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Harsh Cameron Douglas Sentence Sparks Appeal, Support

Cameron Douglas, the son of noted Hollywood actor Mike Douglas, had a well-known history of drug addiction when he was sentenced to five years in federal prison for heroin possession and drug distribution. Not offered drug treatment, Douglas relapsed while in prison and was caught in possession of a small amount of heroin and Suboxone.

Cameron Douglas
Most federal prisoners caught with small amounts of drugs are dealt with administratively, and that happened to Douglas. He spent 11 months in solitary confinement and was denied visits during that period for his transgression.

But, unusually, Douglas was also prosecuted for drug possession by a prisoner, and even more unusually, he was hammered hard at sentencing. Federal District Court Judge Richard Berman nearly doubled his original drug trafficking time, sentencing him to an additional 4 ½ years in prison. Prosecutors had asked for at most an additional two years.

In imposing the harsh sentence, Judge Berman said that Douglas was "continuously reckless, disruptive, and noncompliant" and had repeatedly refused to obey the law.

The draconian sentence for Douglas has sparked a reaction. Unlike most federal prisoners, thanks to his father, Douglas had the resources to appeal his sentence, which is possibly the longest in federal prison history for simple drug possession behind bars. And now that appeal has been joined by about two dozen addiction and drug treatment doctors and organizations who have signed an amicus curiae brief on his behalf.

The brief does not just argue that Douglas should be sentenced more leniently; it argues that Douglas is a classic example "of someone suffering from untreated opioid dependence" and that more prison time will do nothing to address his addiction. The brief shows that many federal prisoners suffer from drug addictions, that many fail to get any meaningful treatment for it in prison, and argues that imposing additional incarceration for drug-addicted prisoners serves no penological purpose.

"A central theme of the [brief] is the need to provide effective, evidence-based treatment to opioid-dependent persons, particularly to those under criminal justice supervision. Time and again, over the past four decades, the provision of appropriate substance abuse treatment to opioid-dependent persons has been shown to profoundly improve not only their health and well-being across a broad range of metrics, but also the health and safety of the larger public. This is especially true of methadone and other opioid substitution treatments," the brief argued.

"Conversely, [we] are acutely aware of the ramifications when such treatment is withheld -- the suffering, disease, death, and criminal behavior that result when punitive sanctions replace proven medical interventions and opioid dependence is left to fester," the addiction specialists argued.

The brief was written by Dan Abrahamson, director of legal affairs for the Drug Policy Alliance, which organized the effort to intervene in the Douglas case. Its signatories include the New York and California Societies of Addiction Medicine, as well as other medical, public health and human rights organizations, along with prominent individual physicians and substance abuse researchers.

"Tacking on more prison time for a person who is addicted to drugs because they relapse behind bars goes against fundamental principles of medicine, inflicts unnecessary suffering and undermines both safety and health," said Abrahamson.  "Such a response only fuels the vicious cycle we see daily across the country of drug-dependent persons being imprisoned while sick, coming out sicker, and then returning to jail even quicker -- at huge expense to everyone."

Most federal prisoners don't have the resources or the celebrity of Cameron Douglas, but many share his struggles with addiction. Justice for Cameron Douglas could help lead to more just treatment for them, as well.

New York, NY
United States

Bills to Drug Test the Poor Face Tough Going [FEATURE]

With states facing severe budget pressures, bills to require drug testing to apply for or receive public benefits -- welfare, unemployment benefits, even Medicaid -- have been all the rage at Republican-dominated state houses this year. Fail the drug test and lose your benefits. The bills carry a powerful appeal that plays well even beyond typically Republican constituencies, combining class, gender and racial stereotypes with a distaste for wasteful government spending. But they have also faced surprisingly tough opposition.

Temporary Assistance for Needy Families (TANF) workshop, District of Columbia
"If you have enough money to be able to buy drugs, then you don't need the public assistance," Colorado Rep. Jerry Sonnenberg told the Associated Press in March after sponsoring a welfare drug testing bill. "I don't want tax dollars spent on drugs."

"The message of this bill is simple: Oklahomans should not have their taxes used to fund illegal drug activity,” said state Rep. Guy Liebmann (R-Oklahoma City) in a statement on the passage of his welfare drug testing bill in the state House. "Benefit payments that have been wasted on drug abusers will be available for the truly needy as a result of this bill, and addicts will be incentivized to get treatment."

Liebmann also struck another frequently-hit note -- a moral claim that such bills were necessary even if they didn't save taxpayer dollars. "Even if it didn't save a dime, this legislation would be worth enacting based on principle," he said. "Law-abiding citizens should not have their tax payments used to fund illegal activity that puts us all in danger."

Such rhetoric has sounded in statehouses across the land, with bills for mandatory, suspicionless drug testing of people seeking public benefits introduced in almost half the states, even passing a couple -- Florida last year led the way (and this year passed a law mandating drug tests for state employees), and now Georgia this month has followed suit. West Virginia's governor has also instituted drug testing for enrollees in the state's job training program. But the most interesting trend emerging is how difficult it is to actually get them passed.

While Georgia legislators managed to get a bill through, bills have already been defeated in nine states so far this year -- Alabama Hawaii, Iowa, Kentucky, Mississippi, South Dakota, West Virginia, Virginia, and Wyoming -- and a number of others are either dead in the water or running out of time as legislative session clocks tick down.

The states where welfare drug test bills have not yet died include Colorado (House Bill 2012-1046) , Illinois (House Bill 5364), Indiana (House Bill 1007), Kansas (House Bill 2686), Oklahoma (House Bill 2388), Ohio (Senate Bill 69) South Carolina (House Bill 4358), and Tennessee (House Bill 2725), while a "reasonable suspicion" bill is still alive in Minnesota (Senate File 1535). Bills targeting unemployment benefits are still alive in Arizona (Senate Bill 1495) and Michigan (House Bill 5412), while one aimed at Medicaid recipients is still alive in South Carolina (House Bill 4458).

