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Latin America: More Argentine Courts Throw Out Drug Possession Charges

In April, judges in Argentine federal courts in the province of Buenos Aires threw out drug possession charges against two young men arrested at a 2007 electronic music festival, saying they were unconstitutional. Last week, more Argentine courts weighed in, with a group of judges echoing that ruling as they considered the case of a young man arrested for marijuana possession.

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2006 ''Million Marijuana March'' demonstration, Rosario, Argentina
The judges dismissed the charges, saying that criminalizing drug possession without showing harm to others violated the Argentine constitution. "Criminalization will only apply in cases where the possession of narcotics for personal consumption represents a danger for the public health of others," the judges announced, according to a report from the Associated Press.

For the past several years, the Argentine government has been working on a rewrite of the country's drug laws, but judges there are not waiting for the legislature to do its work. Their rulings are winning the support of constitutional scholars and are in line with the attitudes of the government of President Cristina Fernández de Kirchner. Aníbal Fernández, the minister of justice, security, and health, has publicly denounced the country's drug laws as a "catastrophe."

"This criterion fits in well with the laws of more civilized nations," Daniel Sabsay, an Argentine constitutional scholar, told Buenos Aires's Clarin newspaper. "I believe that with this, the sense of a broadening of freedom is respected."

4:20 Drug War News 06/09/08

Drug Truth Network Update: 4:20 Drug War NEWS from 90.1 FM in Houston and dozens of radio affiliates in the US and Canada & on the web at www.kpft.org. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US and Canada. 4:20 Drug War NEWS 06/09/08 to 06/15/08 now online (3:00 ea:) Select online at www.drugtruth.net Sun - Dallas Morning NEWS audio regarding Mexican drug war Sat - female Texan describes her use of medical marijuana Fri - Texas patient describes his use of medical marijuana Thu - Ottawa medical patient describes marijuana effects Wed - Oregon patient describes use of medical marijuana Tue - Poppygate Report with Glenn Greenway Mon - Terry Nelson reports for Law Enforcement Against Prohibition Next - Century of Lies on Tues, Cutural Baggage on Wed (Now With Transcripts): - Cultural Baggage 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: Ray Hill: war on drugs/war on queers, the difference? - Century of Lies 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: North America's medical marijuana patients speak up Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org and at www.radio4all.net. Check out our latest videos via www.youtube.com/fdbecker: Please become part of the solution, visit our website: www.endprohibition.org for links to the best of reform. "Prohibition is evil." - Reverend Dean Becker, Drug Truth Network Producer Dean Becker 713-849-6869 www.drugtruth.net

Drug Truth 06/05/08

The Unvarnished Truth About the Drug War From the Drug Truth Network: (To downlad these 29:00 files, click on links below. To simply listen, go to www.drugtruth.net and select the arrow below the shows description.) Cultural Baggage for 06/04/08 Senator Pierre Claude Nolin, chairman of senate panel's massive report on illegal drugs, discusses Canada's pell-mell rush towards all out drug war (or legalization.) MP3 LINK: http://www.drugtruth.net/cms/?q=audio/download/1915/FDBCB_060408.mp3 TRANSCRIPT: (To be posted by Friday) Century of Lies for 06/03/08 Gary Blankenship, president of Houston Police Officers Union + Drug War Facts with Doug McVay MP3 Link: http://www.drugtruth.net/cms/?q=audio/download/1914/COL_060308.mp3 TRANSCRIPT: (Tramscript on Saturday) Chief Clarence Bradford: "We can't possibly hire enough officers to effectively deal with the drug problem in Houston, Harris County...". - Cultural Baggage 050708 PLEASE NOTE: We now have transcripts, potcasts, searchability, CMS, XML, sorts by guest name and by organization. Next - Century of Lies on Tues, Cutural Baggage on Wed, listen online at www.kpft.org: - Cultural Baggage 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: Ray Hill to discuss the war on queers + war on drugs - Century of Lies 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: Medical Marijuana patients describe MJ's "high" Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org and at www.radio4all.net. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US and Canada. Programs produced at Pacifica Radio Station KPFT in Houston. www.kpft.org Check out our latest videos via www.youtube.com/fdbecker: More than 55 Drug Policy Videos online) Please become part of the solution, visit our website: www.endprohibition.org for links to the best of reform. "Prohibition is evil." - Reverend Dean Becker, Drug Truth Network Producer Dean Becker 713-849-6869 www.drugtruth.net

