The Los Angeles City Council this afternoon voted to allow medical marijuana dispensaries to continue to sell their products, but failed to reach a final vote on a medical marijuana ordinance that has been years in the works. The council will return to the ordinance at its December 2 meeting.

Observers had hoped the council might pass the ordinance today, but progress was derailed by contentious debate over the sales issue. LA City Attorney Carmen Trutanich and LA County District Attorney Steve Cooley had called for an outright ban on medical marijuana sales, saying that under their reading of the state's medical marijuana laws and court decisions, sales are not allowed.

But council members, caught between fear of legal problems and the expressed desire of constituents for safe access to medical marijuana, rejected language in the ordinance banning sales. Instead, they adopted an amendment that would allow for "cash contributions, reimbursements and payments for actually expenses of growth, cultivation, and provision […] in accordance with state law

"We have some very elegant and flexible language that will adjust as state law is defined," said Council President Eric Garcetti.

The council has yet to vote on ordinance language or amendments that would impose location restrictions on dispensaries and set a cap on their number at 70. During debate today, there were indications that cap could rise to as much as 200.

There are currently an estimated one thousand dispensaries in Los Angeles. There were four when the council began working on an ordinance way back in 2005. There were 186 when the council voted to institute a moratorium two years later.

Look for more on this tomorrow, when I've had a chance to talk to some of the interested parties.

This article in the New Hampshire Union Leader gets it right:

Testimony: Drug war behind street shooting

MANCHESTER – Lennoxx Tibbs was shot to death as a result of a drug sellers' turf war, according to police testimony yesterday at probable cause hearings in Manchester District Court for the man accused of shooting Tibbs and the man accused of accompanying him…

Meanwhile, the Herald & Record in Illinois gets it wrong:

Three charged in drug-related shooting

DECATUR - Three Decatur men allegedly involved in a drug deal Thursday that ended in a shooting have been charged in Macon County Circuit Court with five Class X felonies and an assortment of drug charges...

There's been a longstanding and misleading tendency in the press to invoke the term "drug-related" to describe unfortunate events that didn’t even involve drug use, and that's why the Union Leader headline above is such a rare and refreshing example of responsible reporting on drug trade violence.

When you hear the term "alcohol-related," you can be damn sure we're talking about someone doing something reckless & dangerous after getting wasted on booze. Thus, we must also insist that the term "drug-related" be used exclusively to describe incidents arising from the effects of drug consumption, and never the ubiquitous harmful results of drug prohibition itself.

Just imagine if the media properly attributed every episode of horrific drug war violence to prohibition rather than just drugs. That critical distinction is truly the fulcrum from which an individual's view of our drug policy swings in one direction or the other. The instant one learns to identify and distinguish between the harms of drugs and the harms of the laws against them, it becomes vastly more challenging to justify and uphold our present policies.  

So please, the next time you see the term "drug-related" used to described harmful outcomes caused by prohibition, send the reporter a note suggesting that a term like "drug war violence" be used instead. It's just a fact that the drug war kills infinitely more people than all illegal drugs combined, and we should demand media reporting that places the blame squarely where it belongs.

by Bernd Debusmann, Jr.

[Editor's Note: We publish the Mexico Update early this week because Bernd is on his way home for Thanksgving.]

Mexican drug trafficking organizations make billions each year trafficking illegal drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed over 12,000 people, with a death toll of over 5,000 so far in 2009. The increasing militarization of the drug war and the arrest of several high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:

Thursday, November 19

In Ciudad Juarez, four policemen were killed and two were wounded in two separate incidents. According to a spokesperson for the state Department of Public Safety, unknown gunmen killed two undercover officers after opening fire on their care. Several hours later, gunmen attacked a police patrol, killing two and wounding two. A gas station attendant caught in the crossfire was also killed.

Friday, November 20

In Chicago, 15 alleged members of a “command and control” group of La Familia were indicted by federal authorities. These arrests come a month 300 alleged members of the cartel’s US distribution network in the US were arrested in a nationwide sweep. The group in Chicago had, since at least 2007, been taking orders from unidentified cartel bosses in Mexico collected approximately $20 million. 550 pounds of cocaine and $8 million in cash were seized when the arrests were made.

