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WHAT ARE WE DOING PEOPLE?

Just Chiming in, I Thought Prohibition was supposed to save us from ourselves? To protect us in some way? I have to scratch my head......and not from dandruff. I think of my young Niece sitting in prison 19 years old. She went and got a friend some cocaine and in return she got to do a few lines. Well this friend wasn't such a good friend, she did this three times. She was charged and convicted for distribution of cocaine three counts, she was given 15 years in prison. She only has to do a year now..but she has to go through a year of active supervised probation and then be of good behavior for 20 years. My GOD man what the hell is wrong with our "FREE" society? I am so Damn furious about all the lives that our Government is ruining. People these are OUR children that are being persecuted for use of a substance that OUR government allows to be brought into OUR country. We have more people in jail for drugs than even China I think I mean come on enough is enough! It is nothing but a Money racket the damn local justice systems are cleaning up on all the entire system from confiscating houses and bank accounts fine you with heavy fine so they can hire someone to babysit you. Back to my Niece mind you I know her very well She lived with our family for awhile She is young and she was experimenting and out on her own for the first time in her life. All in all she was a very sweet, nice, naive, slightly rebellious but generally a good kid. Now she is a convicted FELON her life is ruined after spending the year in prison she has turned into a hardened person just to survive she is in with murderers and every other violent crimes. HOW is this helping us. Come on people HELP ME UNDERSTAND WHY WE ARE ALLOWING THIS KIND OF STUFF TO BE HAPPENING. ENUFF, I have vented Thank you

Feature: Crack/Powder Cocaine Sentencing Disparity Bill Passes Key House Subcommittee, Heads for Floor Vote

The House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security Wednesday approved a bill designed to end the disparity in sentencing for federal crack and powder cocaine offenses. The bill, the Fairness in Cocaine Sentencing Act of 2009 (H.R. 3245), passed by a vote of 16-9 and now heads for a House floor vote.

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the late Lillie Blevins, served life sentence for a crack cocaine ''conspiracy'' after being convicted on the word of a snitch who received probation in return (courtesy november.org)
Under laws passed in the midst of the crack cocaine panic of the 1980s, it takes 100 times as much powder cocaine as crack to trigger mandatory minimum sentences. For example, five grams of crack earns a five-year mandatory minimum, but it takes 500 grams of powder to garner the same sentence.

A majority of crack users are white, but more than 80% of federal crack prosecutions have been aimed at blacks. When Hispanics are added in, nearly 96% of all federal crack prosecutions have been aimed at non-whites.

The bill, sponsored by Rep. Bobby Scott (D-VA) addresses the disparity by removing all references to crack cocaine in federal sentencing laws and treating the two forms of the drug equally. Under the bill, it would take 500 grams of either crack or powder cocaine to trigger the mandatory minimum sentence. The bill would also eliminate mandatory minimum sentences for possession of any amount of crack.

"We have taken a big step today toward ending the disparity that exists between crack and powder cocaine sentencing," said Judiciary committee chair Rep. John Conyers (D-MI), who cosponsored the bill. "African Americans serve almost as much time in federal prison for a drug offense (58.7 months) as whites do for a violent offense (61.7 months), largely due to sentencing laws such as the 100-to-1 crack-powder cocaine disparity. Since 1980, the number of offenders in federal prisons for drug offenses has skyrocketed from less than 5,000 to almost 100,000 in 2009. Currently, drug offenders represent 52% of all federal prison inmates."

The crack/powder sentencing disparity has been the most glaring example of racially imbalanced drug enforcement in recent years and has been under attack not only by sentencing reform advocates, civil libertarians, and civil rights groups, but also by the US Sentencing Commission, which has for more than a decade called for its elimination. But any moves to address it languished during the Bush administration.

The atmosphere has changed with Democratic control of the White House and the Congress. Both President Obama and Attorney General Holder support ending the disparity, so do congressional Democrats, and even some congressional Republicans.

Remaining Republican hard-line drug warriors in the subcommittee attempted to subvert the spirit of the bill, resorting to time-honored anti-drug political tactics, but failed. Rep. Lamar Smith (R-TX), the ranking Republican on the committee, was concerned about sending messages. "The bill sends the wrong message to drug dealers and those who traffic in ravaging human lives. It sends the message that Congress does not take drug crimes seriously," he complained.

Rep. Darrell Issa (R-CA) introduced an amendment to address the disparity by making the current draconian penalties for crack apply to powder cocaine as well. He said he supported reducing the sentencing disparity, but "let's do it on the side of making sure our streets are safer, not less safe."

But committee Chairman Rep. John Conyers (D-MI) ruled the amendment out of order. It was then tabled on a 14-13 vote.

