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Florida Welfare Drug Testing Bill Signed Into Law

Florida welfare applicants and recipients, mostly women with children, will now have to undergo drug tests at their own expense to receive cash benefits after Gov. Rick Scott (R) signed into law a drug testing bill, HB 353, that passed the state legislature earlier this month. Scott also signed HB 1039, a law banning "bath salts," or new synthetic stimulant drugs.

Gov. Rick Scott (R) scores political points on the backs of the poor. (Image courtesy state of Florida)
More than 21,000 Floridians receiving benefits as heads of households will have to pay for and take the drug tests, as well as any new applicants. If they pass the drug test, they will be reimbursed for the cost. If they fail the drug test, they become ineligible to receive benefits for one year or until successfully completing drug treatment. Children of heads of household who test positive would still be eligible to receive benefits through a designated third party.

Scott and the Republican-controlled legislature argued that the law is necessary to stop welfare recipients from using the money to buy drugs. But opponents cited studies demonstrating that drug use is no more common among welfare recipients than among the general public.

"While there are certainly legitimate needs for public assistance, it is unfair for Florida taxpayers to subsidize drug addiction," Scott said in a press release. "This new law will encourage personal accountability and will help to prevent the misuse of tax dollars."

The ACLU of Florida was quick to attack the new law. It noted that the only other state law mandating suspicionless drug testing of welfare recipients -- one in Michigan -- was overturned by the federal courts in 2003 for violating the Fourth Amendment's proscription against unwarranted searches and seizures.

"Once again, this governor has demonstrated his dismissal of both the law and the right of Floridians to personal privacy by signing into law a bill that treats those who have lost their jobs like suspected criminals," said ACLU of Florida head Howard Simon in a statement Tuesday. "The wasteful program created by this law subjects Floridians who are impacted by the economic downturn, as well as their families, to a humiliating search of their urine and body fluids without cause or even suspicion of drug abuse."

Citing the Michigan decision, Simon continued: "Surely the governor knew this, and the ACLU testified in the legislature that the bill was a significant and unnecessary invasion of privacy. The new law rests on an ugly stereotype that was disproven by the state's own earlier experimental drug-testing program," he said. "Nevertheless, their zeal to score political points on the backs of Florida's poor once again overrode their duty to uphold the Constitution. Searching the bodily fluids of those in need of assistance is a scientifically, fiscally, and constitutionally unsound policy. Today, that unsound policy is Florida law."

Wednesday the ACLU of Florida announced it was filing suit against the governor over an executive order he issued earlier this year requiring suspicionless drug testing of state employees. At the same time, it promises an announcement soon about how it plans to respond to the welfare drug testing law. 

Tallahassee, FL
United States

Missouri Welfare Drug Test Bill Heads for Governor's Desk

A Missouri bill that mandates the drug testing of welfare recipients and applicants if case workers have "reasonable suspicion" they are using illegal drugs has passed out of the legislature and is now headed for the governor's desk. It passed the House Tuesday on a vote of 113-34. It had passed the Senate last month.

If you're on welfare in Missouri and the state suspects you use drugs, you will have to provide this. (Image via Wikimedia.org)
The bill, House Bill 73, also known as the "TANF Child Protection and Drug Free Home Act," requires Temporary Assistance for Needy Families (TANF) case managers to report to the Children's Division if an applicant or recipient tested positive or refused to take a drug test related to employment or employment training. Caseworkers would also have to report to the division if they have "reasonable suspicion to believe that such individual is engaging in illegal use of a controlled substance."

Failure to take or pass a drug test would make the recipient ineligible for TANF benefits for two years. But people who fail the test could enroll in a drug treatment program, and benefits would continue during treatment. If the person completes treatment and doesn't test positive, the benefits would continue. A second positive drug test would make the person ineligible for benefits for two years, with no provision for a treatment escape clause. Family members of someone declared ineligible because of drug use could continue to receive benefits through a third-party payee.

Foes of the bill argued that the bill was possibly unconstitutional -- although its use of a "reasonable suspicion" standard may make that argument more difficult -- that the program will be costly, and that it's an attack on society's most vulnerable.

The bill "targets low-income individuals, particularly women with children, said Pat Dougherty of the Catholic Charities of the Archdiocese of St. Louis. "We have women who come to our program and who are successful, who are getting their lives back together, who are trying to get straight, and yet, you've got a penalty there," he told KMOX News Radio last month.

Sen. Maria Chapelle-Nadal (D-St. Louis County) said she was concerned about the costs connected with the drug tests. Legislative analysts in Missouri estimated the program would cost up to $2.3 million.

"In Florida, they did about 9,000 tests and spent more than $3 million, while only 36 people were convicted," Chapelle-Nadal said.

But now, the Show Me State's Republicans get to look tough if not necessarily fiscally smart.

Columbia, MO
United States

Florida Legislature Passes Welfare Drug Test Bill

A bill requiring Florida welfare recipients to undergo drug tests passed the state Senate last Thursday. A similar measure has already passed the House. The bill was supported by Gov. Rick Scott (R), who is expected to sign it into law shortly.

(image via Wikimedia.org)
"It’s fair to taxpayers," Scott said after the vote. "They're paying the bill. And they're often drug screened for their jobs. On top of that, it's good for families. It creates another reason why people will think again before using drugs, which as you know is just a significant issue in our state."

Scott has already signed an executive order mandating drug tests for state workers. But Republican senators this week fended off bipartisan amendments that would have imposed drug tests for anyone working for a company that receives public funds and schoolchildren in the Bright Futures program. Those amendments were designed to sabotage the bill by spreading the net uncomfortably wide.

If Scott signs the bill into law, it is almost certain to face a constitutional challenge, and the challengers would have a strong case. The only other state to pass a suspicionless drug testing bill for welfare recipients, Michigan, saw its law thrown out by a federal appeals court in 2003 as an unconstitutional violation of the Fourth Amendment's protection against warrantless searches. Arizona has a welfare drug testing law, but that law requires probable cause before a drug test can be demanded.

The bill, House Bill 353, requires all adult applicants for or existing recipients of federal cash benefits -- the Temporary Assistance to Needy Families (TANF) program -- to undergo drug testing at their own expense. If they pass the drug test, the cost of the test is reimbursed by the state. The tests would screen for all controlled substances and recipients would have to disclose any legal prescriptions they have.

If recipients test positive, they lose their benefits for a year. If they fail a second test, they lose their benefits for three years. Children whose parents lose their benefits could still receive benefits if another adult is designated the payee on their behalf.

The bill is set to go into effect July 1, provided Gov. Scott actually signs it and no legal challenge has been filed by that date.

Tallahassee, FL
United States

Florida Welfare Drug Testing Bills Advance

Bills that would require new applicants for temporary welfare assistance to undergo suspicionless drug tests -- and pay for them themselves -- are advancing in the Florida legislature. On April 13, House Bill 353 passed the House Health and Human Services Committee. That same day, the Senate version of the bill, Senate Bill 556, won approval from Senate budget subcommittee. Both votes were party-line votes in the Republican dominated legislature.

Welfare recipients are the latest targets of Florida politicos. (Image via Wikimedia.org)
Under the legislation, applicants who fail a drug test would be barred from receiving cash assistance for one year. Failing a second drug test, would mean a three-year ban. Children of rejected applicants could receive benefits if they can find another adult who can pass the drug test to be a payee.

Republicans voting for the bills argued that since many taxpayers must endure drug testing on the job, it was only fair that welfare recipients be tested as well. They also argued drug testing would provide an incentive for drug abusers to seek treatment.

Democrats and their supporters retorted that suspicionless drug testing would likely be found unconstitutional. They also argued that it would be unfair to force people seeking assistance because they're poor to pay the estimated $35 cost of the drug test.

"We believe it is not quite reasonable to expect folks who are applying for temporary assistance to undergo drug testing that they must pay for," said Michael Sheedy of the Florida Catholic Conference, who testified against the bill.

"It may seem a little onerous telling folks they need to get drug tested," conceded Sen. Rene Garcia (R-Hialeah). "But at the end of the day, I want to help people who want to help themselves."

"We're heading into a court challenge with this," warned Sen. Eleanor Sobel (D-Hollywood).

The only state to pass a suspicionless welfare drug testing ban was Michigan, but that law was struck down by a federal appeals court in 2002. The court held that testing without particularized suspicion violates privacy rights and the Fourth Amendment's protection against unwarranted searches.

That hasn't stopped drug testing bills aimed at welfare recipients, unemployment seekers, or other convenient scapegoats from being a perennial favorite of pandering politicians. Although no state has passed a bill since the 2002 court decision, bills have been filed in at least 16 states this year.

The House bill now awaits a floor vote, while the Senate bill goes before the Budget Committee Friday, and then, if approved, on to a floor vote.

Tallahassee, FL
United States

Florida Political Action Committee Protests Gov. Rick Scott's New Drug Testing Policy by Sending Him Urine

Location: 
FL
United States
Last month, Gov. Scott signed an executive order allowing random drug testing of state employees and a bill is currently working its way through Florida's legislature that would require welfare and food stamp recipients to undergo drug testing. The Committee for the Positive Insistence on a Sane Society, or PISS, is calling the smelly "gift" a peaceful protest. "In one breath our CEO professes to be focusing on cutting wasteful government spending and laying off tens of thousands of state employees, while at the same time he announces a program to drug test state employees without any legitimate basis for such an invasion of privacy," a PISS press release stated.
Publication/Source: 
NBC
URL: 
http://www.nbcmiami.com/news/local/Key-West-Pissed-Off-at-Gov-Send-Him-Urine-119205199.html

Alabama Tax on Illegal Drugs Goes from Weapon to ‘Headache’

Location: 
AL
United States
Alabama’s illegal drug tax dates back to the late 1980s, when state governments were looking for new ways to crack down on the drug trade. In 1998, according to state documents, Alabama collected $161,947 in taxes on illegal drugs. In 2010, collections were just $1,275. Charles Crumbley, director of the Investigations Division at the State Department of Revenue, said, "Enforcing it was just more trouble than it was worth."
Publication/Source: 
The Anniston Star (AL)
URL: 
http://annistonstar.com/bookmark/12617678-Alabama-tax-on-illegal-drugs-goes-from-weapon-to-%E2%80%98headache%E2%80%99

Florida Governor Orders State Employee Drug Testing

Florida Gov. Rick Scott (R) Tuesday issued an executive order Tuesday requiring that current state employees submit to random drug tests and that applicants for state jobs undergo pre-hiring drug tests. The order will go into effect in 60 days for current employees and immediately for new hires, but it certain to be challenged in court.

Rick Scott
The executive order came as the state legislature grapples with a bill that would require people who apply for state welfare benefits to submit to a drug test -- and pay for it themselves -- before receiving them. That bill, Senate Bill 556, is supported by Gov. Scott and passed the Senate Criminal Justice Committee Tuesday.

"Floridians deserve to know that those in public service, whose salaries are paid with taxpayer dollars, are part of a drug-free workplace," Scott said. "Just as it is appropriate to screen those seeking taxpayer assistance, it is also appropriate to screen government employees."

The bill applies only to workers in executive agencies that answer to the governor. Legislators and their staffs would be exempt.

State law already allows for, but does not require, pre-employment drug testing of applicants for jobs at state agencies under the Florida Drug-Free Workplace Act. But the random drug testing of both state employees and welfare recipients is likely to run up against the US Constitution.

Federal courts have generally found that random testing of government workers who aren't in jobs that affect public safety amounts to a "search" by the government. Such searches must be "reasonable," generally, and some courts have interpreted such requirements of ordinary government workers as a violation of the US Constitution's Fourth Amendment right against unreasonable searches. A Michigan law requiring drug testing of welfare recipients was thrown out by the federal courts in 2003.

The ACLU of Florida attacked Scott's order, saying that a federal court had in 2004 already ruled that the state was violating the Fourth Amendment when the Department of Juvenile Justice instituted a random drug testing program. In that case, a US district judge ordered the agency to halt random drug testing and pay the worker who sued $150,000.

"I'm not sure why Gov. Scott does not know that the policy he recreated by executive order today has already been declared unconstitutional," ACLU of Florida Executive Director Howard Simon said in a statement. "The state of Florida cannot force people to surrender their constitutional rights in order to work for the state. Absent any evidence of illegal drug use, or assigned a safety-sensitive job, people have a right to be left alone."

While Gov. Scott is coming off as a hard-liner when it comes to drug testing poor people and state workers, he has also zeroed out the state drug czar's office and blocked the state from beginning a prescription drug tracking plan. But then, as the saying goes, consistency is the hobgoblin of small minds.

Tallahassee, FL
United States

Drug Courts Poor Public Policy, Reports Charge [FEATURE]

With a pair of separate reports released Tuesday, the Drug Policy Alliance (DPA) and the Justice Policy Institute (JPI) have issued a damning indictment of drug courts as a policy response to drug use. Instead of relying on criminal justice approaches like drug courts, policymakers would be better served by moving toward evidence-based public health approaches, including harm reduction and drug treatment, as well as by decriminalizing drug use, the reports conclude.

Since then-Dade County District Attorney Janet Reno created the first drug court in Miami in 1989, drug courts have appeared all over the country and now number around 2,000. In drug courts, drug offenders are given the option of avoiding prison by instead pleading guilty and being put under the scrutiny of the drug court judge. Drug courts enforce abstinence by imposing sanctions on offenders who relapse, including jail or prison time and being thrown out of the program and imprisoned on the original charge. The Obama administration wants to provide $57 million in federal funding for them in its FY 2012 budget.