Monday, November 23

The mayor of a wealthy suburb of Monterrey has sent his family outside the country for their protection as he campaigns against organized crime. Mayor Mauricio Fernandez of San Pedro Garza Garcia made headlines last week when he publicly announced the death of a kidnapper hours before his body was found by police. He has also suggested using groups that operate outside of the law to combat crime, and is planning to form his own intelligence network of civilians and police.

In Tijuana five men were killed in different incidents. One of the men was found inside a residence with a gunshot wound to the head. In another incident, a man with his hands and feet tied with extension cords was found inside a burning truck. No arrests were made in any of the murders.

In Guerrero, at least six people were killed in drug related violence throughout the state. During the same 24 hour period, at least 12 people were killed in Sinaloa, 8 in Ciudad Juarez, and 2 in Chihuahua city.

Tuesday, November 24

In the state of Sinaloa, five bodies were found by the side of the Culiacan-Mazatlan highway. Among them was a relative of Jose Carillo Fuentes, who was head of the Juarez Cartel until dying in a botched plastic surgery in 1997. 11 people were killed in Chihuahua, of which 9 were killed in Ciudad Juarez. At least six people were killed in other incidents throughout Mexico.

In Matamoros, an an American citizen, Lizbeth Marin died after being wounded by gunfire. Initial reports indicate that she may have been shot when the weapon of a Mexican soldier was accidently discharged as he climbed into a vehicle. Another unidentified American woman of 54 years of age was found dead in a home in Tijuana Monday, bearing signs of blunt injuries and contusions to her neck, head and face.

In Colombia, an alleged member of the Sinaloa Cartel was arrested by Colombian intelligence agents in the city of Cali. Carlos Adolfo Garcia Yepes, aka El Chino, was apparently in charge of logistics and coordinating the seaborne traffic of cocaine from Colombia to Mexico, from which it was then smuggled into the United States.

Body Count for the Week: 158

Body Count for the Year: 6, 738

Sheba Medical Center in Tel Hashomer has become the first hospital in Israel to administer medical marijuana to patients, the Israeli newspaper Haaretz reported Tuesday. Some 20 patients have been treated with medical marijuana in a pilot program over the last six months, the newspaper reported.

Meanwhile, the Jerusalem Post reported Wednesday that the Knesset's Labor, Social Affairs, and Health Committee had instructed the Health Ministry to finish its proposals for regulating medical marijuana use within four months. Such regulations should address the production, quality, and marketing of medical marijuana, as well as prevent diversion into non-medical markets.

In Israel, people with cancer, multiple sclerosis or certain other conditions can apply for a license to receive a free supply of medical marijuana. It is provided by a charitable organization, Tikun Olam, which supplies it to some 700 patients.

At Sheba Hospital, Ora Shamai, head nurse in the pain management program, has recently finished drafting a formal protocol for providing medical marijuana, another first for an Israel hospital. That draft has already been approved by the Health Ministry official in charge of approving medical marijuana treatments, Dr. Yehuda Baruch. The hospital is expected to soon approve the protocol.

Under the protocol, if doctors determine a patient needs marijuana, the doctor in charge of his treatment will apply for the necessary permit from the ministry. Patients who can walk will be limited to smoking in the hospital's smoking room, while bedridden patients will only be allowed to smoke in private rooms with an open window.

"We make it clear to the staff that smoking medical marijuana doesn't endanger the medical staff on the wards," Shamai said. "It does not harm those in the area via passive smoking."

Doctors at Sheba downplayed any possible harms to patients from smoking marijuana on a limited basis. "It's certainly a dilemma, but it's the lesser of two evils," said Dr. Itay Gur-Arie, the head of Sheba's pain management unit. "When you're talking about smoking a joint or two a day, we don't think this causes short-term harm to the patients."

Sheba is also making use of vaporizers, machines that heat marijuana but don't ignite it, allowing patients to inhale vapors instead of smoke. The Israel Association for the Advancement of Medical Cannabis, which has been involved in the pilot program from the onset, is now raising money to buy more. The hospital currently operates five.

