Roughly 200,000 US veterans are in prison or jail, many of them there because of substance abuse or mental health issues, according to a new report released Wednesday.

Senator Charles Grassley (R-IA), an inveterate drug warrior, doesn't want to hear the L-word in Washington.

For years, getting caught trying to smuggle drugs across the US-Mexican border meant being handed over to US authorities for prosecution.

Sen. Jim Webb (D-VA) has introduced legislation calling for a thorough evaluation of the U.S. criminal justice system, namely for the purpose of exploring ways to reduce our world-record prison population. As you might guess, simply discussing whether we should keep millions of American behind bars is enough to terrify the drug war's most committed champions.

They can’t handle the tough questions, so they're trying to make it illegal to even ask. Drug war hall-of-famer Sen. Charles Grassley (R-IA) today introduced an amendment to Webb's bill that would literally prohibit the commission from talking about legalization or even decriminalization:

AMENDMENT intended to be proposed by Mr. GRASSLEY
….
SEC. ll. RESTRICTIONS ON AUTHORITY.
The Commission shall have no authority to make findings related to current Federal, State, and local criminal justice policies and practices or reform recommendations that involve, support, or otherwise discuss the decriminalization of any offense under the Controlled Substances Act or the legalization of any controlled substance listed under the Controlled Substances Act.

These words are a legal blueprint for silencing all criticism of the war on drugs before the experts even get a chance to discuss it. The whole thing flagrantly violates the spirit of the entire inquiry and renders meaningless everything Webb is trying to do. And yes, that's exactly the point.

No one has done more than Charles Grassley to make the drug war into the horrible mess that it's become, so you can bet he'll do anything to protect his shameful legacy. If he succeeds, the bill will almost certainly end up protecting bad policies instead of exposing them. We can’t let that happen. Click here to tell your Senators to oppose this misguided amendment and let the experts do their job without political interference.

A serious evaluation of criminal justice and drug policies is long overdue and that effort means nothing unless all options are debated openly.

by Bernd Debussman Jr.

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 -- the body count passing 6,000 for 2009 so far this month. 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:

Saturday, October 24

A high ranking federal police official was assassinated in Chihuahua. Jose Alfredo Silly Pena was a naval captain who served as a federal police intelligence official. He, along with three other men, had been kidnapped by heavily armed men some hours earlier. Additionally, 23 people were killed in violence in Chihuahua during a 48-hour period. 18 of these murders occurred in Ciudad Juárez. In Guerrero, four bodies were found in a hidden pit just meters from where seven bodies had been found last Tuesday. In other parts of Mexico, an unidentified gunman was killed by the army near Tlapehuala, and two more were killed and six captured after battling soldiers near Tamaulipas. The day before, four people, including two police officers, were killed after a firefight in Hidalgo; two people were killed in Michoacán, and three each in Durango, Coahuila, and Oaxaca.

Sunday, October 25

In Torreon, Coahuila, gunmen ambushed the convoy of the municipal public safety director. The official survived, but a nearby civilian was killed in the ensuing firefight. In another part of Torreon, a gun battle left two other people dead, one of whom was apparently homeless. Fifteen people were killed in Chihuahua, 14 of whom were killed in Ciudad Juárez. One of the dead was head of the police anti-theft unit, who was gunned down in a restaurant as he ate. At least three killings occurred in Sinaloa, and two women were kidnapped after being snatched from their car on the highway. At least three people were killed in Sonora, including a lawyer and a reputed gang leader.

The AP reported that dozens of ICE officials have been investigated for their handling of informants. Allegations include that ICE steered investigators away from a man who has since been charged with the El Paso murder of Jose Daniel Gonzalez Galeana. Galeana was a Juárez cartel manager and ICE informant. Additionally, ICE officials are being accused of allowing a man -- described as a "homicidal maniac" by the DEA -- to continue to be an informant even after having supervised the killing of a Juárez cartel associate.

Tuesday , October 27

In Puebla, four police officers were killed and a fifth wounded after being shot by gunmen. The officers were performing a traffic stop of a suspicious vehicle when another truck pulled up from which several heavily armed gunmen emerged and opened fire in an apparent attempt to "rescue" the passengers of the first vehicle.