Rep. Melvin Watt (D-NC) captured the majority sentiment for ending the crack/powder sentencing disparity. "It did not work," he said. "We were wrong."

The vote was welcomed by sentencing reform advocates. "Today's vote is an historic first step in ending a 20-year injustice," said Michael Macleod-Ball, interim director of the ACLU's Washington Legislative Office. "Lawmakers must act now to eliminate the disparity between crack and powder cocaine sentencing by treating both forms of the same drug equally under federal law. Congress alone has the authority to put a stop to the crack-powder disparity and long mandatory minimum sentences."

"Justice won today," said Julie Stewart, president of Families Against Mandatory Minimums (FAMM). "Today's vote represents another step to restoring basic fairness to our sentencing laws and to fulfilling the Constitution's promise of equal justice under the law. We urge the full House to act quickly on this measure."

"It makes no more sense to punish crack cocaine offenders more harshly than powder cocaine offenders than it does to punish wine drinkers more harshly than beer drinkers. Crack and powder cocaine are two forms of the same drug," said Jasmine Tyler, deputy director of national affairs for the Drug Policy Alliance. "When all is said and done people will look back at this as a watershed moment -- the day that Congress began rolling back some of the drug war's worst excesses."

The bill still has to pass the House. On the Senate side, Majority Whip Richard Durbin (D-IL) is preparing to introduce his own measure to eliminate the sentencing disparity. It is expected to win bipartisan support from his fellow Judiciary Committee members.

Trick Question on the DEA Job Application?

Anyone applying for a job at the Drug Enforcement Administration must answer this question:



That's funny, I thought there was no such thing as "legally prescribed" marijuana under federal law. Either this is an idiot test for prospective applicants, or we've come so far that the DEA is beginning to lose track of its own ideology.

My Published Criticism of the Drug Czar

I got the following comments published as a Letter to the Editor in both the online and print versions of my local newspaper, the Fresno Bee, http://www.fresnobee.com/ --- I am a medical marijuana patient. I am appalled that our Drug Czar, Gil Kerlikowske, has come to my home town and declared that "marijuana is a dangerous drug and has no medical value" [story July 23]. President Obama has told us that there will be a policy change that will recognize medical marijuana users as legitimate in states with such laws. When will this happen so that we don't have to listen to the same tired old rhetoric? Once again, I am very disappointed with our Drug Czar, and I feel that he should return to Fresno and correct his false statements so that patients like myself will be properly represented. Tommy Hawkins Jr. Fresno http://www.fresnobee.com/277/story/1561006.html ========== I also e-mailed and called the ONDCP and left the same message for them.

Drug Warriors for Sensible Drug Policy

Some interesting comments from former drug czar Barry McCaffrey at Huffington Post:

Our traditional justice system has been inadequate to the task of breaking the cycle of substance abuse and crime. Four out of every five offenses are committed by someone with a drug or alcohol problem; and we just keep locking them up!

Given the abysmal outcomes of incarceration on addictive behavior, there's absolutely no justification for state governments to continue to waste tax dollars feeding a situation where generational recidivism is becoming the norm and parents, children and grandparents may find themselves locked up together.

And here's Robert Weiner, former spokesman at the drug czar's office, writing in the Baltimore Sun:

Why…is the Obama administration proposing to spend an even higher percentage of its anti-drug resources on law enforcement than the administration of George W. Bush?

Mr. Kerlikowske has said, "It is only through a balanced approach - combining tough but fair enforcement with robust prevention and treatment - that we will be successful in stemming both demand and supply of illegal drugs." Yet, in the 2010 budget, there is a 3.3 percent reduction in treatment and prevention initiatives since 2008, exacerbating the bias toward enforcement, which now represents 65.6 percent of the budget, even higher than the last administration's 62.3 percent.

So why are these prominent drug warriors now criticizing U.S. drug policy for its perpetual focus on enforcement and incarceration? The short answer is probably that they now work as consultants with clients in the drug treatment industry who love seeing editorials like these.

But I'd like to think that on some level they feel maybe just a little bit responsible for their role in filling our prisons with an unfathomable number of people who don't belong there.

Feature: Winds of Change Are Blowing in Washington -- Drug Reforms Finally Move in Congress

Update:Needle exchange legislation was passed by the full House of Representatives on Friday afternoon.

What a difference a change of administration makes. After eight years of almost no progress during the Bush administration, drug reform is on the agenda at the Capitol, and various reform bills are moving forward. With Democrats firmly in control of both the Senate and the House, as well as the White House, 2009 could be the year the federal drug policy logjam begins to break apart.