Along with Canada, Germany, Holland, and some American states, Israel has been a pioneer in accepting medical marijuana. With the Knesset action this week, Israel moves closer to setting up a regulated and expanded system. The Sheba hospital protocol is likewise on the cutting edge of medical marijuana acceptance by hospitals.

Earlier this month, notorious drug war cheerleader Sen. Charles Grassley (R-IA) provoked outrage by attempting to censor debate about drug policy reform in Congress. He proposed an amendment that would literally ban a congressionally appointed expert panel from discussing legalization or decriminalization as part of a broad evaluation of criminal justice policies.

It's just a transparently pathetic strategy of defending the drug war status quo by outlawing meaningful debate and keeping alternatives off the table. Fortunately, just about everyone saw right through it. Pete Guither points out that Grassley is so cornered, he's now begging his constituents in Iowa to back him up on this. And the harder he tries to defend it, the weaker it sounds:

First and foremost, Congress ought to tackle issues whenever possible before bucking them to commissions. Increasingly, Congress is using commissions to avoid doing what Americans elect members to do: ask tough questions, identify possible answers, debate policy solutions and take a stand. [Des Moines Register]

Yeah, who needs experts when we've got politicians to make all our decisions for us?

This commission also would cost $14 million. It's hard to justify that expenditure in the current fiscal situation, especially when it's work that Congress should be doing itself.

Wait, so you can justify spending $50 billion a year on the war on drugs, but we can't justify $14 million to evaluate whether it makes any sense?

Finally, I put forward an amendment to address the issue of decriminalization and legalization of any controlled substance. I filed this amendment in an effort to start a debate on this important issue.

Really, Chuck? Really? How exactly does banning discussion of something promote debate? Everything, from the language of Grassley's amendment to his rich history of ignorant pro-drug-war posturing, proves what a total lie that is. The very essence of this controversy is that he blatantly attempted to prevent experts from looking into the issues he doesn’t want to talk about. Clearly, Grassley greatly underestimated the growing public demand for a new dialogue about our drug policies and got burned by his own arrogance, to such an extent that he is now hilariously masquerading as the champion of that critical discussion.  

The obvious bottom line here is that Grassley is consumed by his fear about what the experts will say. That is just implicit in all of this. If he wasn't deeply afraid of their conclusions, he wouldn’t be introducing amendments telling them what conclusions not to reach.  

The commission hasn’t even been appointed yet, so the very notion that it will become a referendum on the urgent need for sweeping reforms to our drug policy is purely a product of his paranoid imagination (combined perhaps with a subconscious recognition that the drug war is a gaping suckhole and smart people aren't exactly in love with it anymore). If Congress had named an expert panel consisting of Ethan Nadelmann, Rob Kampia, Jacob Sullum, Paul Armentano, Micah Daigle, Norm Stamper, Pete Guither and Willie Nelson, then maybe Charles Grassley could be forgiven for tearing from D.C. to Des Moines on horseback, flailing a dinner bell over his head and screaming that the legalizers are coming.  

Until that happens, the drug war pep squad would be well advised to just pipe down for the time being, lest their suggestions that we not discuss certain things should lead to yet more discussion of the things they don’t want discussed.

The battle over the fate of drug war victim Cory Maye has been fought quietly in court for the last several months, but Radley Balko brings the long-awaited & exciting news that Maye has been granted a new trial.  

For those new to the case, Maye is a young, single father whose home in Prentiss, MS was raided by police in the middle of the night in late 2001. Unaware that the intruders were police and fearing for the safety of his infant daughter, Maye opened fire and killed an officer. As it turned out, the warrant was for the neighboring unit and Maye had nothing illegal, except marijuana ashes. Nevertheless, Maye was convicted of capital murder and sentenced to death. The case has become widely regarded as a classic example of how aggressive drug war police tactics can lead to terrible misunderstandings and injustices.