4:20 Drug War NEWS 06/02/08

Drug Truth Network Update: 4:20 Drug War NEWS from 90.1 FM in Houston and dozens of radio affiliates in the US and Canada & on the web at www.kpft.org. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US and Canada. 4:20 Drug War NEWS 06/02/08 to 06/08/08 now online (3:00 ea:) Select online at www.drugtruth.net Sun - Afghan report courtesy VOA 4 of 4 Sat - Afghan report courtesy VOA 3 of 4 Fri - Afghan report courtesy VOA 2 of 4 Thu - Reports on situation in Afghanistan, courtesy Voice of America 1 of 4 Wed - Terry Nelson of Law Enforcement Against Prohibition Tue - Poppygate Report with Glenn Greenway Mon - Drug Truth Network Editorial Next - Century of Lies on Tues, Cutural Baggage on Wed (Now With Transcripts): PLEASE, Check Out the Transcript with Dr. Donald Tasking of National Institute on Drug Abuse (NIDA) at: http://www.drugtruth.net/cms/?q=node/1842#comments - Cultural Baggage 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: Senator Pierre Claude Nolin of Canada - Century of Lies 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: Gary Blankenship, Pres Hou Police Officer Union Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org and at www.radio4all.net. Check out our latest videos via www.youtube.com/fdbecker: Please become part of the solution, visit our website: www.endprohibition.org for links to the best of reform. "Prohibition is evil." - Reverend Dean Becker, Drug Truth Network Producer Dean Becker 713-849-6869 www.drugtruth.net

Drug Truth Update 05/29/08

The Unvarnished Truth About the Drug War From the Drug Truth Network: (To downlad these 29:00 files, click on links below. To simply listen, go to www.drugtruth.net and select the arrow below the shows description.) Cultural Baggage for 05/28/08 Terry Nelson of LEAP, just returned from duty in Iraq, Poppygate Report with Glenn Greenway + Bruce Mirken of Marijuana Policy Project MP3 LINK: http://www.drugtruth.net/cms/?q=audio/download/1906/FDBCB_052808.mp3 TRANSCRIPT: (To be posted by Friday) Century of Lies for 05/27/08 Washington Post writer Neal Peirce regarding Bush's Faulty Prescription for Mexican Drug Violence, Paul Armentano regarding use of cannabis for brain cancer and CNBC clip of marijuana businesses in California MP3 Link: http://www.drugtruth.net/cms/?q=audio/download/1905/COL_052708.mp3 TRANSCRIPT: (Tramscript on Saturday) Chief Clarence Bradford: "We can't possibly hire enough officers to effectively deal with the drug problem in Houston, Harris County...". - Cultural Baggage 050708 PLEASE NOTE: We now have transcripts, potcasts, searchability, CMS, XML, sorts by guest name and by organization. Next - Century of Lies on Tues, Cutural Baggage on Wed, listen online at www.kpft.org: - Cultural Baggage 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: TBD - Century of Lies 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: TBD Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org and at www.radio4all.net. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US and Canada. Programs produced at Pacifica Radio Station KPFT in Houston. www.kpft.org Check out our latest videos via www.youtube.com/fdbecker: More than 55 Drug Policy Videos online) Please become part of the solution, visit our website: www.endprohibition.org for links to the best of reform. "Prohibition is evil." - Reverend Dean Becker, Drug Truth Network Producer Dean Becker 713-849-6869 www.drugtruth.net

Feature: Brazil Appeals Court Rules Drug Possession Not a Crime

At the end of March, a Brazilian appeals court in São Paulo declared that possession of drugs for personal use is not a criminal offense. Several lower courts had previously ruled in the same way, but the ruling from the São Paulo Justice Court's 6th Criminal Chamber marked the first time an appeals court there had found Brazil's drug law unconstitutional as it pertains to simple drug possession.

