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80-Year-Old Virginia Republican Lawmaker Leads State's Marijuana Decriminalization Fight

Location: 
VA
United States
80-year-old Republican Delegate Harvey Morgan, also an assistant clinical professor of pharmacy at Virginia Commonwealth University, is leading the charge to decriminalize marijuana possession. Legislation proposed by Morgan, known as House Bill 1443, would replace the criminal fine for possession with a civil penalty and eliminate the 30-day jail sentence and criminal record that would follow conviction. "In 2007, nearly 18,000 people were arrested in Virginia for simple possession of marijuana...This places a tremendous burden on law enforcement, prisons and the judicial system. In these times of economic hardship, we need to closely examine how our tax dollars are spent," Morgan said.
Publication/Source: 
The Raw Story (DC)
URL: 
http://www.rawstory.com/rs/2010/12/virginia-republicans-marijuana-decriminalization/

Florida Drug Czar Office Falls to Budget Ax

newly unemployed drug war bureaucrat seeks position
The Florida Office of Drug Control is going out of business. The four-man fiefdom in the Sunshine State's drug war bureaucracy has fallen afoul of incoming Republican Governor-elect Rick Scott's war on state spending and was notified late last month that it would be out of business come this month.

The office was established by Gov. Jeb Bush (R) and its FY 2010-2011 budget is $551,300. Its charge was reducing substance abuse in Florida and helping set state drug policy. The office put out an annual report, as well as other reports, compiled statistics, lobbied for tighter restrictions on the state's burgeoning pain medicine clinics, and sought funds for prescription monitoring when the state legislature failed to allocate them.

Office director Bruce Grant, Florida's "drug czar," unsurprisingly thought the decision to disband the office was a mistake and sent the wrong message. "It kind of says this is not a priority issue," he said, adding that the state's drug problems are not going away. "It's not a war that's going to be over tomorrow."

The duties of the Office of Drug Control will likely be taken up by law enforcement and the state Department of Health, but that didn't mollify Grant. "Somebody's going to have to pick up the ball," he said. "Frankly, the Department of Health is not the aggressive type of agency to do it."

In the meantime, the incoming governor has surgically excised a layer of drug war bureaucracy and saved Florida taxpayers a half a million bucks a year in the process. It's not much, but it's a start.

Tallahassee, FL
United States

This Year's Top 10 Domestic Drug Policy Stories

A lot went on in the realm of drug policy reform in 2010. Here is our summation of what we think are the biggest stories of the year.

fire truck lent by Dr. Bronner's for SSDP/Prop 19 campus tour
Marijuana on the Verge -- Prop 19, Public Opinion, and the Looming Sea Change

California's tax and regulate marijuana legalization initiative, Proposition 19, ultimately failed to get over the top on Election Day, but it garnered 46.5% of the vote, the highest ever for a legalization initiative, and generated reams of media coverage, making it the most watched initiative of any in the land this year. The battle for Prop 19 also yielded the broadest coalition yet behind marijuana legalization, as unions, dissident law enforcement groups, and Latino and African-American groups got on the legalization bandwagon in a big way for the first time. Launched with over a million dollars of funding from Oakland cannabis entrepreneur Richard Lee, the initiative garnered significant additional support during the campaign's final months, including a late $1 million donation from George Soros, but too little and too late to make a difference in the nation's largest and most expensive media market. The coalition that came together around Prop 19 is vowing to stay together and work to place another initiative on the ballot, most likely in 2012.

If California has legalization on the ballot in 2012, activists in Colorado, Oregon, and Washington all took steps this year to ensure that it won't be alone. Ill-funded and controversial legalization initiatives missed making the ballot in Oregon and Washington this year, but organizers in both states have vowed to try again, and Sensible Washington, the folks behind this year's effort there, already have a pro-legalization billboard up on I-5 in the Seattle area. In Colorado, organizers bided their time this year amidst the medical marijuana explosion there, but are busy laying the groundwork for a legalization initiative there.

This year also saw a legalization bill pass out of the California Assembly Public Safety Committee in January, a first in the US. While that bill died later in the session, sponsor Tom Ammiano (D-SF), reintroduced it in March and it awaits further consideration in Sacramento. In New Hampshire, a decriminalization bill passed the House in March, only to be killed in a Senate committee in April, while in Washington state, legalization and decriminalization bills got a January hearing before dying in committee later that same month. In Rhode Island, a decriminalization bill was introduced in February and a state legislative commission endorsed it in March, but the bill went nowhere so far. Later in the year, the California legislature passed and Gov. Arnold Schwarzenegger signed a decriminalization bill there. And in November, a marijuana legalization bill passed the House in the US territory of the Northern Marianas Islands, marking the first time a legalization bill has passed a legislative chamber anywhere in the US. It was later defeated in the Senate. No legalization or decriminalization bills passed this year, but the day is drawing near.

A plethora of public opinion polls this year suggest why, as support for pot legalization is now hovering just under 50%. In January, an ABC News/Washington Post poll had support at 46%; in April, a Pew poll had it at 41%. By July, an Angus-Reid poll had support at 52%, while Rasmussen showed it at 43%. In November, a Gallup poll had support for legalization at 46%, its highest level ever and a 15 percentage point increase over just a decade ago. Some of these polls showed majority support for legalization in the West, which will be put to the test in 2012.