Through organizations like the National Association of Drug Court Professionals  (NADCP), the drug court movement has created a well-oiled public relations machine to justify its existence and expansion. NADCP maintains that the science shows that drug courts work and even maintains a convenient response to criticisms leveled by earlier critics.

The Chronicle contacted NADCP for comment this week, but representatives of the group said they were still digesting the reports and would issue a statement in a few days.

But in a Monday teleconference, DPA, JPI, and the National Association of Criminal Defense Lawyers (NACDL), which issued its own critical report on America's Problem-Solving Courts in 2009, slashed away at drug court claims of efficacy and scientific support. Drug courts are harsh on true addicts, don't benefit the public health or safety, and are an inefficient use of criminal justice system resources, they said.

"The drug court phenomenon is, in large part, a case of good intentions being mistaken for a good idea," said Margaret Dooley-Sammuli, DPA's Southern California state deputy director and co-author of the DPA report, Drug Courts are Not the Answer: Toward a Health-Centered Approach to Drug Use. "Drug courts have helped many people, but they have also failed many others, focused resources on people who could be better treated outside the criminal justice system and in some cases even led to increased incarceration. As long as they focus on people whose only crime is their health condition, drug courts will be part of the problem -- not the solution -- created by drug war policies," she said.

"Even if drug courts were able to take in all 1.4 million people arrested for just drug possession each year, over 500,000 to 1 million people would be kicked out and sentenced conventionally," Dooley-Sammuli added. "Drug courts just don't make sense as a response to low-level drug violations."

The DPA report found that drug courts have not demonstrated cost savings, reduced incarceration, or improved public safety. Previous "unscientific and poorly designed research" supporting drug courts has failed to acknowledge that drug courts often "cherry pick" people expected to do well, that many petty drug law violators choose drug courts because they are offered a choice of treatment or jail and drug courts thus are not diverting large numbers of people from long prison sentences, or that, given their focus on low-level drug violators, even positive results for individuals accrue few public safety benefits for the community.

Not only are drug courts' successes unproven, DPA said, they are often worse for the people participating in them. Their quick resort to incarceration for relapses means some defendants end up serving more time than if they had stayed out of drug court. And defendants who "fail" in drug court may face longer sentences because they lost the opportunity to plead to a lesser charge. In addition, the existence of drug courts is associated with increased arrests and imprisonment because law enforcement and others believe people will "get help" if arrested.

Worst, the DPA report found, drug courts are toughest on those who most need treatment for their addictions. Because of their use of quick sanctions against those who relapse, the seriously addicted are more likely to end up incarcerated for failing to stay clean, while those who don't have a drug problem are most likely to succeed. Drug courts typically don't allow what Dooley-Sammuli called the "gold standard" of treatment for opiate addiction, methadone or other maintenance therapies.

Drug courts should be reserved for cases involving offenses against persons and property committed by people who have substance abuse problems, while providing other options such as probation or treatment for people arrested for low-level drug law violations, the report recommended. It also called for bolstering public health systems, including harm reduction and drug treatment programs, to deal with drug use outside the criminal justice system, and for decriminalizing drug use to end the problem of mass arrests and incarceration.

"Drug courts are not a true alternative to incarceration," said Natassia Walsh, author of the JPI report, Addicted to Courts: How a Growing Dependency on Drug Courts Impacts People and Communities. "They are widening the net of criminal justice control. Even the mere existence of a drug court means more people are arrested for drug offenses, which brings more people into the criminal justice system, which means increased costs for states and localities, as well as for offenders and their families."

The JPI report found that providing people with alternatives like community-based drug treatment are more cost-effective and have more public safety benefits than treatment attached to the criminal justice system, with all its collateral consequences.

"It is shameful that for many people, involvement in the criminal justice system is the only way to access substance abuse treatment in this country," said Walsh. "We need to change the way we think about drug use and the drug policies that bring so many people into the justice system. The dramatic increase in drug courts over the past 20 years may provide talking points for so-called 'tough-on-crime' policymakers; however, there are other, better options that can save money and support people and communities. More effective, community-based programs and services that can have a positive, lasting impact on individuals, families and communities should be available."

"All three of our reports have some things in common, " said the NACDL's Elizabeth Kelly. "They recognize that substance abuse is a public health issue not appropriate for the criminal justice system to handle, they recognize that these problem-solving courts cherry pick their participants, allowing them to inflate success rates, and they recognize that drug courts exclude the people who are most problematic and who have the most profound addictions," she said.

"It is fundamentally bad public policy to make the only means to treatment through the criminal justice system that stigmatizes and burdens the individual with all the collateral consequences of a criminal conviction," Kelly concluded.

The fight to avoid the drug policy dead end that is drug courts is on.

HUD Says Medical Marijuana Policies Up to Local Housing Authorities

A Colorado-based non-profit has received a statement from the U.S. Department of Housing and Urban Development (HUD) making it clear that local housing authorities themselves are responsible for determining policies regarding medical marijuana use by recipients of federal housing assistance. "PHAs [public housing authorities] have discretion to determine, on a case by case basis, the appropriateness of program termination for the use of medical marijuana," Milan M. Ozdinec, the deputy assistant secretary for Public Housing and Voucher Program, said in the statement.
Publication/Source: 
The Huffington Post (CA)
URL: 
http://www.huffingtonpost.com/2011/03/16/colorado-medical-marijuan_65_n_836879.html

Mass Marijuana Arrest Policy Costs NYC Big Bucks

In a report released Tuesday, the Drug Policy Alliance charged that New York City's unwritten policy of mass arrests of pot smokers -- overwhelmingly young and minority -- is costing the city $75 million a year. The report, bluntly titled $75 Million a Year: The Cost of New York City's Marijuana Arrests, was co-authored by City University of New York professor and marijuana arrest expert Harry Levine.

drug arrest scene, "10 Rules for Dealing with Police," flexyourrights.org
Although New York state decriminalized marijuana possession in the 1970s, the NYPD has made it a practice to stop and frisk people by the hundreds of thousands a year and demand that they empty their pockets. When they produce marijuana from their pockets, they are then charged with public possession -- possession in plain view -- a misdemeanor.

The NYPD is arresting about a thousand pot smokers a week and has busted more than 350,000 of them during Mayor Michael Bloomberg's tenure in office. This is the same Mayor Bloomberg who once said he smoked marijuana and like it.

Bloomberg's and the NYPD's mass arrest policies cost the city big bucks in a time of economic difficulty. With Levine and his co-author Loren Siegel estimating the cost of arresting and prosecuting each pot possession offender at between $1,000 and $2,000, New York City has spent somewhere between $350 million and $700 million to persecute pot people since Bloomberg has been in office.

"More people have been arrested for marijuana possession under Mayor Bloomberg than under Mayors Koch, Dinkins, and Guiliani combined," said Levine at a City Hall news conference Tuesday. "These arrests are wildly expensive, do not improve public safety, and create permanent criminal records which seriously damage the life chances of the young people targeted and jailed," Levine said.

"Upwards of $75 million have been used to arrest NYC residents for marijuana possession that could have legally been handled with a summons and not a criminal offense," said City Council Member Jumaane Willimas. "This, as we are debating closing our senior centers. In addition, 86% of those arrests are young children of more color. I don't believe that this represents the percentage of people who take the occasional 'pull.'  It does however better reflect the communities abused by the current stop and frisk policies. Had this been 86% of our young children of a lighter shade, there would be uproar. I believe there still should be. All of our children are gifts to be nurtured; yet we are losing them to the system at an alarming rate. There must be a better way to deal with drugs in New York City. These arrests are simply about boosting arrest numbers and aren't the answer to our problems," said Williams.

"It is clear that the NYPD's current policy of giving high arrest priority to marijuana enforcement is fiscally wasteful, and has a greater impact on low-income communities where the 'war-on-drugs' has been primarily focused," said Council Member Letitia James. "Although African-Americans only constitute 13% of national of drug users, they make up 38% of those arrested for drug offenses, and 59% of those convicted of drug offenses. It is fair to say that the high priority given to marijuana enforcement directly relates to racial profiling in New York."

"The consequences of an arrest are severe, especially for young people of color who are already disproportionately arrested and incarcerated in juvenile facilities," said Kyung Ji Rhee, Director of the Institute for Juvenile Justice Reform and Alternatives. "Young people of color are targeted, illegally searched and being put through the criminal justice system for possessing or smoking marijuana. Whatever your opinion may be on marijuana, this is no way to treat or teach young people about the choices they make."

"It is beyond hypocritical for the Mayor, who once said he smoked marijuana and enjoyed it, to make arresting young people of color for marijuana possession his top law enforcement priority," said Gabriel Sayegh, New York State Director for the Drug Policy Alliance. "While cutting services for seniors, youth, housing, transportation, teachers, education, and more, the Mayor spent S75 million last year to arrest over 50,000 people for marijuana possession -- which isn’t even a crime under NY State law. It's just outrageous."

Will Mayor Bloomberg and the NYPD see the light? Not without some political heat -- stay tuned.

New York, NY
United States

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