The ruling came in the case of Ronaldo Lopes, who was arrested with 7.7 grams of cocaine in three separate bags on the night before Carnival began in 2007. Lopes acknowledged that the drugs were his and said they were for his personal use. Lopes was sentenced to 2 1/2 years in prison as a drug trafficker. But the appeals court judges threw out the trafficking charge since it was based on an anonymous complaint. It then threw out the possession charge, saying it was unconstitutional.

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Psicotropicus banner promoting marijuana (maconha) legalization.
In his opinion in the case, Judge José Henrique Rodrigues Torres said the law criminalizing drug possession for personal use was invalid because it violated the constitutional principles of harm (there is no harm to third parties), privacy (it is a personal choice), and equality (possessing alcohol is not a crime). "One cannot admit any state intervention, mainly repressive and of penal character, in the realm of personal choice, especially when it comes to legislating morality," he said.

The ruling applies only to Lopes, but can be used as a precedent in other court proceedings. There is no word yet on whether the Brazilian government will appeal.

The ruling comes nearly two years after Brazil changed its drug laws to depenalize -- but not decriminalize -- drug possession for personal use. Under that law, drug possession is still a criminal offense, but penalties are limited to fines, fees, education, and community service.

In his opinion, Torres cited earlier decisions by now retired Judge Maria Lúcia Karam, who told the Chronicle this week the appeals court decision was "praiseworthy" and "significant."

"The praiseworthy ruling by a Court of Appeals in São Paulo, proclaiming the unconstitutionality of the Brazilian law that criminalizes drug possession for personal use, is a remarkable moment in Brazil's judicial history," she said. "This is a decision of great significance. This is the first time a Brazilian appeals court has clearly stated that a law that criminalizes drug possession for personal use contradicts the Constitution and the international declarations of human rights. This is the first time that a Brazilian appeals court has clearly stated that drug possession for personal use is a behavior that matters only to the individual, to his or her privacy, and to his or her personal choices. This is the first time that a Brazilian appeals court has clearly stated that the state is not authorized to interfere within this sphere of privacy. This is the first time that a Brazilian appeals court has clearly stated that the individual shall be free to be and to do whatever he or she wants, while behaving in such a way that does not affect any rights of others," Karam said.

The decision should reverberate through the Brazilian courts, said Karam. "This is a real precedent, and it should encourage other Brazilian courts and judges to also accomplish their main mission, that is to guarantee liberty and all other fundamental rights of individuals, to actually respect the Constitution and the international declarations of human rights," she said.

"This is good news," agreed Luiz Paulo Guanabara, head of the Brazilian drug reform group Psicotropicus. "The 2006 drug law reform did away with prison sentences for people possessing illicit drugs for personal use, but under that law, drug users were still criminals who could be penalized by community service or fines and fees. This is an advance," he said.

"Amazing," said Martín Arangurí Soto, a graduate student in political science in São Paulo and Drug War Chronicle's Spanish and Portuguese translator. "The Justice Court of São Paulo is a very conservative court. It was among the ones that banned the marijuana marches at the beginning of this month," he noted. "Does this mean the marijuana march is on next year? They won't be able to argue that it is an 'apology for drug use,' because possessing for personal use is not a crime anymore."

Drug law reform is a work in process in Brazil, said Guanabara. "This is a timely decision because the new law is not carved in stone and must be amended to fit social reality. Now we have the chance to quit unjustly criminalizing people for consuming this or that substance or carrying illicit drugs for personal use."

One of the remaining issues to be resolved is what quantity of drugs is considered personal use, said Guanabara. "There is no set quantity to distinguish users from dealers," he explained. "This ruling is notable because the defendant was caught carrying more than seven grams of cocaine. If he had lived in a slum and been detained with that same amount he would have been considered a drug dealer and subjected to the same penalties as someone caught with 10 kilos of cocaine, which is one of the more irrational aspects of our drug laws."

Beyond the impact the ruling could have on the lives of drug users, it also shows how far Brazil has come, said Guanabara. "The drug policy discussion has reached the mainstream in Brazil," he said. "When Psicotropicus was created just a few years ago, the topic was taboo and people who spoke in favor of drug policy reform were regarded as lunatics or advocates against the 'indisputable' crime of possessing, using or selling the forbidden drugs."

