larger conservative establishment -- or anyone, for that matter -- just don't have all that much use for what John Walters has to say right about now.

I'd love to think that Hudson told him to stop, or better yet, that he's been writing feverishly this whole time and newspapers just won’t print him anymore. Still, my first guess is that it's just a coincidence and Walters will resurface any day now to once again stink up the drug policy debate with his familiar brand of unhinged prohibitionist propaganda.

And you know what? I hope he does. John Walters's tenure as drug czar ushered in an unprecedented period of progress for the reform movement, as he traveled the nation alienating the media and terrifying small children. I swear, every time he opens his mouth, thousands of new people start questioning the validity of his beliefs. So please John, don't leave us now. Things are just starting to get interesting.

Fresh from the Hemp Industries Association (HIA) annual convention last weekend in Washington, DC, a pair of real life farmers who want to be hemp