In Nayarit, four men have been arrested in the videotaped and widely publicized torture of five teenagers. It appears the five boys had attempted to rob a house when they were captured by heavily armed vigilantes. In addition to being beaten and threatened with weapons, the boys were forced to kiss each other. The boys were later dumped naked on a street. There has been increased activity in recent months by vigilante groups thought to be linked to drug traffickers or members of the police.

Wednesday , October 28

Mexican soldiers have discovered an enormous, partially completed tunnel which ends just across the border from Otay Mesa, California. The tunnel, which was incomplete, came complete with electricity and an air supply system. Journalists in Tijuana were invited to tour the site, which is the latest of many similar discoveries in recent years.

Mexican police have arrested a man suspected of being La Familia's operations chief for the state of Michoacán. The man, Abel Valadez Oribe, 32, was on his way to a cockfight when he was detained by police after being tipped off by informants. Oribe, also known as "El Clinton," is also suspected of ordering multiple murders, including that of the mayor of Ixtapan de la Sal. His arrest comes a week after 303 suspected members of La Familia were arrested across the United States. In another part of Michoacán, the dismembered remains of an unidentified man were found by the roadside near Uruapan. Uruapan was the site of one of the most publicized incidents of the Mexican drug war in 2006, when gunmen threw five severed heads onto a dance floor in a local nightclub.

Total body count for the week: 157
Total body count for the year: 6,175

Three DEA agents and seven US soldiers were killed Monday when their helicopter crashed as they were returning from a firefight with suspected drug traffickers in western Afghanistan.

US Rep.

Dear friends:

We are excited to announce new legislation in Congress that would protect many medical marijuana patients and providers from federal prosecution.

One in four Americans now lives in a state with laws governing medical marijuana.  Unfortunately, law-abiding citizens can still be prosecuted on federal marijuana-related charges.

Today, Congressman Sam Farr introduced the "Truth in Trials" Act, H.R. 3939.  This bill would enable law-abiding citizens facing federal marijuana related charges to introduce evidence at trial showing that they were in compliance with state law.

"Truth in Trials" needs a lot of support in the U.S. House of Representatives if it is to succeed.

Please e-mail your member of Congress right now.  Ask him or her to cosponsor this important legislation.

Click here:  http://www.americansforsafeaccess.org/house

Thanks!

Sanjeev Bery
National Field Director
Americans for Safe Access

Americans for Safe Access

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In a new federal medical marijuana policy memo issued Monday to the DEA, FBI, and US Attorneys around the country, the Justice Depart

Dear friends:

Following the enormous victory for medical marijuana patients and their caregivers on Monday, a strong MPP champion on Capitol Hill, Congressman Sam Farr (D-Calif.), plans to introduce an important bill in Congress next week.

While the new Department of Justice policy creates a de facto protection for patients and caregivers who are "in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana," the Farr bill — which MPP staff helped write years ago — will codify this protection in law.

It will also address another injustice:  Currently, medical marijuana patients in the 13 states where medical marijuana is legal are barred from telling federal jurors that their use of marijuana was for medical purposes, even when state laws explicitly permit medical use. Congressman Farr's Truth in Trials Act would guarantee defendants in federal medical marijuana cases the right to explain that their marijuana was for medical use. And more importantly, defendants could be found not guilty if the jury finds that they followed state medical marijuana laws.
 
Will you please urge your member of Congress to co-sponsor this legislation? MPP's online action system makes it easy: Just enter your contact information and we'll do the rest.

This is such an exciting time for our issue. Thank you for standing with us in the fight.

Sincerely,

Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.

P.S. As I've mentioned in previous alerts, a major philanthropist has committed to match the first $2.35 million that MPP can raise from the rest of the planet in 2009. This means that your donation today will be doubled.

FOR IMMEDIATE RELEASE: October 20, 2009
CONTACT: Ken Wolski at (609) 394-2137

DOJ Memo: Hands off medical marijuana users

WHO: Attorney General Eric Holder
WHAT: Announced formal guidelines for federal prosecutors in states that have enacted laws authorizing the use of marijuana for medical purposes
WHEN: October 19, 2009
WHERE: Washington, D.C.
WHY: For clarification and guidance to federal prosecutors in medical marijuana states.