4:20 Drug War NEWS Update 05/26/08

Drug Truth Network Update: 4:20 Drug War NEWS from 90.1 FM in Houston and dozens of radio affiliates in the US and Canada & on the web at www.kpft.org. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US and Canada. 4:20 Drug War NEWS 05/26/08 to 06/01/08 now online (3:00 ea:) Select online at www.drugtruth.net Sun - CNBC reports on medical dispensary business in California + clip from Walk Hard Sat - Neal Peirce, Washington Post writer 3 Fri - Neal Peirce, Washington Post writer 2 Thu - Neal Peirce, Washington Post writer discusses the failure of thee drug war 1 Wed - Bruce Mirken of Marijuana Policy Project discusses medical marijuana legislation Tue - Paul Armentano of NORML discusses medical properties of cannabis Mon - Atlanta drug cop gets 4 1/2 Yrs for death of 92 year old woman Next - Century of Lies on Tues, Cutural Baggage on Wed (Now With Transcripts): PLEASE, Check Out the Transcript with Dr. Donald Tasking of National Institute on Drug Abuse (NIDA) at: http://www.drugtruth.net/cms/?q=node/1842#comments - Cultural Baggage 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: Terry Nelson of LEAP - Century of Lies 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: Neal Peirce of Washington Post Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org and at www.radio4all.net. Check out our latest videos via www.youtube.com/fdbecker: Please become part of the solution, visit our website: www.endprohibition.org for links to the best of reform. "Prohibition is evil." - Reverend Dean Becker, Drug Truth Network Producer Dean Becker 713-849-6869 www.drugtruth.net

INTERVIEW: Luiz Paulo Guanabara of Psicotripicus

Anti-prohibitionism or drug legalization defense? In the present interview of th "Activism and Drug Policy" series, psychologist Luiz Paulo Guanabara, Psicotripicus' executive director, talks about the difference between going against a policy and proposing alternatives to it. For five years at the institution's helm - which also has a board composed of doctors, social scientists, psychologists, and philosophers, Guanabara advocates drug legalization as a peace strategy and makes it clear: "Marijuana should be sold on the fair. Plants should be sold on fairs". Which are Psicotropicus' actions when it comes to changing Brazil's drug policy? We have already made two campaigns (2004 and 2005) and we also work with harm reduction, a project called Hepatitis on a Straw. For that we have made a research to better know who are the sniffed cocaine users, and we presented the research results on the International Conference. We release institutional material, promote debates, we always give our support and help organize the Marijuana March. How do you relate drug legalization and peace from the human rights angle? When you ban a product or products for which there is a strong population demand, you generate, as with Alcohol Prohibition, a parallel market whose profits are astronomic. That parallel market gets richer and richer, more powerful and harder to stop. And how's the health approach? If anybody has a real problem with drugs, he should be treated by doctors and psychologists. That person shouldn't be treated by the police or by a judge. One of prohibition's evils is the discrimination against drug users at healthcare services or the very fear of telling that one uses drugs. That can harm treatment for anything, because it's a vital information for the doctor, for instance. That makes healthcare less accessible for drug users. Psicotropicus used to advocate anti-prohibitionism when it began operating. Today the organization's motto is Legalization and Peace. What's the difference between one and the other? To be an anti-prohibitionist is to go against something, while to advocate legalization is more propositional. We want to look for ways for drug reform and reforms in legislation. And the peace is because we experience a globa war on drugs and against drug users, and we want to change that situation. Today, after five years' Psicotropicus, my view of what should be done more objectively is that one should work for alterations in UN papers, which govern the global drug control system. To work on the level of change for honest information, not the one produced by the North-American [that's how we call "Americans", Mr. Borden; you must have noted I use "estadounidense" (ES) or "estadunidense" (PT) frequently; you are not the only Americans on the Americas] government since the 1920s, which is hypocritical. The US are the most liable for drug situation in today's world, for prohibitionist policy, which is a failure from the point of view of public health and human right violations. The organization supports the Marijuana March. What is its relevance for the drug debate? Among the forbidden drugs, marijuana is a special case. It has a huge economic potential, industrial, nutritional and pharmaceutical properties, and it causes an effect on the brain. And marijuana is not a cause for overdosis, it's difficult to find someone committed - which is an extreme measure - or in a Narcotics Anonymous meeting because of marijuana. So marijuana is a particular substance on that motley crue of substances where people put drugs illicit today. Marijuana should be sold on the fair. Plants have to be sold on fairs. [...] [Read the full interview in Portuguese at http://www.comunidadesegura.org/?q=pt/node/39126 online.]