Medical Marijuana -- the Ongoing Battle

The acceptance of medical marijuana continued in 2010, as two states, New Jersey and Arizona, along with the District of Columbia, became the latest to legalize the medicinal use of the herb. It's worth noting, however, that medical marijuana is not yet being produced or consumed in any of those places, even though the New Jersey legislation was signed into law in January and the DC medical marijuana initiative was actually revived last year. To be fair, voters only approved the Arizona initiative in November, and regulators there have three more months to come up with enabling regulations.

But the acceptance is by no means complete, and resistance from recalcitrant law enforcement and local governments continues apace. A medical marijuana initiative in South Dakota and an Oregon initiative to create a system of state-licensed, nonprofit dispensaries both failed in November. And despite efforts to pass medical marijuana bills through numerous state legislatures, none beside New Jersey came to fruition this year. Bills have stalled in Alabama, Illinois, Maryland, New York, and Wisconsin, among others, even as they are continually pared back to be ever more restrictive in a bid to appease opponents.

Medical marijuana states that have less loosely written laws -- all via the initiative process, including California, Colorado, Michigan, and Montana -- proved to be highly contested terrain in 2010. The blossoming of hundreds of dispensaries in Colorado this year led to the passage of regulatory legislation this summer, while a similar, if more limited outbreak of envelope-pushing in Montana has legislators there vowing to rein in the industry when they reconvene next year. In Michigan, law enforcement in some locales has arrested people in apparent compliance with the state law. In all three states, battles have also broken out at the city or county level, especially over efforts to ban medical marijuana operations. These fights will continue.

California is a world of its own when it comes to medical marijuana. The most wide open of the medical marijuana states, which, thanks to the language of Proposition 215, allows for medical marijuana to be recommended for virtually anything, it is also the state where legal and political conflict over medical marijuana is most entrenched. Despite more than a decade of litigation, the legality of selling medical marijuana remains unclear, and depending on the attitude of local authorities, dispensaries can be -- and are -- subject to raids and prosecution. The medical marijuana community dodged a bullet in November when Kamala Harris defeated dispensary arch-foe Steve Cooley, the Republican Los Angeles County prosecutor. Meanwhile, in communities across the state, battles rage over banning dispensaries, or, in happier circumstances, over how to permit and tax them. And medical marijuana is increasingly recognized for the big business it is. A growing number of California towns and cities this year voted to tax medical marijuana, and Oakland gave the go-ahead for massive medical marijuana mega-farms, although it may now retreat in the face of rumblings from the Justice Department. None of this got resolved this year, and the fight over medical marijuana in the Golden State is unlikely to wind down any time soon.

The DEA Continues to Misbehave

And then there's the DEA. It was in October 2009 that the Justice Department released its famous memo telling the DEA to butt out if medical marijuana operations in states that had approved them where not violating state law. While DEA raids have certainly declined from their thuggish heyday in the Bush administration, they have not gone away. After a Colorado medical marijuana grower had the temerity to appear on a local TV news program showing off his garden, the DEA raided him in February. The DEA also hit Michigan medical marijuana operations at least twice, in July and again early this month. The DEA has also raided numerous California medical marijuana operations this year, including the first collective to apply for the Mendocino County sheriff's cultivation permit program and a number of beleaguered San Diego area dispensaries. In most cases, the DEA is relying on the cooperation of sympathetic local law enforcement and prosecutors. Making the DEA live up to the Holder memo is a battle that is yet to be won.

The Obama administration's nomination of acting DEA administrator Michele Leonhart is not a good omen. Despite a horrendous record at the DEA, including a stint as Special Agent in Charge in Los Angeles during the height of the Bush administration raids on medical marijuana facilities, and in St. Louis during the Andrew Chambers "supersnitch" perjury scandal, Leonhart's nomination has cleared the Senate Judiciary Committee and is likely to be approved by the Senate as a whole once she takes some actions to improve access to pain medications for seniors in nursing homes -- an issue on which Sen. Herb Kohl was said will cause him to place a hold on a floor vote until she and the agency address it.

Drug War Juggernaut Continues Rolling

While support for marijuana decriminalization and/or legalization continues to grow, and while a number of states have enacted sentencing reforms in response to fiscal pressures, the drug war juggernaut keeps rolling along, chewing up lives like so much chaff. US law enforcement made more than 1.6 million arrests on drug charges last year, more than half of them for marijuana offenses, marking the first year pot busts made up more than half of all drug arrests. The number is actually down slightly from the previous year, but only marginally so, as drug law enforcement keeps humming along. But in the current economic crunch, such a high level of enforcement and punishment may no longer be sustainable. A Pew report found that state prison populations had declined for the first time since the 1970s, if only by 0.4%, although the federal prison population, more than 60% of which consists of drug offenders, increased by 3.4%. Similarly, the Bureau of Justice Statistics reported than US jail populations had decreased for the first time in decades, dropping by 2.3% over the previous year. The tiny turnarounds are a good thing, but there is a long, long way to go.

Rolling Back the Crack/Powder Cocaine Sentencing Disparity


For the first time in the modern drug war era, Congress this year rolled back a harsh drug sentencing law. The sentencing disparity between crack and powder cocaine offenses had been under the gun for more than decade as it became increasingly evident that the laws were having a racially disproportionate impact. Under the old law, five grams of crack would earn you a mandatory minimum five-year sentence, while it took a hundred times as much powder cocaine to garner the same sentence. Although a majority of crack users are white, blacks accounted for more than 80% of all federal crack cocaine prosecutions. A bill to reduce, but not eliminate, the sentencing disparity passed the Senate Judiciary Committee in March and the Senate as a whole weeks later. The House Judiciary Committee had already passed a similar measure that would completely eliminate the disparity, but the House leadership chose to go along with the Senate, reducing the disparity from 100:1 to 18:1, but not completely eliminating it when it voted to approve the bill in July. President Obama signed the bill into law days later. While passage of the bill is a milestone, it leaves work undone. The sentencing disparity, while reduced, still exists, and thousands of prisoners sentenced under the harsh old law remain in prison because the new law lacks retroactivity.