For the first time federal authorities have been instructed not to arrest or prosecute medical marijuana patients or caregivers in the 13 states with legalized access.

In a major reversal from Bush Administration policy, the Department of Justice issued a memo today to prosecutors that stated: “As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources.”

Full text of the memo is available on the Department of Justice Blog:
http://blogs.usdoj.gov/blog/archives/192

CMMNJ welcomes this announcement from federal authorities recognizing the medical benefits of marijuana and upholding the rights of Americans to safely use marijuana under a doctor’s supervision. With New Jersey in the final legislative phase for The Compassionate Use Medical Marijuana Act A804/S119 this memo may serve to alleviate any outstanding concern of federal interference with our proposed state law.

While the DOJ memo puts in writing statements made by Attorney General Eric Holder in March, it does not change federal law in any way. The memo is targeted to federal prosecutors in the states that have passed ballot initiatives or legislation allowing safe medical marijuana access. It urges them to use their discretion and allocate their resources appropriately, taking into consideration an individual’s full compliance with their state law. The memo was copied to all United States Attorneys, as well as administrators in the DEA and the FBI.

Current legislation:

The New Jersey Compassionate Use Medical Marijuana Act A804/S119 has passed the Assembly and Senate Health committees and a Senate floor vote. The issue has received favorable editorials from most newspapers in the state. Now it must see an Assembly floor vote and may require an additional concurrence vote in the Senate. Recent polls show between 70% - 86% of New Jerseyans favor medical marijuana access. There is certainty bi-partisan political support for the bill, but passage this year remains far from assured. New Jersey would become the 14th state in the nation to legalize medical marijuana if it passes this legislation into law in the near future.

More information at www.cmmnj.org

CMMNJ, a 501(c)(3) public charity, is a non-profit organization whose mission is to educate the public about the benefits of safe and legal access to medical marijuana. For more info, contact:

Ken Wolski, RN, MPA,
Executive Director, Coalition for Medical Marijuana--New Jersey, Inc. www.cmmnj.org
844 Spruce St., Trenton, NJ 08648
609.394.2137 ohamkrw@aol.com
media@cmmnj.org

Dear friends:

Ready for some great news?

The Obama administration is directing federal prosecutors not to arrest medical marijuana patients and caregivers who are complying with state laws.

On Monday, federal prosecutors, as well as top officials at the FBI and DEA, will reportedly be told that it isn’t a good use of their time to arrest people who use or provide medical marijuana, if they are complying with state law.

This is the most significant, positive policy development on the federal level for medical marijuana since 1978.
Under the Bush administration, the feds had continued to raid, arrest, and otherwise terrorize medical marijuana and their caregivers in the 13 states that have passed medical marijuana laws. This new policy is a major change.

MPP was instrumental in obtaining a promise from President Obama during the presidential campaign that, if elected, he would halt these arrests. MPP was the only reform organization to testify on Capitol Hill urging the issuance of the guidelines and, later, was the only group to work with leaders in Congress to get a House committee to urge the administration to adopt the written guidelines. Our lobbyists have also been in contact with top officials at the Justice Department about the guidelines.

We're thrilled to see this promise come to fruition, and I hope you’ll join me in celebrating this news -- some of the best we’ve had for medical marijuana patients in years.

Thank you for helping to make this momentous change happen. And if you’d like to help keep pushing, please:

1. Use MPP's easy online action center to tell your members of Congress that you support this new policy.
2. Donate to MPP’s federal lobbying work here.

Sincerely,

Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.

P.S. As I've mentioned in previous alerts, a major philanthropist has committed to match the first $2.35 million that MPP can raise from the rest of the planet in 2009. This means that your donation today will be doubled.

Editor's Note: We wanted to get this important story posted today, but we will develop it further for the Drug War Chronicle on Friday.

In a new federal medical marijuana policy memo issued this morning to the DEA, FBI, and US Attorneys around the country, the Justice Department told prosecutors that medical marijuana patients and providers in states where it is legal should not be targeted for federal prosecution. The memo formalizes statements made by Attorney General Eric Holder in February and March that going after pot-smoking patients and their suppliers would not be a high Justice Department priority.

The memo marks a sharp break with federal policy under the Clinton and Bush administrations, both of which aggressively targeted medical marijuana operations, especially in California, the state that has the broadest law and the highest number of medical marijuana patients.