Europe: Colombian Vice-President Wants Debate on Cocaine Legalization

Appearing in London at an event aimed at undermining cocaine consumption in Great Britain, Colombian Vice-President Francisco Santos Calderón appeared to suggest that discussions about cocaine policy should include the possibility of legalization. But there is no political will to do so, he complained.

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Francisco Santos
Colombia is the world's leading cocaine producer and exporter. Cocaine has been a leading revenue source for both rightist paramilitaries and leftist guerrillas engaged in a bloody, decades-long civil war. Now, with consumption rising in Europe in general and Great Britain in particular, the British government this week announced a new public relations program to dampen demand. Santos was in London for an event kicking off that push.

"In the case of Colombia and this country, the discussion of legalization is something that does not have the political will or the possibility of becoming a reality in the near future," Santos said in remarks reported by politics.co.uk. "So in Colombia, where a lot of illegal groups fund themselves through this kind of operation, we have no other option in terms of combating it. The debate is open but we wish it had a louder sense in terms of how we can reduce consumption and production."

It's not the first time Santos has criticized current drug policies. In September of last year, Santos noted the failure of aerial eradication programs targeting coca (the plant from which cocaine is derived), and called for a change in emphasis in anti-drug efforts.

According to the British Home Office, whose head, Home Secretary Vernon Coaker also attended the event, cocaine is the only drug in Britain to see an increase in use over 1998. It is a Class A drug under Britain's Misuse of Drugs Act, with possession punishable by up to seven years and sales punishable by up to life in prison.

While the British government is now engaged in a public relations campaign to reduce cocaine use, it appears deaf to the Colombian vice-president's suggestion that legalization be put on the table. It's all about law enforcement, said Home Secretary Coaker.

The new campaign is "just one part of enforcement measures we use," Coaker said. "The really important thing about drugs policy, whether it is in respect of cannabis or cocaine, is that we have a tough law enforcement approach in respect of that, of course you do, but alongside that people know we also have to have education programs and treatment programs so when we have got people in the system we try to help them and work with them," he added.

Drug Truth Update 05/22/08

The Unvarnished Truth About the Drug War From the Drug Truth Network: (To downlad these 29:00 files, click on links below. To simply listen, go to www.drugtruth.net and select the arrow below the shows description.) Cultural Baggage for 05/21/08 Dr. Mitch Earleywine discusses his new book Parents Guide to Marijuana + Report from Doug McVay of Common Sense for Drug Policy MP3 LINK: http://www.drugtruth.net/cms/?q=audio/download/1896/FDBCB_052108.mp3 TRANSCRIPT: (To be posted by Friday) Century of Lies for 05/20/08 4:20 Drug War NEWS reports selected from Feb 2007 to Jan 2008 MP3 Link: http://www.drugtruth.net/cms/?q=audio/download/1895/COL_052008.mp3 TRANSCRIPT: (No Transcript will be provided for this one show) Chief Clarence Bradford: "We can't possibly hire enough officers to effectively deal with the drug problem in Houston, Harris County...". - Cultural Baggage 050708 PLEASE NOTE: We now have transcripts, potcasts, searchability, CMS, XML, sorts by guest name and by organization. Next - Century of Lies on Tues, Cutural Baggage on Wed, listen online at www.kpft.org: - Cultural Baggage 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: TBD - Century of Lies 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: TBD Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org and at www.radio4all.net. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US and Canada. Programs produced at Pacifica Radio Station KPFT in Houston. www.kpft.org Check out our latest videos via www.youtube.com/fdbecker: More than 55 Drug Policy Videos online) Please become part of the solution, visit our website: www.endprohibition.org for links to the best of reform. "Prohibition is evil." - Reverend Dean Becker, Drug Truth Network Producer Dean Becker 713-849-6869 www.drugtruth.net

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