Demands for Drug Testing of Welfare Recipients, the Unemployed, and Even Politicians

The impulse to score cheap political points by unleashing moralistic wrath on the poor and the unfortunate remained alive in 2010. As in years past, efforts to demand drug testing of unemployment recipients or people receiving welfare benefits went nowhere, but not for lack of trying. In fact, the year was bookended by such efforts, starting with a Missouri bill that would have mandated drug testing for Temporary Assistance to Needy Families (TANF) recipients upon "reasonable cause." That bill passed a Senate committee and the House in February, but died in the Senate after a Democratic filibuster. Similarly, drug testing bills in Kentucky, South Carolina, and West Virginia all died, as did a silly Louisiana bill that would have allowed Louisiana elected officials to submit to a voluntary drug test and post the results on the Internet. Later in the year, successful Florida Republican gubernatorial candidate Rick Scott called for mandatory drug testing of welfare recipients, a call he has vowed to carry out as governor.

Attack of (on) the Synthetic Cannabinoids

Synthetic cannabinoids marketed as incense under names like Spice and K-2 first showed up on the national radar last year, and by early 2010 the prohibitionist impulse began rearing its ugly head in state legislatures across the land. Containing synthetic cannabinoids JWH-018 or JWH-073, synthesized by a university researcher in the 1990s, the stuff was available at head shops, smoke shops, and corner gas stations everywhere, as well as on the Internet. Although no overdose deaths linked to synthetic cannabinoids have been reported, there have been reports of emergency room visits and calls to poison centers by people under its influence. But it wasn't the alleged dangers as much as the fear that someone, somewhere could be getting high without getting into legal trouble that impelled a series of statewide and municipal bans. In March, Kansas became the first state to ban synthetic cannabinoids, followed by Alabama in April, Georgia in May and Missouri in July. Also banning the compounds this year were Arkansas, Kentucky, Louisiana, North Dakota, and Tennessee. Similar legislation was also proposed in several more states, including Florida, Ilinois, and New York. Then, in November, the DEA announced an emergency nationwide ban to go into effect in 30 days, meaning you have until Christmas to use the compounds legally. After that, you're a federal criminal.

SWAT Raids and Drug War Killings

It's not just the massive extent of the drug war that generates criticism, but the law enforcement violence and overkill that too often accompanies it. This year, the now infamous SWAT team raid in Columbia, Missouri, in February that left a dog dead and a family traumatized in a raid over marijuana went got national attention when a video of the raid went viral on the Internet at mid-year. Another SWAT raid in Detroit in May generated outrage when it resulted in the death of 7-year-old girl shot by a raider, and that same month, a Georgia grandmother suffered a heart attack when her home was mistakenly hit by the local SWAT team and DEA agents. And then there was the case of Trevon Cole, a 21-year-old black man killed as he knelt in his own bathroom as the apartment he shared with his pregnant girlfriend was raided over small-time pot sales. The police shooter, of course, was found innocent of any wrongdoing in a coroner's inquest, and now Cole's family is suing. So is the family in the Columbia SWAT raid.

Sentencing Reforms Continue in the States

In a bid to reduce corrections spending, a number of states in the last decade have moved to implement sentencing reforms, and 2010 saw the trend continue. In May, Colorado passed reforms that will reduce some drug use and possession sentences, allow greater judicial flexibility in sentencing, and keep some technical parole violators from being sent back to prison. But the package also increases some drug sales and manufacturing sentences. In June, South Carolina passed reforms that will end mandatory minimum sentences for some drug offenses. In August, Massachusetts passed reforms that will eliminate some mandatory minimums in a bill that was watered down from an earlier Senate version.  In all three cases, it was not bleeding hearts but bleeding wallets that was the impetus for reform.

A Congressional Drug Warrior Goes Down in Flames

It couldn’t happen to a nicer guy. This year is also notable for the spectacular May end to the career of inveterate congressional drug warrior Rep. Mark Souder (R-IN). The doughy cultural conservative crusader from the heartland resigned from Congress after admitting at a press conference to having an affair with a female staffer with whom he had once made abstinence videos. Souder is best known to drug reformers as the author of the "smoke a joint, lose your federal aid" provision of the Higher Education Act, and thus deserves credit for almost singlehandedly causing the formation of Students for Sensible Drug Policy. But his enthusiasm for the war on drugs also led him to the chairmanship of the House Government Reform Subcommittee on Criminal Justice, Drug Policy and Human Resources from 2001 to 2007, where he used his position to support harsh drug policies. He was, for instance, a staunch foe of medical marijuana and a loud voice against the Hinchey-Rohrabacher amendments, which would, if passed, have stopped federal raids on medical marijuana patients and providers. To be fair, Souder did offer committee legislation in 2006 to restrict the reach of his student aid penalty, and he was also a key Republican supporter of the recent "Second Chance" prisoner reentry funding legislation. Still, reformers are happy that one of the staunchest and most active drug warriors is out of Congress now, struck down by his own hypocrisy.

Marijuana Bust No Longer Automatic Arrest in New Orleans

In a bid to reduce congestion in the city's criminal courts, the New Orleans City Council voted last Thursday to make marijuana possession, prostitution, and two other minor crimes municipal offenses. That gives police the option to issue a summons instead of making an arrest.

The New Orleans City Council just made life a bit easier in the Big Easy.
Up until now, pot possession and the other offenses have only been addressed by state laws, which required police to arrest and book offenders. With the offenses now municipal, police are no longer required to make arrests, saving the city the expense of booking, housing and feeding jailed pot smokers. The move will also reduce the caseload of judges and prosecutors, who also handle serious felonies.

"These ordinances will contribute significantly to the city's efforts to promote greater efficiency and equity in our criminal justice system, particularly for our police officers, the District Attorney's office and in the criminal court," said Councilwoman Susan Guidry, co-chair of the council's Criminal Justice Committee. "These measures have unanimous support from the City's criminal justice agencies, and we are thankful for the many people who have worked so hard on this initiative."

Possession of marijuana or synthetic cannabinoids, prostitution, a driver's failure to stop when a police officer has used flashing lights and a siren to signal the driver to stop, and refusing to leave the scene of a crime or accident when ordered to do so by police are the four offenses that will now be dealt with by summonses.

While it is a scaling back of marijuana enforcement, the council's move does not amount to true decriminalization. Like Louisiana state law, the new city municipal ordinance carries a maximum penalty of a $500 fine and/or six months in jail.

District Attorney Leon Cannizzaro complained mightily when he took office in 2008, only to find more than a thousand marijuana possession cases clogging his docket. At his urging, the city already tries pot possession cases in municipal court, but Thursday's ordinances mean the prosecution of those cases can be shifted from Cannizzaro's office to the city attorney's office.

The ordinances are a continuation of ongoing efforts by the city council to reduce the number of people arrested and jailed for minor offenses in the city. Two years ago, the council passed ordinances directing police to issue written summons instead of arresting people found with outstanding traffic warrants and a number of municipal offenses, including disturbing the peace, trespassing, making threats, urinating in public, playing loud music and public intoxication.

New Orleans police arrested 58,219 people in 2007. Half of those arrested were for municipal or traffic offenses. Although no hard numbers are available, the measures undertaken since then have certainly decreased that percentage, and Thursday's ordinance should see it decline further.

New Orleans, LA
United States

DEA Criminalization of 'Fake Marijuana' Repeats Mistakes of Past Prohibitions (Opinion)

Grant Smith, federal policy coordinator in the Drug Policy Alliance's office of national affairs in Washington, D.C., says we know from marijuana prohibition that law enforcement has no control over the drug market and the criminals who run it. By choosing to ban K2 outright, lawmakers are committing millions of taxpayer dollars to investigate, prosecute and incarcerate K2 users. He points out that we simply cannot afford to expand the war on drugs at a time when budgets are in the red and the United States incarcerates more people than any country in the world.
Publication/Source: 
Alternet (CA)
URL: 
http://www.alternet.org/drugs/149036/dea_criminalization_of_%27fake_marijuana%27_repeats_mistakes_of_past_prohibitions

Election 2010 and US Drug Policy in Latin America [FEATURE]

This month's election returns, which resulted in the Republican Party taking back control of the US House of Representatives, have serious, if cloudy, ramifications for progress on drug policy on the domestic front. Similarly, when we look south of the border, where a cash-strapped US has been throwing billions of dollars, mainly at the governments of Colombia and Mexico in a quixotic bid to thwart the drug trade, the Republican return to control in the House could mean a more unfriendly atmosphere for efforts to reform our Latin American drug policy.

http://stopthedrugwar.org/files/clinton-plan-merida-meeting.jpg
Plan Merida funding on the line?
Or not. Analysts consulted by Drug War Chronicle this week said it was too soon to tell. They varied on the impact of the Tea Party movement on Republican drug policy positions, as well as reaching differing conclusions as to whether the Tea Party's much-touted allegiance to fiscal austerity will be trumped by mainstream Republican militarism, interventionism, and hostility to drug reform.

Since 2006, and including Fiscal Year 2011 budgets that have not actually been passed yet, the US has spent nearly $2.8 billion on military and police aid to Colombia, with that number increasing to roughly $7 billion if spending back to the beginning of Plan Colombia in 1999 is included. Likewise, since 2006, the US has dished out nearly $1.5 billion for the Mexican drug war, as well as smaller, but still significant amounts for other Latin American countries and multi-country regional initiatives. Overall, the US has spent $6.56 billion in military and police assistance to Latin America in the past five years, with the drug war used to justify almost all of it.

Even by its own metrics, the US drug war spending in Colombia has had, at best, limited success. It has helped stabilize the country's shaky democracy, it has helped weaken the leftist guerrillas of the FARC, and it has managed to marginally reduce coca and cocaine production in Colombia.

But those advances have come at very high price. Tens of thousands of Colombians have been killed in the violence in the past two decades, Colombia has the world's highest number of internal refugees, widespread aerial spraying of coca crops has led to environmental damage, and paramilitary death squads linked to the government continue to rampage. Some 38 labor leaders have been killed there so far this year.

The results of US anti-drug spending in Mexico have been even more meager. The $1.4 billion Plan Merida has beefed up the Mexican military and law enforcement, but the violence raging there has not been reduced at all. To the contrary, it has increased dramatically since, with US support, President Felipe Calderon deployed the military against the cartels at the beginning of 2007. Around 30,000 people have been killed since then, gunfights are a near daily occurrence in cities just across the border from the US, and the flow of drugs into the US remains virtually unimpeded.