But it's also become an inspiring illustration of how bloggers and activists can effectively use the internet to fight for justice. Radley Balko's initial coverage of the case at his blog, The Agitator, ignited national interest in Maye's plight. The case drew the attention of an attorney at the prestigious law firm Covington & Burling, which offered to represent Maye pro bono. That changed everything. Maye's death sentence was challenged and overturned. Then, last week, it was announced that Maye will receive a new trial altogether, one in which he will enjoy superb representation and his best chance yet at securing his freedom once and for all.

It's an incredible story that we'll continue to follow as the new trial approaches. For more detailed background on the case, check out Radley Balko's award-winning 2007 report at Reason.

Update: Reason.tv has a good piece on Maye's case as well:

Mary Beth Buchanan, easily the nastiest federal prosecutor in the nation, has finally resigned her post. Yet, even as lovers of justice across the country celebrate her long-overdue departure (and pray she won't run for elected office), Buchanan has managed to turn our stomachs for what will hopefully be the last time:

On her last day in office, Buchanan says her only regret during her tenure was accepting a plea from Tommy Chong. [KDKA.com]

Such pure arrogance is really something to behold. Every legal textbook in the country should display her picture beside the term "malicious prosecution," as the railroading of Tommy Chong is a mere footnote within a career defined by gratuitous excesses.

Of course, Tommy was amused to hear that Buchanan still holds a grudge against him. The feeling is mutual:

"I'm honored to be Mary Beth's only regret. Now does she regret going after me? Or does she regret that I never got enough time? I tend to think she wishes she'd never heard my name. I have become her legacy. Mary Beth Loose Cannon is now looking for a job. She blew her last job busting me. Karma is so sweet! She's looking for a work while Cheech and I start our second multi-million dollar tour thanks to the publicity she created for us! Thank you Mary Beth - may you find peace and happiness in your search for your soul." [CelebStoner] 

I dunno, Tommy. You might wanna keep the floodlights on at night, just in case. If we know one thing about Mary Beth Buchanan, it’s that she never ever stops. She could be lurking in your bushes at this very moment, drunk with fury and looking to finish what she started.

Boy, O'Reilly really knows how to suck the humor out of a room:



This should never have been allowed to take place. Bill O'Reilly shouldn't be allowed anywhere these guys, or anyone else who's ever been remotely funny at any point in modern history.

And if anyone can think of a legal way to make O'Reilly stop saying things like this, please share:

O'REILLY: We found out that in San Francisco, which leads the league in marijuana clinics, medical marijuana clinics, a lot of hard-core drug addicts go in there, buy the pot and sell it to kids so they can buy their heroin and meth and everything else.

CHONG: Sell it to kids?

O'REILLY: Yes.

CHONG: Where did you get that information?

O'REILLY: We got it from our undercover people.

Yeah, right. This is one of those social problems that you'll only hear about on the O'Reilly Factor because it only exists in the twisted mind of Bill O'Reilly.

Unfortunately, the DEA isn’t the only drug war apparatus that's dragging its heels when it comes to acknowledging the American Medical Association's new position on medical marijuana. The drug czar's website still offers a document entitled "What Every American Should Know About Medical Marijuana," (PDF) which includes this passage:

Major public health organizations do not support smoking marijuana as medicine.

The National Multiple Sclerosis Society, the American Medical Association and the American Academy of Ophthalmology all oppose the smoked form of marijuana as medicine...

So, if the drug czar thinks "every American should know" about AMA's position on medical marijuana, will he now inform Americans that the position has changed? Somehow I doubt it, but at the very least, this now-false claim that AMA opposes medical marijuana should be removed immediately.

Let me be clear about this too, because I don’t want anyone thinking this is just some smug campaign to rub AMA's new position in the face of drug warriors all over the web. This document, "What Every American Should Know About Medical Marijuana," is a dreadful Bush-era hatefest that positively drips with outrageous & out-of-context propaganda points and should have been tossed from the site back in January, along with all the other rancid garbage John Walters left in the fridge at ONDCP.