The stumbling blocks for passage are threefold: First, there are serious reservations about the constitutionality of such bills. While the Supreme Court has not ruled directly on the subject of requiring drug tests of public benefits recipients, it has held that forcing someone to submit to a drug test is a search under the meaning of the Fourth Amendment and thus requires either a search warrant or probable cause. The high court has carved out only limited exceptions to this general rule, including people in public safety-sensitive positions (airline pilots, truck drivers), members of law enforcement engaged in drug-related work, and some high school students (those involved in athletics or extracurricular activities).

The only federal appeals court ruling on drug testing welfare recipients came out of Michigan a decade ago, and in that case, a divided panel found such testing unconstitutional. That case was not appealed by the state. In Florida, the welfare drug testing law passed by the Republican legislature and signed into law by Gov. Rick Scott (R), has been stopped in its tracks at least temporarily by a federal district judge who has hinted broadly she will ultimately find it unconstitutional. Civil libertarians in Georgia have vowed to challenge its law as soon as it goes into effect.

Democratic legislators across the country have used the fear of unconstitutionality as a potent argument against the drug testing bills. They have also raised the specter of legal fees reaching into the hundreds of thousands of dollars to try to defend such bills in the courts, and that leads to the second objection to public benefits drug testing bills: they will not save taxpayer dollars, but will instead waste them.

"It's absolutely ridiculous to cut people off from potential benefits, especially when we've found that people on welfare aren't using their money to feed addictions," said Morgan Fox, communications manager for the Marijuana Policy Project. "In Florida, when they enacted their program, very few people tested positive. It ends up costing the state money to drug test."

Fox was referring to findings reported last week that in the four months last year that Florida's welfare drug testing law was in effect, only 2.6% of applicants failed the drug test and fewer than 1% canceled the test. With the state reimbursing those who took and passed a drug test, the program was a net loser for the state, costing it an estimated $45,000 during that four-month period.

The Florida findings are similar to the findings of an earlier Florida pilot program for welfare drug testing and the short-lived Michigan program, both of which reported very low rates of positive drug tests among their subject populations.

drug testing lab
While it appears that most public benefits drug testing bills being considered would be at best a wash when it comes to spending or saving taxpayer dollars, one unemployment drug testing bill, Senate Bill 1495 in Arizona, is likely to be doomed because it will trigger the withholding of federal tax benefits for business, costing Arizona businesses millions of dollars. That Republican-sponsored bill is now stalled in the House, and some normally staunch allies of the GOP are in the opposition camp.

"Arizona is moving forward with this bill that the Department of Labor says violates federal law," said Bill Piper, national affairs director for the Drug Policy Alliance. "The trade-off for this testing is a pretty steep tax hike on local businesses, and the Chamber of Commerce is opposing it because they care about taxes. We're hoping that the Chamber in other states will look at that as well."

A third stumbling block for public benefits drug testing bills is not legal or economic, but based on notions of justice and fairness. While Republican legislators talk about ensuring that taxpayer dollars aren't wasted on drug users, they seem decidedly disinterested in imposing drug testing burdens on recipients of taxpayer largesse who are not poor. They are not calling for the drug testing of beneficiaries of corporate tax breaks, for instance, and for the most part they are demonstrably uninterested in subjecting themselves to similar testing, although Democrats opponents of the bills have had fun and scored political points sponsoring amendments or bills to do just that in some states.

In Colorado, Democratic foes of a welfare drug testing bill submitted an amendment to drug test legislators and state officials complete with personalized urine specimen cups for House committee members.That amendment actually passed the committee, but was largely symbolic because even if the bill passed in the House, it was doomed in the Democratically-controlled state Senate.

Instead of the powerful, the bills target the most downtrodden and disadvantaged -- the poor, the sick, the jobless -- in the guise of helping them. They are part of a broader attack on the poor, some advocates said.

"Whether you're talking about attacks on welfare, abortion, or contraception, it's all connected," said Lynn Paltrow, executive director of National Advocates for Pregnant Women. "Depriving low-income people, predominantly women, of basic financial support is part of creating a second class status for all women. Women can't make healthy decisions about their reproductive lives if they don't have enough food to eat for themselves and their children," she argued.

For Paltrow, the push for drug testing the poor "has been part of a concerted effort to undermine the notion of the social contract" that is ideologically-driven and mean-spirited. "Whether it's poverty or pregnancy, you make every problem one having to do with individual responsibility, and then you create a justification for taking away money from people who need it."

It's part of a larger move to privatize what should be public welfare and services, Paltrow argued. "You're transferring money from poor people to companies that do drug testing," she said. "That's an important part of trickling up all our money to the fewer than 1%."

While Paltrow saw malign forces at work, Piper could identify no grand conspiracy.

"We couldn't find any think tanks currently pushing this or any other common denominator in all the states other than that this gets media attention," he said. "Some dumb legislator reads something in the newspaper and decides to do it in his state. We don't see any indication the drug testing industry is pushing this. If there's a conspiracy, it's a conspiracy of stupidity, that's all."

There is another fairness issue in play as well. The rhetoric surrounding the politics of drug testing the poor suggests that it is aimed at mothers strung out on heroin or meth-ravaged fathers, but the most common drug cited in the failed Florida drug tests was marijuana. That gets the goat of the MPP's Fox.

"Considering that occasionally using marijuana is not going to affect your ability to be a productive member of society and that it has a low addiction potential, marijuana consumers are being kind of discriminated against," he said. "People who, for ideological reasons, would rather drug test everyone than pay for the welfare of a few people, especially when it's marijuana, why, that's just patently ridiculous."

Republican legislators may have thought they had a no-brainer of an issue with mandating drug tests for public benefits recipients, but for the reasons mentioned above, the going has been tougher than they expected. That doesn't mean no more such bills are going to make it through the legislative process -- one is very close in Tennessee -- but it doesn't suggest that pandering to stereotypes and prejudice isn't as easy a sell as they thought.

Legislators in some states have also responded by more narrowly crafting drug testing bills in hopes of passing constitutional muster. A Utah bill now signed into law requires drug tests for welfare recipients upon suspicion, and more such bills are in the pipeline, although they face the same ticking clocks as the more broadly drawn drug testing bills.

While the Republican offensive has been blunted, the battle is not over.

"I remain concerned that more states will pass stupid drug testing legislation, but still optimistic the courts will strike them down. They're trying to make them suspicion-based and less random, but even that may or may not pass court scrutiny," said Piper.

"This recession can't end quickly enough," he sighed. "When the economy is bad, they need to find scapegoats. Still, this isn't passing in most states, and to get bills passed, it may be that they have to water them down to the point where they're just not that effective."

Historic Challenge to Drug War Looms at Cartagena Summit [FEATURE]

In just a couple of days, President Obama will fly to Cartagena, Colombia, to attend this weekend's Organization of American States (OAS) Sixth Summit of the Americas. He and the US delegation are going to get an earful of criticism of US drug policies from Latin American leaders, and that makes it an historic occasion. For the first time, alternatives to drug prohibition are going to be on the agenda at a gathering of hemispheric heads of state.

group photo at 2009 Summit of the Americas (whitehouse.gov)
It's been building for some time now. More than a decade ago, Uruguayan President Jorge Batlle became the first Latin American sitting head of state to call for a discussion of drug legalization. Former Mexican President Vicente Fox joined the call, albeit only briefly while still in office through some media quotes, much more frequently after leaving office in 2006. Honduran President Manuel Zelaya issued a similar call in 2008, but didn't move on it before being overthrown in a coup the following year.

Meanwhile, drug prohibition-related violence in Mexico exploded in the years since President Felipe Calderon called out the army after taking office in December 2006. As the savagery of the multi-sided Mexican drug wars intensified and the death toll accelerated, surpassing 50,000 by the end of last year, the call for another path grew ever louder and more insistent.

In 2009, a group of very prominent Latin American political leaders and public intellectuals led by former Brazilian President Henrique Cardoso, former Colombian President Cesar Gaviria, and former Mexican President Ernesto Zedillo formed the Latin American Commission on Drugs and Democracy, calling for a fundamental reexamination of drug policy in the hemisphere and a discussion of alternatives, including decriminalization and regulation of black markets. That was followed last year by the Global Commission on Drug Policy, which includes the Latin American ex-presidents, as well as former Switzerland President Ruth Dreiffus and other prominent citizens such as Richard Branson and former UN Secretary General Kofi Annan, echoing the Latin American Commission's call for reform.

As the commissions issued their reports, the violence in Mexico not only worsened, it spread south into Central America, where governments were weaker, poverty more endemic, and violent street gangs already well-entrenched. Guatemala, Honduras, and El Salvador, in particular, saw homicide rates soar in recent years, well beyond Mexico's, as the Mexican cartels moved into the region, a key transit point on the cocaine trail from South America to the insatiable consumers of the north.

Colombian President Juan Manuel Santos, the secretary of defense under his predecessor, Alvaro Uribe, and a man who knows well just what a sustained war on drugs can and cannot achieve, has been among the latest to pick up the torch of drug reform. Santos has made repeated statements in favor of putting alternatives to prohibition on the table, although he has been careful to say Colombia doesn't want to go it alone, and now he has been joined by another unlikely reformer, Guatemalan President Otto Perez Molina, a rightist former general who campaigned on a tough on crime agenda.

It is Perez Molina who has been most active in recent weeks, calling for a Central American summit last month to discuss alternatives to drug prohibition ranging from decriminalization to regulated drug transit corridors to charging the US a "tax" on seized drugs. That summit saw two of his regional colleagues attend, Costa Rican President Laura Chinchilla and Panamian President Ricardo Martinelli, but no consensus was achieved, no declaration was issued, and three other regional leaders declined to show up. But that summit, too, was a first -- the first time Latin American leaders met specifically to discuss regional drug law reform.

All of this has not gone unnoticed by policymakers in Washington. Vice-President Biden, Homeland Security Secretary Napolitano, State Department functionaries and US military brass have all been flying south this year, reluctantly conceding that drug legalization may be a legitimate topic of debate, but that the US is having none of it.

"It's worth discussing," Biden told reporters in Mexico City last month. "But there's no possibility the Obama-Biden administration will change its policy on legalization. There are more problems with legalization than non-legalization."

But along with discussing an end to prohibition, the Latin Americans have also offered up proposals between the polar opposites of prohibition and legalization. Options discussed have included decriminalization of drug possession and marijuana legalization to different approaches to combating the drug trade to maintaining addicts with a regulated drug supply. In Colombia, Santos has sponsored legislation to decriminalize possession of "personal dose" quantities of drugs, restoring a policy mandated by the country's Constitutional Court but undone by a constitutional amendment under President Uribe.

And it's not just Latin American political leaders. The calls for change at the top are reflected in a civil society movement for drug reform that has been quietly percolating for years. In fact, an international, but mainly Latin American, group of non-governmental organizations this week issued an Open Letter to the Presidents of the Americas calling for decriminalizing drug use and possession, alternatives to incarceration for non-serious drug offenses, a regulated market for marijuana, a public health approach to problematic drug use, alternative development, respect for traditional uses, and a more focused war on organized crime that is less broadly repressive than current models. In Mexico, a social movement led by poet Javier Sicilia, whose son fell victim to cartel violence, has called for an end to the violence and pressed Preident Calderon on drug reform.

After decades of US-imposed drug war, from US military operations in Bolivia in the 1980s to the multi-billion dollar Plan Colombia, with its counterinsurgency and aerial herbicide spraying, to the blood-stained Mexican border towns and the drug gang-ridden slums of Rio de Janeiro, Latin America is growing increasingly ready to strike out on a different path.

That's what awaits President Obama and the US delegation in Cartagena. The most vibrant discussions may well take place in hallways or behind closed doors, but the US is now faced with yawning cracks in its decades-long drug war consensus.

Joe Biden with Mexican Pres. Calderon last month (whitehouse.gov)
"It's very clear that we may be reaching a point of critical mass where a sufficient number of people are raising the questions of why not dialog on this issue, why not discuss it, why peremptorily dismiss it, why does the president laugh when the subject of drugs is brought up, is he so archly political that it becomes a sort of diabolical act to seriously discuss it, why isn't some new direction being ventured forth?" said Larry Birns, executive director of the Council on Hemispheric Affairs.