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US Capitol, Senate side
While most of the country's and the Congress's attention is focused on health care reform and the economic crisis, congressional committees are slowly working their way through a number of drug reform issues. Here's some of what's going on:

  • A bill that would eliminate the notorious sentencing disparity between crack and powder cocaine by removing all references to crack from the federal law and sentencing all offenders under the current powder cocaine sentencing scheme passed its first subcommittee test on Wednesday. This one was bipartisan -- the vote was unanimous. (See related story here)
  • The ban on federal funding for needle exchanges has been repealed by the House Appropriations Committee, although current legislation includes language barring exchanges within 1,000 feet of schools. Advocates hope that will be removed in conference committee. (Update:Needle exchange legislation was passed by the full House of Representatives on Friday afternoon.)
  • The Barr amendment, which blocked the District of Columbia from implementing a voter-approved medical marijuana law, has been repealed by the House.
  • Massachusetts Rep. Barney Frank's marijuana decriminalization bill has already picked up more cosponsors in a few weeks this year than it did in all of last year.
  • Virginia Sen. Jim Webb's bill to create a national commission on criminal justice policy is winning broad support.
  • The Higher Education Act (HEA) drug provision (more recently known as the "Aid Elimination Penalty"), which creates obstacles in obtaining student loans for students with drug convictions, is being watered down. The House Education and Labor Committee Wednesday approved legislation that would limit the provision to students convicted of drug sales and eliminate it for students whose only offense was drug possession. (See related story here.)
  • The "Safe and Drug Free Schools Act" funding has been dramatically slashed in the Obama administration 2010 budget.
  • Funding for the Office of National Drug Control Policy's youth media anti-drug campaign has been dramatically slashed by the House, which also instructed ONDCP to use the remaining funds only for ads aimed at getting parents to talk to kids.

"All the stars are now aligned on all these issues," said Bill Piper, national affairs director for the Drug Policy Alliance. "I've never felt so optimistic about drug policy reform in DC."

Looking into his crystal ball, Piper is making predictions of significant progress this year. "I have a strong sense that the Barr amendment and the syringe funding ban will be eliminated this year. The Webb bill will probably be law by December. There's a good chance that HEA reform and the crack sentencing reform will be, too. If not, we'll get them done next year," he said.

"Things are heating up like I've never seen before," Piper exclaimed. "It's like a snowball rolling downhill. The more reforms get enacted, the more comfortable lawmakers will be about even more. Cumulatively, these bills represent a significant rollback in the drug war as we know it."

Former House Judiciary committee counsel Eric Sterling, now head of the Criminal Justice Policy Foundation, was a bit more restrained. Congress is just beginning to come around, and there are dangers ahead, he said.

"We're seeing windows being opened where we can feel the first breezes of spring, but it's not summer yet," Sterling said. "There are people asking questions about drug policy more broadly, there is more openness on Capitol Hill to thinking differently. Liberals are not as afraid they will be attacked by the administration. The climate is changing, but my sense is we're still at the stage where members of Congress are only beginning to take their shoes off to put their toes in the water."

What progress is being made could be derailed by declining popularity of Democrats, the drug reform movement's failure to create sufficient cultural change and a stronger social base to support political change, and the return of old-style "tough on drugs" politics, Sterling warned.

"People need to be aware that as unemployment continues to rise, Democrats will be feeling afraid of repercussions at the polls," he said. "If the economic stimulus does not seem to be generating jobs, if there is a widespread sense of trouble in the country, the drug issue can easily be recast as a bogeyman to distract people. Members of Congress could start talking again about 'fighting to help protect your families.' Those old ways of thinking and talking about these issues are by no means gone," Sterling argued.

That is why he is concerned about building a social base to support and maintain drug reform. "The drug reform movement needs to create cultural change to support political change, and I fear we haven't done enough of that," he worried.

Sterling also warned of a possible reprise of the late 1970s and early 1980s, when the emergence of a parents' anti-drug movement helped knock drug reform off the agenda for nearly a quarter-century. The administration's effort to defund the Safe and Drug Free Schools Act in particular could spark renewed concern and even a reinvigorated anti-drug mobilization, he said.

"The administration says the Safe and Drug Free Schools program hasn't demonstrated its effectiveness and grant funds are spread too thin to support quality interventions, which may well be true," he said. "But little dribs and drabs of that get spread around the states, and that means a lot of people could be mobilized to fight back. The parents' community and prevention professionals will mobilize around these issues with renewed vigor," he predicted.