That is the reality confronting Republicans in the House, who will now take over. The shift in power in the House means that the chairmanship of key foreign affairs committees will shift from moderate Democrats to conservative Republicans. Current House Foreign Relations Committee chair Howard Berman (D-CA) will be replaced by anti-Castro zealot Ileana Ros-Lehtinen (R-FL), while in the Western Hemisphere Subcommittee, Elliot Engel (D-NY) will be replaced by Connie Mack (R-FL).

Other Republicans on the subcommittee include hard-liners Dan Burton (R-IN) and Elton Gallegly (R-CA). But there will be one anti-drug war Republican on the committee, Ron Paul (R-TX).

"Ileana and her committee will try to stir things up more, but it's too early to say what that means for drug policy," said Sanho Tree, drug policy analyst for the Institute for Policy Studies in Washington, DC. "She'll do anything she can to screw over the Castro brothers, and that is the lens through which she sees the world."

That could mean hearings designed to go after Castro ally Venezuelan President Hugo Chavez, who threw out the DEA several years ago, and whose country is cited each year by the State Department as not complying with US drug policy objectives. But beyond that is anybody's guess.

"I think you might see a change of tone," said Adam Isaacson, an analyst with the Washington Office on Latin America. "You'll see Venezuela portrayed more and more as the drug bad guy, but neither Ros-Lehtinen or Mack can see much beyond Cuba," he said.

"If you bought the premise that the drug war was an extension of the Cold War, you could have a brand new Cold War framework here," said Isaacson. "They won't be able to buy a lot of Blackhawks, but they can use it as another way to beat up on the Obama administration."

"I think not much is going to change," said Bill Piper, national affairs director for the Drug Policy Alliance. "To the extent the need is to cut money, Republicans might want less funding for these programs, but that's a big if. But this is a different sort of Republican, and so there may be the possibility of a left-right coalition to quit funding Plan Colombia. I'm not sure the Republicans can keep their people in line on Mexico and Colombia."

"Obama has been unyielding when it comes to maintaining the status quo on hemispheric drug policy," said Larry Birns, executive director of the Council on Hemispheric Affairs. "He hasn't come up with any new programs or expressed any sympathy for the progressive drug policy initiatives coming out of Latin America. He is not going to allow himself to be accused of being soft on drugs. All hope for reform is gone, and there is little likelihood that the administration will come up with any drug-related initiative that will cost more money than we're spending now or that would challenge the pro-drug war lobby that now exists. I don't think we will see much activity on this front," he predicted.

Nor did Birns look to Tea Party-style incoming Republicans to break with drug war orthodoxy. He cited campaign season attacks from Tea Party candidates that Washington was "soft on drugs" and suggested that despite the occasional articulation of anti-drug war themes from some candidates, "the decision makers in the Tea Party are not going to sanction a softening on drugs in any way."

"I'm not aware of a single reference to the prospective drug policy of the new class of representatives," said Birns. "It seems to have become desaparicido when it comes to hemispheric policy."

"The Tea Partiers are very vague on foreign policy in general, and we're seeing things like John McCain coming out and attacking Rand Paul for not being interventionist enough," noted Tree.

Despite calls from conservatives for vigorous budget cutting, Tree was skeptical that the Latin American drug war budget would be cut. "In the Heritage Foundation budget cut report, for example, they killed ONDCP's funding and foreign assistance, but nothing from the military budget," he noted. "Maybe they can find some common ground on the drug war, but I'm not holding my breath."

"We haven’t heard them say too much yet," said Isaacson, disagreeing with Tree. "But they don't have any money. The Tea party wants to cut the budget and the foreign aid budget is most vulnerable. Even the Merida Initiative could be in play," he said.

But, Isaacson said, the old-school hard-liners are already at work. He cited a Wednesday conference on Capitol Hill called Danger in the Andes, which explores the "threat" from Venezuela, Bolivia, and Cuba.

"A lot of these new guys went," he said. "John Walters, Roger Noriega, and Otto Reich were there. Good to see some new faces," he laughed painfully.

"We still don't know much about the Tea Party when it comes to foreign policy," said Juan Carlos Hidalgo of the libertarian-leaning Cato Institute. "Whether these guys will follow their budget-cutting instincts and look to reduce foreign aid and the military presence abroad, or whether they will follow the neoconservative wing of the party that believes in empire and strong defense and pursuing interventionist policies all over the world is the question," he said.

"I expect more of the same under the Republicans," said Hidalgo. "I don't foresee big changes. This Tea Party is going to play conservative when it comes to the war on drugs," he predicted. "But I haven't seen a single Tea Partier say what they believe on this issue. We have to give them six months to a year to show their colors."

Mexican Marines being trained by US Marines
The Tea Party movement has already shown conflicting tendencies within it when it comes to foreign policy in general and US drug policy in Latin America in particular, Hidalgo argued. "Some part of it is militaristic and interventionist, like Sarah Palin. On the other hand, there are people link Rand Paul, who stands for a non-interventionist foreign policy and who thinks drug policy should be reassessed," he said. "We don't know how that is going to play out."

But Hidalgo strongly suggested he thought that it wasn't going to be in a reformist direction. "Even though the Tea Partiers believe in smaller government, the movement has been hijacked by the neoconservative wing of the Republican Party," he said. "Its biggest names are Sarah Palin and Glenn Beck, both of whom are ultraconservative Republicans. I would be pleasantly surprised to see Tea Party representatives come into office and say the war on drugs is a failure, a big waste of money that has failed miserably. They claim they will look at every single budget item, and what better way to cut spending? I'll believe it when I see it," he said.

One thing that managed to win reluctant Democratic votes for funding the drug wars in Colombia and Mexico was human rights conditionality, meaning that -- in theory, at least -- US assistance could be pared back if those countries did not address identified human rights concerns. With tens of thousands dead in both Mexico and Colombia in the drug war, with widespread allegations of torture and abuses in both countries, the issue should be on the front burner.

In reality, human rights concerns always took a back seat to the imperatives of realpolitik. That's likely to be even more the case with Republicans in control of the House.

"There is not going to be much sympathy to human rights as a driver of US policy," said Birns. "The Republicans initially used human rights as an anti-communist vehicle; it was never meant to be used against rightists. Given that the Obama administration has been conspicuously silent on Latin America, human rights, like drug policy reform, is an issue that has largely disappeared from the public debate. If anything, the noise level of things to come on drug policy will be significantly lowered. Whatever was in the air about new approaches has pretty much been put to bed for the winter."

"On Plan Merida, the Democrats attached human rights conditions because of concerns the Mexican army was committing human rights abuses," said Hidalgo. "It's an open question whether a Republican House will be less concerned about human rights when it comes to helping Mexico, or will they say we should cut spending there?"

For Hidalgo, the big election news in 2010 was not the change in the House of Representatives, but the defeat of Proposition 19 in California.

"Before the vote, several Latin American leaders, including Colombian President Santos, said that if it were to pass, that would force Colombia to reconsider its drug policy and the war on drugs and bring this issue to international forums like the United Nations," he said. "That gave many of us hope that Colombia would precipitate an international discussion on whether to continue the current approach or to adopt a more sensible approach like Portugal or the Netherlands," he said. "Now, that is not going to happen."

Washington, DC
United States

Budget Cutters Eye Controversial National Drug Intelligence Center

Location: 
Johnstown, PA
United States
Newly-elected Republicans coming to Washington this week to slash the federal budget are taking note of a tiny federal agency in the rusting steel town of Johnstown, Pennsylvania -- the National Drug Intelligence Center, a pet project of the late Rep. Jack Murtha (D-Pa). Conceived in the early 1990's as a clearinghouse for all of the intelligence in the nation's war on drugs, the agency was installed on the fifth floor of a defunct department store. For years, Murtha lavished federal dollars on the little agency, even as it struggled to find a mission and critics blasted it as unnecessary.
Publication/Source: 
CNBC (NJ)
URL: 
http://www.cnbc.com/id/40196179/

The Republican House and Drug Reform: The Good, the Bad, and the Ugly [FEATURE]

Last week, a resurgent Republican Party retook control of the US House of Representatives, giving the Democrats a drubbing the likes of which has not been seen for decades. The Democrats lost 61 seats, seeing their side sink to 189 seats to the Republicans' 240. They needed 218 to take over again.

The change in control of the House has some serious drug policy implications. There's bad news, but maybe also some good news.

Reform measures passed in the current Congress, such as repealing the bans on federal funding of needle exchange programs and implementation of the Washington, DC, medical marijuana program, could see attempts to roll them back. And pending reforms efforts, such as the battle to repeal the HEA student loan provision, are probably dead. Reform friendly Democratic committee chairs, who wield considerable power, have been replaced by hostile Republicans.

But the incoming Republicans made slashing the deficit and cutting the federal budget a winning campaign issue for themselves, and will be looking for programs they can cut or eliminate. That could open the door to hacking away at programs that support the ongoing prosecution of the drug war, but it could also open the door for cuts in prevention and treatment programs.

As the Chronicle noted here earlier this week, it's not just Tea Party types who want to wield the budget ax. The mainstream conservative Heritage Foundation issued a report just before election day laying out a whopping $434 billion in federal budget cuts, including eliminating the Office of National Drug Control Policy, the drug task force-funding Justice Assistance Grant (JAG, formerly the Byrne grant program) program, and the Safe and Drug Free Schools and Communities state grant program.

"Budgetary issues is where I'm most optimistic," said Bill Piper, veteran national affairs director for the Drug Policy Alliance. "Given the fiscal climate, there could be real cuts in the federal budget. Next year is probably an unprecedented opportunity to de-fund the federal drug war. These new Republicans are a different breed—anti-government, anti-spending, pro-states' rights, and some are proven to be prone to bucking the leadership. If the Republican leadership votes to preserve the drug war, they may rebel," he said.

"We can go after the Byrne grant program," Piper enthused. "That's a very important deal. If we can cut off drug war funding to the states, the states won't be able to afford their punitive policies anymore. During the recession in the Bush administration, when the administration was cutting money to the states, a lot of states passed reform measures because they couldn't afford to lock people up. This time, the federal government has been bailing out state criminal justice systems, but if we can cut or eliminate Byrne grants, the states won't have money for their drug task forces and imprisoning people. Then they will have to consider reforms like cutting sentences and making marijuana possession an infraction."

"Sentencing reform on budgetary grounds is possible," said Kara Gotsch, director of advocacy for the Sentencing Project. "From our perspective, that is a way to reduce government spending. If you want to reduce drug war spending, you reduce costs by investing in prevention and substance abuse programs. That will be part of our talking points, but the reality is, to be successful they're going to have to be bipartisan."

Eric Sterling, former House Judiciary Committee counsel and current head of the Criminal Justice Policy Foundation was less sanguine than either Piper or Gotsch about the urge to cut the deficit leading to progress in drug reform. "The prospect of saving money leading to criminal justice and drug policy reform is remote," said Sterling. "In state legislatures where they have to balance the budget, everyone recognizes what has to happen. But in Congress, they know there is still going to be a deficit."

Sterling also questioned just how different the Republican freshman class will be from traditional Republicans. "That's a big question mark," he said. "They are younger and bring with them different experiences about drug policy or marijuana in particular, but most of these men and women won by using traditional themes that most incumbent Republicans used, too. I think for them, cracking down on drugs and crime will have more value than trying to save money by funding diversion or correctional programs that aren't about harsh punishment."

But Piper remained upbeat. "Next year is probably an unprecedented opportunity for the movement to defund the drug war. The stars are aligning. A lot of tax groups are already on record for cutting some of these programs," he noted. "Given the fiscal climate, we could see considerable cuts in the federal budget. The type of Republicans coming into office, as well as Obama's own need to show he can practice fiscal discipline, means a real chance to cut or eliminate some of those programs," he said. "The down side is that funding for prevention and treatment is likely to come under fire, too."

Rep. Lamar Smith (R-TX) -- no friend of drug reform.
While budget battles will be fought in appropriations committees, criminal justice issues are a different matter. One of the most striking changes  comes in the House Judiciary Committee, where pro-drug reform Democrats like chairman John Conyers (D-MI) and Subcommittee on Crime, Terrorism, and Homeland Security chair Bobby Scott (D-VA) are being replaced by the likes of Rep. Lamar Smith (R-TX), who will head the Judiciary Committee. Smith, a conservative old school drug warrior, was the only congressman to speak up against passage of the bill to reduce the disparity in crack and powder cocaine sentences.

He also authored a bill this fall that would have made it a federal offense for US citizens to plan to commit acts outside the US that would violate US drug laws. While that bill was allegedly aimed at large drug trafficking organizations, it could have made federal criminals out of college students making plans to visit the coffee shops of Amsterdam. He took to Fox News last month to lambaste the Obama administration as insufficiently tough on marijuana law enforcement, a clip he displays on his web site (scroll over the small video screens; the title will pop up).

"The fact that Rep. Smith is going to be the chair will definitely have an impact," said Gotsch. "He was the only vocal opposition to the crack cocaine sentencing reform, and the fact that he is now going to be chair is discouraging. It indicates that he won't be thoughtful about sentencing reforms for low level drug offenders."

"The Democratic committee chairs were good on drug policy and unlikely to advance bad drug war bills," said Piper. "Now, with Conyers and Scott gone and Lamar Smith in charge, we can expect stuff like Smith's foreign drug conspiracy bill to come out of that committee."

"You couldn’t find bigger champions for reform than Scott and Conyers," said Gotsch. "We won't have them as chairs now; that's probably the biggest disappointment to our community."

"Smith has been quite out there in his attacks over the drug issue," said Sterling. "My hunch is that we will take advantage of the political attractiveness of the drug issue to try to have both oversight hearings and legislation that would be embarrassing to Democrats."

And don't expect too much from the Democrats, either, he added. "The Democratic caucus is going to be more reluctant to deal with the drug issue in a progressive way than it has been," said Sterling. "They see it as a distraction from the heart of the message they need to bring to retake power in 2012."

With people like Smith holding key House committee positions, the drug reform agenda is likely to stall in the next Congress. Instead, reformers will be fighting to avoid reversing earlier gains.

"In terms of passing good things, there probably wasn’t a lot more that was going to happen with Democrats before 2012," said Piper. "The important low hanging fruit of overturning the syringe ban, the DC medical marijuana ban, and the crack sentencing bill had already gotten through. We might have been able to achieve repeal of the HEA drug provision, but probably not now."

The drug reform movement's job now will be not only blocking bad legislation, but also fighting to prevent a rollback of drug reform victories in the current Congress, such as the repeal of the bans on syringe exchange funding and implementing the Washington, DC, medical marijuana law, said Piper. 

"They're unlikely to go backwards on crack, but the syringe ban and the DC medical marijuana ban were both repealed with some, but not a lot, of Republican support," he said. "The syringe ban repeal barely passed, and that was in a Congress dominated by Democrats. Will they try to restore the syringe funding ban and overturn DC's medical marijuana program? That's our big fear. Hopefully, we can scrape up enough votes to defeat in the House, or stop it on the Senate side," he said.

Piper also dared to dream of an emerging Republican anti-drug war caucus. "We don't know who these new Republicans all are, but some have probably been influenced by Ron Paul (R-TX)," he said. "If only 10 of them stand up against the drug war, that's a huge opportunity to raise hell in the Republican caucus. Almost a third of Republican voters want to legalize marijuana, and that's an opportunity for us, too. Maybe there will be Republicans we can work with and create a truly bipartisan anti-drug war coalition in Congress. That's a foothold."

For Piper, the future looks stormy and cloudy, but "the silver lining is in appropriations fights and opportunities to organize an anti-drug war movement in the Republican caucus. We just have to play defense on a bunch of stuff," he said. 

"The activist community is going to have to figure out what the recipe for our lemonade is," advised Sterling. "That requires first a redoubled effort at organizing, using themes such as the wise stewardship of the scarce resources we have, and what works and what is effective," he said.

"It also requires mobilizing people not involved in this issue before, whether it's the business community or people who see their rice bowls been broken by the Republican approach," Sterling continued. "Teachers, nurses, people asking how come the part of the public work force this is protected is the police and the police guards. Drug policy reform activists have to think about what are the alliances they can make in this time of public resource scarcity."

Washington, DC
United States

Heritage Foundation Says Cut Drug Czar's Office, Byrne Grants, More

In an attempt to provide some specifics for Republican promises to reduce the budget deficit by cutting federal spending, the conservative Heritage Foundation has issued a backgrounder report saying Congress should eliminate the Office of National Drug Control Policy (the drug czar's office), the Safe and Drug-Free Schools and Communities state grant program, and all Justice Department grant programs, except those for the Bureau of Justice Statistics and the National Institute of Justice. That means the drug task force-funding Justice Assistance Grants (JAG, formerly known as the Byrne grant) are on the chopping block, too.

http://stopthedrugwar.org/files/director_kerlikoske.jpg
Goodbye Gil?
The report said the federal government could cut a whopping $434 billion and the savings could come from eliminating waste, fraud, abuse, and outdated or ineffective programs;consolidating duplicative programs, targeting programs more precisely, privatization, and "empowering state and local governments" by reducing federal funding for them.

Taxpayers could save $30 million by axing the "duplicative" drug czar's office and $298 million by eliminating the Safe and Drug Free Schools state grants, which are used for violence and drug and alcohol prevention programs. The Byrne grant program, which can also be used to fund drug treatment and prevention, is set at $598 million in the Obama administration's FY 2011 budget request. 

The drug budget cuts are only a tiny fraction of  the $343 billion that Heritage said should be cut. The report takes the budget ax to nearly $20 billion in agriculture funding, nearly $8 billion in community development grants, nearly $8 billion in federal education spending, more than $7 billion in energy and environmental spending, nearly $92 billion from federal government operations (including federal employee pay freezes), and nearly $7 billion by cutting federal job training and Job Corps funds.

If the cuts proposed by the Heritage Foundation in its entirety were to be enacted, they would radically shrink the federal government and redraw the picture of what the people expect from government. But the Republicans only control one chamber of Congress, some of the proposed cuts could lead to dissent even within GOP ranks, and Democrats and people who stand to lose out are sure to fight them.

Still, it would be nice if the spirit of bipartisanship could prevail long enough to begin closing the book on decades of wasted and counter-productive federal drug prohibition spending, even though we wouldn't want to see proven prevention programs slashed.

Washington, DC
United States

More Marijuana Law Reform Talk in Britain

Marijuana law reform is back in the news in the British Isles, as both a high-ranking police officer and a leading Liberal Democratic politician made comments over the weekend suggesting that pot should be decriminalized or regulated and sold legally.

http://www.stopthedrugwar.org/files/tim-hollis.jpg
Tim Hollis
Marijuana is currently a Class B drug with possession punishable by up to five years in prison. It was down-scheduled to Class C under the Labor government in 2004, but then returned to Class B by Labor in 2008. The current Conservative/Liberal Democratic government supports keeping marijuana as a Class B drug.

But on Saturday, Tim Hollis, chief constable of the Humberside police and chairman of the Association of Chief Police Officers' drug committee, told the Guardian marijuana possession should be decriminalized to allow police to devote more resources to dealing with more serious crime. The criminal justice system can offer only a "limited" solution to Britain's drug problem, he said.

"We would rather invest our time in getting high-level criminals before the courts, taking money off them and removing their illicit gains rather than targeting young people," said Hollis. "We don't want to criminalize young people because, put bluntly, if we arrest young kids for possession of cannabis and put them before the courts we know what the outcome's going to be, so actually it's perfectly reasonable to give them words of advice or take it off them."

Hollis also backed increasing calls for the current drug classification system to be reexamined. He said concerns that placing drugs such as heroin and ecstasy in the same classification were justified. He also said whether to include tobacco and alcohol in the country's drug strategy should be open to debate.

"My personal belief in terms of sheer scale of harm is that one of the most dangerous drugs in this country is alcohol," he said. "Alcohol is a lawful drug. Likewise, nicotine is a lawful drug, but cigarettes can kill," he said. "There is a wider debate on the impacts to our community about all aspects of drugs, of which illicit drugs are one modest part."

Hollis's comments came as a row between scientists and politicians over marijuana policy continues. Just last week, Professor Roger Pertwee, arguably Britain's top marijuana researcher, called for decriminalization. But last month, the Home Office rejected marijuana decriminalization, calling it "the wrong approach."

And on Sunday, the junior partner in the government, the Liberal Democrats, were scolded by one of their leaders for staying "silent" on drug policy since the issued was last discussed at a party conference in 2002. Then, the party voted to legalize marijuana and end jail sentences for simple possession of any drugs.

At the party's national conference, Ewan Hoyle, founder of Liberal Democrats for Drug Policy Reform, called for a "rational debate" on drug policy, saying the party had been left "vulnerable" because it was seen as "soft on drugs." What is needed, he said, is detailed discussion of regulating drugs, the sale of drugs in pharmacies, and the diversion of profits from those sales to drug treatment programs.

"The last time we talked about this was in 2002 and we certainly haven't heard our candidates and representatives talking about it very much since," Hoyle told delegates. "I put it to you that we have been silent on this issue because we got our policy wrong. Our policy, especially on cannabis, was a soft on drugs policy which has left us vulnerable," he said.

"We have to start discussing policy features like pharmacy sales, the provision of detailed information on harm before individuals are permitted to purchase the drug, and bans on branding and marketing," Hoyle proposed. "We have to find a policy that can best protect our citizens from harm, especially our children, and that can end the massive profits from the criminal gains that control the illegal trade."

Will the Liberal Democrats listen and perhaps nudge their Tory partners toward a more reformist stance? Time will tell, but the pressure is mounting.

United Kingdom

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