"It seems the public is approaching the point where it has become credible to say quite frankly that the drug war hasn't worked. The real menace to society is not so much legalization but the failure to confront the hard fact that after decades of effort and hundreds of billions of dollars, a successful prohibition strategy has not been created, nor is there any likelihood of it being created," he said.

"This is the first major gathering of heads of state at which alternatives to prohibitionist drug control policies, including decriminalization and legal regulation of currently illegal drugs, will be on the agenda," said Ethan Nadelmann, head of the Drug Policy Alliance. "Arguments that were articulated just five years ago primarily by intellectuals and activists, and three years ago by former presidents, are now being advanced, with growing sophistication and nuance, by current presidents. There is now, for the first time, a critical mass of support in the Americas that ensures that this burgeoning debate will no longer be suppressed."

"A lot of countries don't want to do the US's dirty work anymore -- enforcing the prohibitionist policies that are unenforceable and hypocritical," said Laura Carlson, director for Latin America rights and security in the Americas program at the Center for International Policy. "Everybody knows that it's impossible to wipe out the illicit drug business without making it legal, and most people know that the efforts aimed at ostensibly doing that are not 100% honest and certainly not effective. Many Latin American countries don't want the degree of US intervention in their national security that the drug war entails either," she noted.

"Having said that, the US government is determined to put down any talk of alternatives and particularly alternatives that begin with regulation rather than prohibition. The recent visits of Napolitano, Biden, [US State Department Assistant Secretary for the Bureau of International Narcotics and Law Enforcement Affairs William] Brownfield and the military leaders all carried that message," the Mexico City-based analyst continued. "Small and dependent countries -- El Salvador is the example here, after reversing its position on legalization -- are afraid to stand up to the US on this, and progressive countries don't seem to want to get involved, both because they find the issue a political hot potato and because they are focusing efforts on strengthening alternative organizations to the OAS."

"I think the US strategy of Brownfield and the State Department will be to say that legalization was brought up and rejected by the Latin American leaders," offered Sanho Tree, director of the Drug Policy Project at the Institute for Policy Studies. "They will use dichotomous rhetoric, they will try to maneuver the discussion into either prohibition or heroin in vending machines, but this is about the whole spectrum of regulatory possibilities. That's what we need to be talking about instead of that false dichotomy."

Still, to even deign to discuss policy alternatives to prohibition is a notable step forward for the US, even if it is only to dismiss them, Nadelmann argued.

"The shift in the public posture of the US government -- from rejecting any discussion of legalization to acknowledging that 'it is a legitimate subject of debate' -- is significant, notwithstanding the clear caveat by the Obama administration that it remains firmly opposed to the notion," he noted. "That said, it is safe to assume that the US government will do all it can to suppress, ignore, distort and otherwise derail the emerging dialog.  US officials are handicapped, however, by the remarkable failure of government agencies over the past thirty years to contemplate, much less evaluate, alternative drug control strategies. They also must contend with the fact that the United States has rapidly emerged -- at the level of civil society, public opinion and state government -- as a global leader in reform of marijuana policies."

The discussion on drug policy at Cartagena isn't taking place in a vacuum, and there is at least one other issue where the US finds itself at odds with its host and most of the region: Cuba. The US has once again insisted that Cuba not be allowed to attend the summit, and President Santos reluctantly acceded, but the whole affair leaves a sour taste in the mouth of Latin Americans. Ecuadorian President Correa is not coming because of the snub, and the issue only plays into hemispheric discontent with Washington's war on drugs.

"The US won the day in persuading Santos not to invite Cuba," said Birns, "but the political cost of that action is high, and the whole drug issue is twinned to it, not because Castro has an enlightened position on drugs, but because of anti-Americanism in the region. This means Cartagena is the city where a lethal blow against the status quo will be achieved."

"The United States is not going to listen," said Birns, "but this era of non-discussion of drug legalization and refusal to countenance the possibility of dialog on the issue may be coming to an end. More and more people who aren't known as drug reform crusaders are coming forth and saying it's not working, that we need another approach, and that's probably decriminalization and legalization. We're very much closer to liberation on this issue than we've ever been before."

"Liberation" may now be within sight, but diplomatic dissent is not yet close to being translated into paradigmatic policy shifts. Whatever discussion does take place in Cartagena this weekend, don't expect any official breakthroughs or even declarations, said Carlson.

"I am not optimistic about there being any formal commitment, or perhaps even mention, of legalization per se," she said. "The implementation group for the Sixth Summit is already working on the final declaration and it contains a section on 'Citizen Security and Transnational Organized Crime.' I think that as far as it will go is to state that transnational organized crime is a growing problem and that the nations of the Americas agree to work together, blah, blah, blah," she predicted.

"The United States will reiterate its 'shared responsibility' and commitment, but will not mention the need to change a failed model," Carlson said. "There will be more rhetorical emphasis on social programs for 'resilient communities' and especially on police and judicial reform, although the former will not be reflected in what are largely military and police budgets. I think the best we can hope would be a mandate for a policy review and a commitment to continue to discuss alternatives. The specific proposals to legalize transit, to create a regional court for organized crime cases and US payment for interdictions will not likely be resolved."

"This is a long process, not an immediate objective," said Tree. "In Central America, it's going to take a year or two of thoughtful -- not sensational -- media coverage. When people see anarchy, they want order. With a more thoughtful dialog, we can begin to get traction."

"It is too soon to predict that this Summit of the Americas represents any sort of tipping point in global or even regional drug control policy," Nadelmann summed up. "But the odds are good that this gathering will one day be viewed as a pivotal moment in the transformation from the failed global drug prohibition regime of the twentieth century to a new 21st century global drug control regime better grounded in science, health, fiscal prudence and human rights."

We'll see what happens this weekend, but at the very least, the taboo on serious discussion of reforming the drug prohibition regime at the highest levels has been shattered. Look for a report on the summit itself next week.

Cartagena
Colombia

Irony Alert: Anti-Marijuana Newspaper Runs Ads for Pot Paraphernalia

Christian Science Monitor has a bit of a reputation for launching rabid attacks against the marijuana legalization movement, so you can imagine my surprise to find them advertising the high-end Volcano Vaporization System™ right next to an anti-legalization editorial.

http://www.stopthedrugwar.org/files/CSMvaporizer.jpg

What fun. Thanks to the targeted marketing geniuses at Google, Christian Science Monitor can collect revenue by promoting sleek vaporizers to the marijuana enthusiasts who stop by to laugh at the pathetic anti-pot propaganda they're constantly publishing.

Now to be fair, it's very possible that they never even had a clue this was happening. If you let them, Google will sell stuff in your sidebar that relates to the subject of the article on the page, and your site gets a cut according to the number of clicks. We do the same thing here at StoptheDrugWar.org, and we've occasionally noticed some really sleazy anti-drug propaganda and other questionable crap popping up in our ad space from time to time. We can reject specific ads, but it's not an easy thing to monitor 24/7, and frankly I think it's hilarious when I write an editorial trashing the idiotic drug policy ideas of some prohibitionist politician, only to have an ad for his presidential campaign pop up on the side of the page. It's like these people are paying me to make fun of them.

So when it comes to Christian Science Monitor running ads for awesome high-tech pot paraphernalia, the point isn't that they're being willfully hypocritical. Rather, it just looks really stupid. It's amusing, and perhaps even significant, that Google's algorithm recognizes pot products as they best thing to sell to the people reading these articles. Here you have these anti-pot fanatics running redundant anti-drug editorials in a desperate attempt to dial back the forward momentum of the legalization movement, and one inch away you see Google asking, "Would anyone like to buy a badass vaporizer?"

It says an awful lot about the economics of marijuana that Christian Science Monitor can't even promote prohibition without inadvertently becoming part of the pot economy.

Giving Addicts Heroin More Effective Than Methadone, Study Finds

Treating intractable heroin addicts with a pharmaceutical version of their drug is more cost-effective than providing them with methadone, a common opioid substitute, a study published Monday in the Canadian Medical Association Journal suggests.

Diacetylmorphine AKA pharmaceutical grade heroin (wikimedia.org)
The study analyzed data from the North American Opiate Medication Initiative (NAOMI ), a 2005-2008 study that compared the use of diacetylmorphine (heroin) and methadone in street addicts. In the NAOMI study, researchers selected 250 subjects in Vancouver and Montreal who had been strung out for at least five years and had twice previously failed on methadone maintenance. Participants were randomly chosen to take either heroin or methadone.

Researchers in this study examined the cost-effectiveness of the two approaches in one-year, five-year, 10-year increments, as well over the lifetimes of the users. The study found that those using methadone generated an average lifetime social cost of $1.14 million, while those using heroin had a cost of $1.1 million, a difference of about $40,000 per user. An estimated 60,000 to 90,000 Canadians are addicted to heroin or other opioids.

"If you are on treatment, you're basically well-behaved," principal investigator Aslam Anis, a health economist at the University of British Columbia told the Canadian Press Monday. "When you're not taking treatment, for instance when you relapse, you're doing all kinds of bad things, criminal activity, getting into jail. The cost benefit is through an indirect effect," said Anis, through fewer robberies and other crimes, which have an adverse impact on victims and drive up criminal justice system costs.

"People who take (medical) heroin are retained on the treatment for longer periods of time and they have shorter periods of time when they relapse," Anis said. "And when you add it all up, you find that you've actually saved money."

"Methadone can be a very effective medication for some people, but it doesn't work for everybody with heroin addiction," said coauthor Dr. Martin Schechter, an epidemiologist at UBC's School of Population and Public Health. "And there is a subset of folks who go in and out of treatment and ultimately end up back using street heroin. They would be unlikely to be attracted into yet another methadone program," he said.

"But giving them injections of medically prescribed heroin in a clinic setting staffed by doctors, nurses and counselors gets them back into the health-care system. It also cuts the risk of infection with hepatitis C and HIV from needle-sharing. So diacetylmorphine is a medically prescribed heroin that we show in the study was more likely to keep people in treatment. And we know that keeping people in treatment is a very important predictor of success."

No matter what this or any other study finds, the Conservative Canadian government is opposed to harm reduction measures, such as safe injection sites and heroin maintenance therapies. Still, said Schecter, the government needs to face reality.

"The fact is that these people are taking heroin right now. They're in the back alleys in the Downtown Eastside, they're buying the heroin on the street, contributing to the black market and crime and violence," he said. "And they're not in any treatment and they're costing the system lots and lots of money. So our proposal says rather than having them do that in the back alley, why don't we attract them into a clinic where they will be in contact with doctors and nurses and counselors, we stabilize them by getting them out of a life of crime."

So, is anybody listening in Ottawa? Probably not, but the current government won't be in power forever.

Canada

Review Essay: The Border and Mexico's Drug Wars

Border Junkies: Addiction and Survival on the Streets of Juarez and El Paso, by Scott Comar (2011, University of Texas Press, 214 pp., $24.95 PB)

Border Wars, by Tom Barry (2011, MIT Press, 171 pp., $14.95 HB)

Dealing Death and Drugs: The Big Business of Dope in the US and Mexico, by Beto O'Rourke and Susie Byrd (2011, Cinco Puntos Press, 119 pp., $12.95 PB)

El Sicario: The Autobiography of a Mexican Assassin, edited by Molly Molloy and Charles Bowden (2011, Nation Books, 209 pp., $15.99 PB)

In addition to an ever-increasing death toll, now more than 50,000 since President Calderon sent in the army in December 2006, Mexico's drug wars are generating an increasing level of concern and interest in the US, including a burgeoning literature. Next week, we'll review a trio of new works that seek to describe the emergence and significance of the so-called cartels, but this week, we look at a quartet of books that focus on the drug wars (and the drug scene) along the border.

If there's anywhere in America more attuned to the Mexican drug wars -- by which I mean the prohibition-related violence among competing drug trafficking organizations, between them and Mexican law enforcement and the military, and, sometimes, even between different factions of the Mexican security apparatus -- it's El Paso, just across the Rio Grande from one of the epicenters of the drug trade and the violence, Ciudad Juarez.

That's reflected in these titles. One is written by a pair of El Paso politicians, two more are largely set in the El Paso-Ciudad Juarez bi-national metroplex, and the last covers the US border region of which El Paso is front and center. The view from El Paso, staring across the river at the killing and mayhem, can be frightening, but also enlightening.

In Dealing Death and Drugs, El Paso city council members Susie Byrd and Beto O'Rourke (he of the famous city council resolution calling for a discussion of legalization and now running for Congress) bring a home-town perspective on the drug wars, provide some lessons on the economics of the illicit marijuana business and present a concise, yet cogent, argument for legalizing weed as a means of weakening the cartels and reducing the violence.

Marijuana is critical for the cartels, Byrd and O'Rourke argue, because unlike cocaine, which must be purchased from producers elsewhere or methamphetamine, which requires imported precursor chemicals, the cartels control it from farm to market, generating profits each step of the way. They take you from the pot fields of the Sierra Madre Occidental, where a pound costs $23 to Juarez, where it goes for $73 a pound. Getting it past the border and into El Paso drives the price up to $240, and getting it past the Border Protection Service checkpoints a few miles into Texas gets it to its final US wholesale price of about $550 a pound.

US and Mexican law enforcement seized or eradicated 22 metric tons of Mexican weed in 2008, Byrd and O'Rourke note. That's as much as 90% of high end estimates of all the pot smoked in the US, which means either those estimates are way low or that the business is way profitable. And throwing billions of dollars at the problem through law enforcement hasn't helped.

Legalizing, regulating, and taxing the marijuana market is "the least bad" solution, Boyd and O'Rourke write. Their argument, like the book itself, is pithy, yet compelling, and, as Boyd notes in an afterword, even Calderon is starting to come around. But not yet most policymakers in the US.

With El Sicario, we take a deep, dark turn toward the underbelly of the Mexican drug wars. Border sage and drug war critic Charles Bowden and translator and Juarez body count keeper Molly Molloy bring the terrifying realities of the business into chilling focus through their interviews with a former cartel hitman now in hiding with a contract on his head. This may be the single scariest book I've read about the Mexican drug wars, not for its calm and collected accounts of horrifying acts of brutality, which can be truly stomach-turning, but for the picture it paints of absolutely corrupted and complicit law enforcement, including the military.

Can you imagine if you don't know whether that cop who just stopped you is going to write you a ticket or shoot you dead without warning, or kidnap and torture you because he's actually working for the cartels? That's the case in Mexico now. Our interlocutor in El Sicario attended the Chihuahua state police academy, rose to the rank of comandante, and underwent training by the FBI, all while carrying out killings, kidnappings, and tortures for the Juarez and Sinaloa cartels. Even more perversely, while he was running the anti-kidnapping squad for the state police, he was using police vehicles to kidnap people and transport drugs.

And he is by no means alone. According to the hit man, about a quarter of his graduating class at the police academy were on the cartel payroll -- from the very beginning of their law enforcement careers! The Mexican police are heavily salted with cartel men; it's a long-term business strategy that has paid handsomely for the cartels, but has absolutely shredded any trust the public has in state and local law enforcement there.

But it's not just rotten on the Mexican side of the border. The hit man details how he and his colleagues transported tens of millions of dollars worth of drugs across the border and how he personally paid a US Customs officer $50,000 to let cars full of drugs get through. El Sicario shows that dirty knows no borders, even if the cartels are smart enough to keep the blood-letting almost entirely south of the border.

But there are other ways US law enforcement is benefiting from the Mexican drug wars. In Border Wars, journalist and Center for International Policy analyst Tom Barry uses a series of interlocking essays to argue that since the September 2001 Al Qaeda attacks, the US has spent billions of dollars "securing the border" against a triple threat of illegal immigration, drugs, and terror, and has accomplished little good, quite a bit of bad, and plenty of stupid.

Barry opens with the death of Jesus Manuel Galindo, who died for lack of proper medical treatment in 2008 in a privately operated, publicly owned federal immigration prison in remote Pecos, Texas. He recalls that until 2006, we typically handled illegal immigration administratively, often simply deporting Mexicans back across the Rio Grande. But since then, the Bush administration began treating illegal immigration as a criminal matter, and now some 20,000 people languish in those distant prisons. Barry paints chilling, Kafkasque scenes of assembly-line "justice" where judges, prosecutors, and defense attorneys, all in the pay of the Us government, process dozens of shackled would-be immigrant laborers into the ever-expanding federal immigration detention system.

There is money to be made there, sucking off the federal teat, although more of it appears to go to lawyers, consultants, dealmakers and lobbyists than to the desperate rural towns hoping a private prison will provide them with a semblance of an economy. There's even more money to be made by border sheriffs and border state law enforcement entities in the seemingly endless billions of Department of Homeland Security dollars to fight drugs and terror.

Barry takes us to Texas and Arizona border counties where the numbers show little violent crime, but the sheriffs and politicians cry to high heaven about "spill over violence," Korans found on the border, and the threat of narco-Hezbollah conspiracies, for which there is no evidence. Some of these counties are among the poorest in the nation, lacking social and public services, yet in one of them, the sheriff's department is so awash in federal grant money that each deputy has two official vehicles, one patrol car and one SUV.

Along the way, he exposes the ugliness of border security politics and some of it practitioners, such as Govs. Rick Perry of Texas and Jan Brewer of Arizona, who use a politics of fear and hate to firm up support among their most reactionary supporters, who hype nonexistent violence on this side of the border, and who constantly tout their border security efforts "without help from Washington" even as they take in billions from Washington to pay for their loudly-touted initiatives. It's rank cynicism, opportunism, and hypocrisy at its worst, and Barry nails it.

For Barry, the central problem is our inability to enact comprehensive immigration reform, a goal always pushed further into the future as we "secure the border" first. And, he says, we have to separate national security from public safety. The gargantuan Department of Homeland Security should worry about terrorists; a separate Customs and Border Protection Service should deal with illegal immigration and drugs.

"The standard of success for our border policy shouldn’t be how completely sealed and secured our border is," he writes, "but rather how well it is regulated. New regulatory frameworks for immigration and drug consumption are fundamental prerequisites for a more cost-effective border policy." And a more sane and human one. 

Finally, with Border Junkies, University of Texas-El Paso borderlands historian Scott Comar takes us back to "the good old days" in Juarez, a decade ago, before the city earned its blood-drenched reputation. In an eye-opening work of auto-ethnography, Comar tells mainly his own story of his descent into abject addiction, in which he moved with appalling speed from owning his own moving truck to panhandling on the streets to feed his habit.

In telling his own story, though, Comar unveils a never-before-written-about world, that of the street junkies of Juarez. His account, based largely on his journal entries, details the day-to-day struggle of the border junkies, the strategies they adopt to survive and score -- and not necessarily in that order -- the kinship and friendship networks that envelop them, the heroin distribution systems that feed their insatiable appetites. For those with a taste for anthropological examinations of the junkie life, this is fascinating stuff, right up there with the work of Philippe Bourgois.

Border Junkies is notable in one other respect: I don't think there is one mention of the cartels in it. Comar recounts constant harassment by the Juarez police (and the El Paso police, too) and petty corruption, he mentions that some of his fellows belonged to gangs, though only passingly, but the existence of the cartels, the source of their dope, is so distant from their daily lives that it is as if they don't exist.

Of course, that was before the death toll in Juarez started climbing to thousands every year. Now those street gangs that in Comar's time seemed to be engaged mainly in minor thuggery, a little smuggling, and posing with pistols have, in the pressure cooker of the Mexican drug wars, morphed into true killing machines like Barrio Azteca, the Artist Assasins, and La Linea. Those guys who quietly peddled smack on the corners or out of their houses in Comar's day died by the hundreds when the violence swept through just a few years later.

Wretched as the border junkie's existence is, it is doable. Comar did it for three years, commuting over the river to panhandle in El Paso, then back across to cop and nod. It was a gritty, miserable existence, but Comar makes it seem almost routine, banal. And, along the way, he has some interesting things to say about addiction and recovery, too.

Perhaps it's fitting to end with the image of the junkie straddling the border, because the root causes of Mexico's drug wars certainly do. Whether it's America's never-ending appetite for Mexican weed, the cartels' addiction to money and power, their alcohol and cocaine-numbed killers, or border state and federal law enforcement's addiction to immigration/drugs/terror funding booty, it's all entangled there on the line.

Mexico may be another country and, thankfully, the violence, at least, remains on that side so far, but we are all in this together. Legalizing marijuana or even ending drug prohibition in the US won't make the cartels magically disappear, but failing to do so will only ensure that they grow ever more entrenched, while continuing to provide sustenance to malign political forces and authoritarian, if not downright Orwellian, policing tendencies here.

Drugs Not Driving Gang Violence, CDC Says

The popular image of street gang violence in the US as being "drug-related," is largely mistaken, the Centers for Disease Control and Prevention said in a report released last Thursday. Other factors, particularly retaliation for ongoing gang violence, are more likely to be at play, the report said in what is the first study based on the CDC's National Violent Death Reporting System.

dumpster tagged by the 24th Street Crips (wikimedia.org)
The CDC looked at data from 2003 through 2008 to study gang-related killings in 17 states and found the highest rates in five cities: Los Angeles, Long Beach, and Oakland, California, Newark New Jersey, and Oklahoma City.  Those cities had 856 gang-related homicides and 2,077 non-gang killings during the period in question.

In Los Angeles and Long Beach, less than 5% of all killings were related to known drug trafficking or use, while in Oakland, only 12.5% of gang killings involved drugs. In Newark, 20% of gang killings involved drugs, while Oklahoma City came in highest with 25.4%.

The numbers show that even in the city with the highest percentage of gang killings blamed on the drug trade or drug use, only about one-quarter of gang killing revolved around drugs. The numbers are similar for non-gang homicides. "Drug-related" killings accounted for little more than one-fifth of all homicides at most, again in Oklahoma City, at 22.8%, but only 16.5% in Oakland, 6% in Newark, and less than 5% in Los Angeles and Long Beach.

"The public often has viewed gangs, drug trade/use, crime, and homicides as interconnected factors; however, studies have shown little connection between gang homicides and drug trade/use and crime," the report's authors wrote in an editorial note. "Gangs and gang members are involved in a variety of high-risk behaviors that sometimes include drug and crime involvement, but gang-related homicides usually are attributed to other circumstances…. Overall, these findings support a view of gang homicides as retaliatory violence. These incidents most often result when contentious gang members pass each other in public places and a conflict quickly escalates into homicide with the use of firearms and drive-by shootings."

The findings could be important for policymakers as they attempt to grapple with the causes of gang violence and how to prevent it. The report suggested concentrating on preventing kids from joining gangs in the first place and helping at risk kids deal with conflict resolution.

"Violence -- including gang homicides -- is a significant public health problem," Linda Degutis, director of the CDC’s National Center for Injury Prevention and Control, said in a prepared statement. "Investing in early prevention pays off in the long run. It helps youth learn how to resolve conflicts without resorting to violence and keeps them connected to their families, schools and communities, and from joining gangs in the first place."

Teens Rejecting Alcohol, Tobacco; Selecting Marijuana [FEATURE]

The annual Monitoring the Future survey of substance use by eighth, 10th, and 12th graders was released Wednesday, and it shows students are drinking and smoking tobacco at historically low levels, but marijuana use is on the rise. Teen use of other drugs also generally declined, except for a slight increase in use of prescription drugs reported by seniors.

About one-third of seniors reported smoking pot during the past year, up slightly from the previous year. That's well above the 20% who did so in 1991, the nadir for teen marijuana use, but well below the more than 50% who did so in 1979, the apex of teen marijuana use. The number of seniors reporting annual pot use has been creeping up slightly since about 2007.

Federal drug war bureaucrats bemoaned the uptick in teen pot smoking at a Washington, DC, press conference rolling out the research results, but marijuana law reform activists had a different take on the numbers and what they mean.

Daily tobacco smoking by teens was down by 50% compared to the mid-1990s, while adolescent binge drinking had declined by 25% since 1997. About 10% of high school seniors reported daily cigarette smoking and about 20% reported smoking within the last month, down 40% from 1997. At all three grade levels, more students smoked pot in the last month than smoked cigarettes.

"The decrease is very dramatic," said Dr. Nora Volkow, director of the National Institute on Drug Abuse. "But despite the dramatic results, the prevalence of teen smoking and drinking is still high, so we can't become complacent. The troublesome news is that marijuana use has been trending upwards in the last few years. We've seen a significant decline in the perception that marijuana is risky. Fewer kids see smoking marijuana as having bad health effects."

While careful to point out that responsible marijuana reform activists do not encourage teen substance use, Mason Tvert, head of the activist group SAFER (Safe Alternatives for Enjoyable Recreation) and coauthor of Marijuana is Safer: So Why Are We Driving People to Drink? dared to suggest that young people who do use drugs are making smarter choices about which drugs they choose to use.

"We're always concerned about young people using drugs, but it's clear that more young people are understanding that marijuana is a less harmful substance and making that choice," said Tvert. "While we certainly don't want to promote marijuana use among minors, this report suggests they are making the safer choice to use marijuana rather than alcohol."

Tvert attributed both the rise in teen use and the decline in their perceptions of marijuana's risks to their increasing exposure to knowledge about marijuana.

"Ultimately, people are hearing more and more about the facts surrounding marijuana, and as they continue to hear that marijuana is far less harmful than alcohol, that it doesn't contribute to violence, that there is no danger of a deadly overdose, they are increasingly more comfortable making that choice."

Drug czar Gil Kerlikowske used the Wednesday press conference to blame medical marijuana for the rise in teen pot smoking. 

"These last couple years, the amount of attention that's been given to medical marijuana has been huge," he said. "And when I've done focus groups with high school students in states where medical marijuana is legal, they say, 'Well, if it's called medicine and it's given to patients by caregivers, then that's really the wrong message for us as high school students.'"

While Volkow and Kerlikowske lauded the use of prevention campaigns in reducing teen smoking and drinking, they did not say why such a strategy was not appropriate for marijuana, nor did they break with the prevailing prohibitionist approach to marijuana.  That led to criticism from the Marijuana Policy Project (MPP) and the Drug Policy Alliance (DPA).

"This report, once again, clearly demonstrates that our nation's policymakers have their heads buried in the sand when it comes to addressing teen marijuana use," said Rob Kampia, MPP executive director. "Political leaders have for decades refused to regulate marijuana in order to keep it out of the hands of drug dealers who aren't required to check customer ID and have no qualms about selling marijuana to young people."

"The continued decline in teen tobacco and alcohol use is proof that sensible regulations, coupled with honest, and science-based public education can be effective in keeping substances away from young people," Kampia continued. "It's time we acknowledge that our current marijuana laws have utterly failed to accomplish one of their primary objectives -- to keep marijuana away from young people -- and do the right thing by regulating marijuana, bringing its sale under the rule of law, and working to reduce the easy access to marijuana that our irrational system gives teenagers."

"The decline in cigarette smoking is great news -- not just because it's the most deadly drug but also because it reveals that legal regulation and honest education are more effective than prohibition and criminalization," said DPA publications manager Jag Davies. "It's absurd, though, that the survey doesn't also include the fiscal, health and human costs of arresting more than 1.6 million Americans each year on drug charges, including more than 750,000 for marijuana possession alone."

"Rather than measuring success based on slight fluctuations in drug use, the primary measure of the effectiveness of our nation's drug policies should be the reduction of drug-related harm," Davies continued. "A rational drug policy would prioritize reducing the problems associated with drug misuse itself -- such as overdose, addiction and disease transmission -- and the problems associated with drug prohibition, such as mass incarceration, erosion of civil liberties, and egregious racial disparities in enforcement, prosecution and sentencing. Looking at use rates in a vacuum is missing the forest for the trees."

"Arresting people for marijuana simply does not stop young people from using it, and it never will," said Kampia. "It is time for a more sensible approach."

Washington, DC
United States

Honduras Calls Out the Army to Fight Drug Cartels

The Honduran congress voted overwhelmingly Tuesday to send out the armed forces to combat Mexican drug trafficking organizations. The vote gives the military broad domestic policing powers, including additional powers in the fight against the cartels.

Honduran army troops training with US Marines (wikimedia.org)
"We cannot have an armed forces only for foreign threats when there are so many deaths in the country because of violence," Juan Orlando Hernandez, president of the Congress, said before the vote in remarks reported by CNN. "We are making this decision to support the Honduran people."

According to the United Nations, Honduras has the world's highest murder rate, with more than 82 murders per 100,000 people last year. By comparison, Mexico, where more than 45,000 people have been killed since President Felipe Calderon deployed the military against the cartels there five years ago, has a murder rate of 18 per 100,000 and the US 4.8.

About 20 people a day are murdered in Honduras, and most accounts blame most of the killings on drug cartels smuggling cocaine from South America. Under pressure in their home country, the Mexican cartels have expanded operations throughout Central America. El Salvador and Guatemala are also finding themselves running up against brazen cartel gunman.

The crime problem is aggravated by the existence of violent street gangs, and the national police have proven both ineffectual and corrupt. The move to involve the military in policing comes just after President Porfirio Lobo was forced to begin a purge of the national police, of whom 167 have just been arrested for charges ranging from corruption to murder.

While the Honduran military had already been involved in operations against the cartels, it had been limited to assisting police and could only go on joint operations with police. Soldiers did not have the power of arrest, nor could they collect evidence or send cases to prosecutors.

That has now changed. The military has full domestic policing powers, including making arrests, doing searches, and executing warrants in law enforcement matters. But armed forces spokesman Col. Alcides Flores said the military is not displacing the police, nor is it imitating Mexico, whose armed forces have been sullied by accusations of corruption and human rights violations during its campaign against the cartels.

"The new decree authorizes the armed forces to make captures without a police presence, but we are just augmenting the capacity of the police," he said. "At no time are we replacing the police. And we are not following the Mexican model. We are making a Honduran model," he said.

Tegucigalpa
Honduras

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