The Wild West show that is California's marijuana reality could also energize the anti-reform faction, Sterling said. "For those of us outside California, it's hard to fathom what's going on there. I don't think anyone back East can imagine a dispensary operating every quarter-mile along Connecticut Avenue," he explained. "I ask myself if this is growing in a way that could create a potential powerful reaction like we saw in the 1970s. There has already been a smattering of stories about marijuana use in school by patients. Will there be exposés next fall about medical marijuana getting into the schools, kids getting stoned? People in the movement have to be aware that very real and powerful emotions can be unleashed by these changes," he warned.

Still, "momentum is on our side," Piper said. "Webb's bill has bipartisan support, the sentencing stuff is taking off in a bipartisan way, and the crack bill has the support of the president, the vice-president, the Justice Department, and some important Senate Republicans. That's probably the steepest hill to climb, but I think we're going to do it."

These are all domestic drug policy issues, but drug policy affects foreign policy as well, and there, too, there has been some significant change -- as well as significant continuity in prohibitionist policies. And that situation is exposing some significant contradictions. Here, it is the Obama administration taking the lead, not Congress. The Obama administration has rejected crop eradication as a failure in Afghanistan, yet remains wedded to it in Colombia, and it has embraced the Bush administration's anti-drug Plan Merida assistance package to Mexico.

"The really exciting thing is Afghanistan and special envoy Richard Holbrooke's ending of eradication there," said Sanho Tree, drug policy analyst for the Institute for Policy Studies. "That's huge, and it has repercussions for the Western Hemisphere as well. The US can't have two completely divergent policies on source country eradication. On Latin America, I suspect there is a power struggle going on between the drug warriors and the Holbrooke faction. We need a Holbrooke for Latin America," he said.

The media spotlight on Mexico's plague of prohibition-related violence may be playing a role, too, said Sterling. "The mayhem in Mexico certainly created a lot of thinking about how to do things differently earlier this year," he noted. "The media climate has changed, and perhaps that's more important at this stage than the climate inside the Beltway."

But the Mexico issue could cut against reform, too, he suggested. "Where is all that marijuana in California coming from?" he asked. "If someone can make the case that Mexican drug cartels are supplying the medical marijuana market there, that could get very ugly."

As the August recess draws nigh, no piece of drug reform legislation has made it to the president's desk. But this year, for the first time in a long time, it looks like some may. There are potential minefields ahead, and it's too early to declare victory just yet. But keep that champagne nicely chilled; we may be popping some corks before the year is over.

Afghanistan: US War Planes Bomb the Hell Out of a Bunch of Poppy Seeds

US war planes dropped bombs on a 300-ton pile of opium poppy seeds in southern Helmand province Tuesday afternoon. The US military dropped 1,000 pounds on the pile of seeds, then followed up with strikes from helicopters to make sure they were really dead.

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opium poppies
The publicity stunt was designed to win hearts and minds of Afghan poppy farmers, a State Department official told CNN. "There is a nexus that needs to be broken between the insurgents and the drug traffickers," State's Tony Wayne said. "Also, it is part of winning the hearts and minds of the population because in some cases they are intimidated into growing poppies."

The US has recently shifted its approach to poppy cultivation in Afghanistan, which supplies more than 90% of the world's opium and its derivative, heroin. The US is ending support for eradication programs and instead targeting drug traffickers, especially those linked to the Taliban, which is estimated to earn hundreds of millions of dollars a year from the black market industry.

The US and its NATO allies are also trying to win over poppy farmers through alternative development programs. But those programs are difficult to put in place in areas outside the effective control of the Afghan government or Western military forces.

The attack on the seed pile comes as US and NATO forces are enduring their bloodiest month yet in the nearly eight-year-old invasion and occupation of Afghanistan. According to the war casualty monitor I Casualties, 63 Western troops have been killed so far this month, making it far and away the deadliest in the war. The previous monthly highs were 46 each in June and August 2008.

ONDCP: Drug Czar Again Reveals Shocking Gap in Vocabulary, Knowledge Base

In Fresno, California, Wednesday to witness a massive marijuana eradication bust, Office of National Drug Control Policy (ONDCP -- the drug czar's office) head Gil Kerlikowske once again revealed a startling gap in his vocabulary. Kerlikowske claimed not to know a word that should be de rigeur in any drug policy debate, and he claimed the president was unaware of it, too.

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Gil Kerlikowske
"Legalization is not in the president's vocabulary, and it's not in mine," he admitted to the Fresno Bee.

It's not the first time Kerlikowske has relied on that trope. In fact, it appears to be one of his favorite stock phrases.

Not content with displaying his lack of vocabulary, Kerlikowske went on to display an equally stunning lack of knowledge about the emerging consensus on the myriad medicinal uses of marijuana. "Marijuana is dangerous and has no medicinal benefit," he said, ignoring an ever-growing pile of research finding just the opposite.

Obama's Drug Czar Says Marijuana Is Dangerous and Isn't Medicine

For the first time since taking office, Drug Czar Gil Kerlikowske has worked up the nerve to make a definitive statement about why he thinks marijuana is bad:

The nation's drug czar, who viewed a foothill marijuana farm on U.S. Forest Service land with state and local officials earlier Wednesday, said the federal government will not support legalizing marijuana.

"Marijuana is dangerous and has no medicinal benefit," Kerlikowske said in downtown Fresno while discussing Operation SOS -- Save Our Sierra -- a multiagency effort to eradicate marijuana in eastern Fresno County. [Fresno Bee]

After having declined for months to actually engage the marijuana debate, it looks like someone finally sat Kerlikowske down and explained that if he's serious about being drug czar, he's gotta start lying and trying to scare people. And as you can see, he sucks at that.

Still, his statement that marijuana has no medical value is surprising, not only because it's just false, but also because he serves at the pleasure of a president who has ordered an end to federal interference with state medical marijuana laws. There's a conflict here that's difficult to reconcile and I hope the press will push the administration for some clarification as to whether the president stands by this statement. It's not the position Obama's taken previously, nor does the current political climate look favorably upon this sort of antiquated anti-pot propaganda.

I shudder to think where Kerlikowske is going with this, but regardless of his present agenda, he should be cautioned against adopting the rhetoric of his widely discredited predecessor. Unfortunately, until the drug czar's office is no longer mandated by law to oppose legalization in any form, we can expect more of this nonsense from anyone who bears the drug czar title. In the meantime, I agree with Pete Guither that this guy is a riot.

Latin America: Washington, Bogota on Verge of Deal to Make Colombian Military Air Base Regional Hub for Counter-Narcotics, More

The Associated Press reported Wednesday that US and Colombian negotiators are nearing agreement on a plan to expand the US military presence in Colombia by allowing the US to base hundreds of Americans at a Colombian Air Force Base in the Magdalena River valley to support US anti-drug interdiction missions. A fifth and final round of talks later this month could seal the deal.

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anti-Plan Colombia poster (courtesy Colombia IndyMedia)
The base would take up the drug war slack left by the ending of interdiction operations from the international airport at Manta, Ecuador, which is set for this week. The Manta base had been home for some 220 Americans supporting E-C AWACS and P-3 Orion surveillance planes scouring northern South America and the eastern Pacific for vessels and planes they suspect are carrying drugs. But Ecuadoran President Rafael Correa refused to renew the US lease, saying the US military mission there violated his country's sovereignty.

Colombian officials told the AP the plan was to make Colombia a regional hub for Pentagon operations. The current draft of the plan, they said, would allow more frequent visits by US aircraft and warships to two naval bases and three air bases in Colombia, with the Palanquero air base being the centerpiece of the plan. Palanquero had been off limits to US forces until April for human rights reasons -- a Colombian military helicopter operating from Palanquero had killed 17 civilians in 1998.

But that's ancient history now. A bill already passed by the House and pending in the Senate would earmark $46 million for new construction at the base, which is home to the Colombian Air Force's main fighter wing. That funding would be released 15 days after an agreement is reached.

Colombian President Alvaro Uribe is one of America's few remaining staunch allies in the region, and acceptance of the base deal could further stress already strained relations between Colombia and its more left-leaning neighbors Ecuador and Venezuela. It's also certain to raise concerns about Latin Americans wary of US interventions in the region.

Such concerns are not helped by Pentagon planning documents that suggest that beyond its anti-drug mission, Palanquero could be a "cooperative security location" from which "mobility operations could be executed." In other words, a jumping off point for US military expeditionary forces.

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coca eradication
The US has pumped several billion dollars of primarily military and police assistance into Colombia since Plan Colombia began in 1999. Originally defined as a purely anti-drug program, under the Bush administration, it took on the additional burden of counter-insurgency, defining the rebel FARC guerrillas as narco-terrorists who must be defeated.

Despite all those billions of dollars in anti-drug aid, Colombia remains the world's largest coca and cocaine producer. Neighboring Peru is second, and Bolivia is third. Bolivia under President Evo Morales also forms part of the emerging left-leaning bloc in Latin America.

Former Colombian defense minister Rafael Pardo, who is running for president in the May 2010 elections, told the AP that the radar and communications interception ability of US surveillance planes extends well beyond Colombia's borders and could cause problems with its neighbors.

"If it's to launch surveillance flights over other nations then it seems to me that would be needless hostility by Colombia against its neighbors," Pardo said.

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