This document even contains the unbelievable Steve Kubby smear, in which Kubby's statements about Marinol saving his life in prison were spun as opposition to medical marijuana (I highly recommend revisiting that one if you don’t remember it, because it's so much worse than I can even describe in one sentence). And this isn't some dusty artifact I dug up from the cavernous bowels of ONDCP.gov either, it is currently the #1 search result for "medical marijuana" on the drug czar's website.* 

So please join me in sending the drug czar a note asking that this outdated and offensive document be removed from his site once and for all. Whether it's because the reference to AMA is no longer accurate, or because the rest of the thing in its entirety is just a raging trainwreck of distortion and nastiness, or because the new administration has pledged to respect state medical marijuana laws instead of vilifying doctors and patients, this type of rhetoric has no place in the drug policy debate.

Please contact the drug czar today to ask that the document "What Every American Should Know About Medical Marijuana" be permanently removed from ONDCP.gov. Thanks.

*Update: Interestingly, the document is now much more difficult to find on the ONDCP website. Last night, it came up #1 in a search for "medical marijuana." Now I can only locate it by using more specific search terms. Hopefully, this signals that it's in the process of being removed, although the PDF is currently still being hosted by ONDCP.

Update 2: Our friends at LEAP have created an action alert where you can send a pre-written message to DEA & ONDCP requesting the necessary corrections.

Last week's big news that the American Medical Association reversed its position on medical marijuana struck a huge blow to the reefer madness crowd, which has heavily touted the esteemed organization's past position as a primary excuse for prohibiting medical use. Yesterday, the DEA finally revised its website after LEAP and MPP pointed out that AMA was still listed as an opponent of medical marijuana.

Rarely, if ever, has the DEA responded so quickly and cooperatively when activists complained about the accuracy of government anti-drug propaganda. But, the job isn't done just yet. It seems the clever folks at DEA took our complaints literally, and only fixed the page we mentioned, rather than making all the necessary corrections.

DEA's youth website, JustThinkTwice.com, still contains two separate inaccurate statements about AMA's position on medical marijuana:

http://www.justthinktwice.com/factfiction/MarijuanaisMedicine.cfm

"The American Medical Association has rejected pleas to endorse marijuana as medicine, and instead has urged that marijuana remain a prohibited, Schedule I drug, at least until more research is done."

http://www.justthinktwice.com/stumbleweed/rx_pot_01.htm

"The American Medical Association rejected marijuana as medicine."

Of course, it's quite likely that similar claims can still be found elsewhere on DEA websites and it's their responsibility to clean up the mess. Hopefully, DEA is more familiar with its own web content than we are, so it shouldn’t be too hard to go through there and set everything straight.

Let's all do our part to help DEA with the editing process by copying the links above and clicking here (then scroll down) to send them a reminder that more corrections are needed. When it comes to providing the public with accurate and up-to-date information about drugs, the DEA is in desperate need of our asistance, so please take a few moments to lend them a hand.

Update: Our friends at LEAP have created an action alert where you can send a pre-written message to DEA & ONDCP requesting the necessary corrections.

In June we highlighted a bus advertising campaign, "Nice People Take Drugs," conducted by the British drug reform advocacy group Release. Some of the nice people from Release attended the big drug policy conference in Albuquerque last week, and they were nice enough to give us one of their new "Nice People Take Drugs" decks of playing cards, featuring politicians from the US, UK and elsewhere and the quotes they've given about their past drug use. (Whether all of the featured politicians are nice people is a subjective question, of course.) The front of the cards feature the organization's web site and a toll-free helpline, hard to see in the picture (0845 4500 215 if you're in Britain and need the help).

Albuquerque's "British Invasion" also featured the Transform Drug Policy Foundation's new publication, After the War on Drugs: Blueprint for Regulation. Check Drug War Chronicle later this week for a conference report highlighting this and more.

Here's a sampling of the Release cards:

Last but not least, for now, a picture I snapped during the conference's closing plenary, former New Mexico Governor Gary Johnson delivering the keynote:

The wave of sanity rolls on:

In an opinion that could generate more revenue for cash-strapped governments and give additional legitimacy to a fledgling industry, Colorado Attorney General John Suthers said Monday that the state can collect sales tax on medical marijuana.