The announcement of the policy shift won kudos from the marijuana and broader drug reform movement. But some reformers questioned what the shift would actually mean on the ground, pointing to DEA raids and federal prosecutions that have occurred since Holder's signal this spring that the feds were to back off, as well as continuing controversies, especially in California, over what exactly is legal under state law. Others noted that for real protection to be in place, federal law—not just prosecutorial policy—needs to change.

In the memo, federal prosecutors were told that going after people who use or provide medical marijuana in accordance with state law was not the best use of their time or resources. According to the memo, while the Justice Department continues to make enforcing federal drug laws a key mission:

"As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources."

But the memo also said that federal prosecutors should continue to target marijuana production or sales operations that are illicit but hiding behind state medical marijuana laws. It explicitly singled out cases involving which involve violence, the illegal use of firearms, selling pot to minors, money laundering or involvement in other crimes.

"It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, but we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal," said Attorney General Holder.

"This is a huge victory for medical marijuana patients," said Steph Sherer, executive director of Americans for Safe Access, the nationwide medical marijuana advocacy organization, which had been in negotiations with the Justice Department to get written guidelines issued. "This indicates that President Obama intends to keep his promise not to undermine state medical marijuana laws and represents a significant departure from the policies of the Bush Administration," continued Sherer. "We will continue to work with President Obama, the Justice Department, and the US Congress to establish a comprehensive national policy, but it's good to know that in the meantime states can implement medical marijuana laws without interference from the federal government."

"This is the most significant, positive policy development on the federal level for medical marijuana since 1978," said the Marijuana Policy Project in a message to its list members today.

"It's great to see the Obama administration making good on the promises that candidate Obama made last year. These new guidelines effectively open the door to sensible collaboration between state governments and medical marijuana providers in ensuring that patients have safe and reliable access to their medicine," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "What remains unclear is how the Justice Department will respond to rogue state attorneys, such as San Diego's Bonnie Dumanis, who persist in undermining state medical marijuana laws in their local jurisdictions. Now is the right time for the Obama administration to move forward with federal legislation to end the irrational prohibition of medical marijuana under federal law."

While the policy memo was "encouraging," the "proof will be in the pudding," said California NORML head Dale Gieringer, who also cited the recent raids in San Diego, as well as the August federal indictment of two Lake County medical marijuana providers. "Note that the new Obama policy has a glaring loophole, emphasizing that 'prosecutors have wide discretion in choosing which cases to pursue, and ... it is not a good use of federal manpower to prosecute those who are without a doubt in compliance with state law,'" Gieringer said. "The salient question is, who decides what is 'without a doubt' in compliance with state law? As shown by the recent statements of LA's DA and City Attorney, there exist significant doubts about the legality of most dispensaries in California. It remains to be seen how far the administration's new policy guidelines will go to prevent further abuses, when what is really needed is fundamental reform of federal laws and regulations."

And so opens the next chapter in America's long, twisted path to the acceptance of medical marijuana.

Carrie Johnson at the Washington Post has written a nice story on the Durbin bill to reduce federal crack cocaine penalties to the level of powder cocaine penalties. It quotes my colleagues Jasmine Tyler of Drug Policy Alliance (known inside the Beltway as "Jazz") and Julie Stewart of Families Against Mandatory Minimums (FAMM), the sentencing reform group that has led the fight to end mandatory minimums since the early '90s.

I have a minor nitpick with the article, which is that it presents the issue as having civil rights and justice reform advocates and some politicos on one side, with law enforcement on the other, quoting a spokesperson for the Fraternal Order of Police saying that in the past their members have favored raising powder cocaine penalties instead. While the article doesn't say that all law enforcement is against reducing the penalties, it does fail to mention that there is also law enforcement support for lowering penalties. The press release from Sen. Durbin announcing the bill cites Los Angeles police chief William Bratton, Miami police chief John Timoney, and the National Black Police Association.

I also have to comment on some of the comments I saw by Post readers. Most of the commenters were in support of reducing penalties as the bill does. But a few characterized it as "stupid," saying it would allow people to go on selling crack in inner city black communities, and thereby hurting those communities. As usual, it's the people throwing around words like "stupid" who've done the least thinking about the issue. If they had in fact stopped to think, they would realize that: 1) possession sentences are getting adjusted by this bill, helping people now going to prison for years for just for possessing tiny quantities of crack; and that: (2) incarcerating a drug dealer just creates a job opportunity for another dealer. Often the new would-be dealers fight it out over the old dealer's turf, hurting the community much much more.

A post at the LEAP blog points out that John Walters has been conspicuously quiet recently. After beginning his new position as executive vice president at the Hudson Institute in January, Walters was producing pro-drug war editorials on a monthly basis, but we haven't seen anything from him since spring.

LEAP speculates:

Perhaps, toward the end of 2008, Hudson thought it a brilliant notion to bring on Walters to spearhead prohibitionist drug policy thought leadership for the conservative apparatus.

But after witnessing the amazingly anti-prohibitionist shift that the public discourse on drug policy has taken throughout 2009, it seems that Hudson and the larger conservative establishment -- or anyone, for that matter -- just don't have all that much use for what John Walters has to say right about now.

I'd love to think that Hudson told him to stop, or better yet, that he's been writing feverishly this whole time and newspapers just won’t print him anymore. Still, my first guess is that it's just a coincidence and Walters will resurface any day now to once again stink up the drug policy debate with his familiar brand of unhinged prohibitionist propaganda.

And you know what? I hope he does. John Walters's tenure as drug czar ushered in an unprecedented period of progress for the reform movement, as he traveled the nation alienating the media and terrifying small children. I swear, every time he opens his mouth, thousands of new people start questioning the validity of his beliefs. So please John, don't leave us now. Things are just starting to get interesting.

Fresh from the Hemp Industries Association (HIA) annual convention last weekend in Washington, DC, a pair of real life farmers who want to be hemp

Sen. Richard Durbin (D-IL) Thursday introduced the Fair Sentencing Act of 2009, which would eliminate the 100:1 sentencing disparity in federal crack and powder cocaine cases.

Update: There's video footage from C-Span2 of a Tuesday Congressional briefing on this issue by the Crack the Disparity coalition, online here. First speaker, Chief of NAACP DC Bureau Hilary Shelton.

In July we reported that a bill in the House of Representatives, the Fairness in Cocaine Sentencing Act Fair Sentencing Act of 2009, had passed the full Judiciary Committee. Today Sen. Dick Durbin (D-IL) introduced a Senate version of the bill. There's no bill number yet, but we'll post back with it when available. Click here to read the Durbin office's press release.

The Fairness in Cocaine Sentencing Act Fair Sentencing Act would increase the quantities of crack cocaine that are needed to trigger certain mandatory minimum sentences. Currently one can receive a five-year mandatory minimum prison term for possession of just five grams of crack cocaine, vs. 500 grams of powder cocaine needed for the same sentence, for example. Passage of the Act will mean that it would take 500 grams of crack to trigger the mandatory.

In addition to Durbin, seven other Judiciary Committee members are original cosponsors: Judiciary Committee Chairman Pat Leahy (D-VT), Judiciary Committee Members Arlen Specter (D-PA), Feingold (D-WI), Cardin (D-MD), Whitehouse (D-RI), Kaufman (D-DE) and Franken (D-MN). Two other senators, John Kerry (D-MA) and Chris Dodd (D-CT) are also original cosponsors. While these are all Democrats, some conservative Republican senators had indicated they were likely to or were considering also supporting it. We'll see what happens.

We were one of many organizations signing a letter to the Hill supporting this reform. Groups cited in the press release as supporting the bill include the American Bar Association, the Leadership Conference on Civil Rights, the National Black Police Association, and the United Methodist Church. The release also cites as supporters LA and Miami police chiefs Bill Bratton and John Timoney, and US Attorney General Eric Holder.

All of these sentences should be repealed, of course, but in the meanwhile the Fairness in Cocaine Sentencing Act Fair Sentencing Act will help a lot of people to avoid some terribly long prison terms. Crack sentencing has been an injustice since the laws were passed in the mid-'80s, and a political issue since at least the early '90s when I started tuning in, so it's taken awhile to get to this point. It is looking pretty good for this to finally happen, but we can't take anything for granted. Look for an action alert sometime next week after there's a bill number.