"Medical marijuana is tangible property that is generally subject to state sales tax," Suthers, a Republican, wrote in response to a query from Gov. Bill Ritter, a Democrat.

The opinion also said medical-marijuana dispensaries must obtain retail-sales licenses from the state to do business. [Denver Post]

It sucks that it took an economic crisis to advance the idea that it makes more sense to generate revenue from the marijuana economy than waste billions trying in vain to destroy it. Of course, we'd have gladly paid the government millions many years ago to stop arresting patients.

Stories like this one about the endemic drug war corruption gripping Mexican law enforcement are a dime a dozen. But I don't get bored reading them, because there's always a new and compelling example of what a mess all of this is:

Reporting from San Luis Potosi, Mexico -  The lie-detector team brought in by Mexico's top cop was supposed to help clean up the country's long-troubled police. There was just one problem: Most of its members themselves didn't pass, and a supervisor was rigging results to make sure others did. [LA Times]

Yeah, it's awfully hard to purge corruption when the people in charge of investigating it are corrupt themselves. It's insane to spend a billion dollars trying to fix Mexican law enforcement, when the cartels can just spend more to make sure it stays broken.

The Drug War Chronicle has written several times about the trials and tribulations of medical marijuana patient Will Foster, who is currently sitting in once again in an Oklahoma prison, jerked back from the new life he had made in California by a vindictive and corner-cutting Oklahoma parole bureaucracy.

But while Foster certainly appears to have been the victim of vengeful parole department employees, who charged him with ficticious parole violations--causing him to be locked up in a California jail for 16 months before being extradited back to Oklahoma--the parole board itself has done the right thing. In a hearing last week, the board rejected the charges against Foster and recommended he be released.

But there's one more step. Under Oklahoma law, the governor signs off on all parole board decisions. This is where you can help. There is still time to write or call the governor to encourage him to follow the parole system's recommendation and FREE WILL FOSTER. Please ask that Will be given time served and set free to return to his family in California.

Please call Gov. Brad Henry's office at 405-521-2342

Or fax a letter to 405-521-3353.

Make sure you identify Will as Will Foster, #25271. The argument is simple: Will Foster is a non-violent offender who has served enough time and plans to leave the state to settle in California. Keeping him in prison or on parole in Oklahoma serves neither justice nor public safety and is not worth Oklahoma taxpayers' money.

Read the link above to get informed before you call or write if you need to. Be polite and to the point. Will Foster, who never did anything to anybody, has been in the clutches of Oklahoma justice for 15 years for growing some plants to ease his pains. He's almost free. You can help open that prison door. Do it.

Washington Post has a light-hearted story, Boomers see views relaxing on marijuana, that looks at marijuana use among suburban adults in the D.C. area. The gist is that lots of yuppie-types have been having a blast for many years, but it just recently became ok to talk about it, thanks to the evolution of cultural attitudes about marijuana.

Obviously, it's awesome to see the media finally picking up on how normal and boring most marijuana users are. Replacing the old stereotypes is a necessary step towards reform, and few would argue that D.C.'s affluent suburbs need to be purged of professionals who puff in private. So this reaction from local law-enforcement is as predictable as it is revealing:

Most Washington area police departments enforce the laws that make marijuana illegal, officials said. A Montgomery County police spokesman would not comment other than to say that the department has seen no spike in marijuana use by older residents and is not targeting those users.

I suppose we can't let old white people become collateral damage in our crusade to arrest entire generations of young black and Hispanic men for smoking pot? Our laws against marijuana owe their origins to the most vicious and transparent racism, and today, the drug war delivers on its hateful promise in the form of gratuitous disparities at every stage of the criminal justice system.

How remarkable it is to find police literally admitting that their great war doesn't target the most privileged among us. I wonder, how freely did the words flow from the police spokesman's mouth as he unintentionally confirmed the vast disparity that defines and sustains the war on marijuana? It's powerfully ironic that, in an attempt to say as little as possible, the officer ended up epitomizing the pure injustice that has long characterized the enforcement of our marijuana laws.

For the many of you who weren't able to attend the International Drug Policy Reform Conference, here's Ethan Nadelmann's opening speech: