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Press Release: Obama Names Seattle Police Chief Gil Kerlikowske As New 'Drug Czar'

FOR IMMEDIATE RELEASE: March 11, 2009 CONTACT: Tom Angell at 202-557-4979 or media@leap.cc Obama Names Seattle Police Chief Gil Kerlikowske As New 'Drug Czar' Statement From Drug-Legalizing Retired Seattle Chief Norm Stamper WASHINGTON, March 11 -- Vice President Joe Biden announced the Obama administration's nomination of Seattle Police Chief Gil Kerlikowske today as the nation's next "drug czar," formally known as director of the White House Office of National Drug Control Policy. Kerlikowske's immediate predecessor as Seattle's top cop, Norm Stamper, who is a member of Law Enforcement Against Prohibition (LEAP), a large and growing group of cops, judges and prosecutors who want to legalize all drugs, released the following statement: "There's hope. Gil Kerlikowske is a professional cop. While he didn't favor certain drug policy reforms as Seattle's police chief (marijuana as lowest enforcement priority, for example), he didn't fight them. I know some law enforcement officials who've thumbed their noses at similar voter initiatives. Gil's a strong supporter of drug treatment." "These are promising signs." "Also worth noting are the personal struggles Kerlikowske has undergone with substance abuse in his own family. Hopefully his stepson's drug arrests have helped him to realize that making drugs illegal does nothing to solve substance abuse problems, and usually only makes them worse." "The open question is whether he'll entertain fundamental reform. It starts at the top. If the president and vice president signal a commitment to science, and to an honest conversation about the prohibition/drug war model, I think Gil will step up and lead the effort. Right now, that's a big if." Stamper recently posted commentary on the Kerlikowske nomination on the Huffington Post: http://www.huffingtonpost.com/norm-stamper/obamas-new-drug-czar-coul_b_1... Law Enforcement Against Prohibition (LEAP) is a 10,000-member organization representing police, prosecutors, judges, FBI/DEA agents and others from around the world who fought on the front lines of the "war on drugs" and who learned firsthand that making drugs illegal only serves to make drug addiction and drug market violence problems worse. LEAP's website is at http://www.CopsSayLegalizeDrugs.com NOTE TO EDITORS: Norm Stamper is available for interviews. Please contact Tom Angell at media@leap.cc or 202-557-4979 for more information. # # #

Press Release: Obama to Nominate Seattle Police Chief as Drug Czar

For Immediate Release: March 11, 2009 Contact: Tony Newman at (646) 335-5384 or Ethan Nadelmann at (646) 335-2240 Obama to Nominate Seattle Police Chief Gil Kerlikowske as Drug Czar Today Statement from Ethan Nadelmann of the Drug Policy Alliance President Obama is set to nominate Seattle Police Chief Gil Kerlikowske as Director of the Office of National Drug Control Policy (ONDCP) today, according to the Washington Post. The director of ONDCP is more commonly referred to as Drug Czar. The Post is also reporting that the Obama administration will remove the position’s Cabinet-level status – overturning an elevation of the office under President George W. Bush. The Seattle Times, ABC News and other sources reported a month ago that President Obama was considering Kerlikowske for the post. The Washington Post reports that appointing him was delayed as information of drug arrests involving his stepson emerged. Ethan Nadelmann, executive director of the Drug Policy Alliance, a leading advocate of alternatives to the war on drugs, said: “While we’re disappointed that President Obama has nominated a police chief instead of a major public health advocate as drug czar, we’re cautiously optimistic that Seattle Police Chief Gil Kerlikowske will support Obama’s drug policy reform agenda. What gives us hope is the fact that Seattle has been at the cutting edge of harm reduction and other drug policy reform developments in the United States over the last decade. The city’s needle exchange programs are well established and harm reduction is well integrated in Seattle’s approach to local drug problems. Marijuana has been legal for medical purposes for a decade. In 2003, Seattle voters passed a ballot initiative making marijuana arrests the lowest law enforcement priority. And the King County Bar Association has demonstrated national leadership in exploring alternatives to current prohibitionist policies. While Gil Kerlikowske has not spoken out in favor of any of these reforms, he is clearly familiar with them and has not been a forceful opponent. Given the high regard in which he is held by other police chiefs around the country, Mr. Kerlikowske has the potential to provide much needed national leadership in implementing the commitments that Barack Obama made during the campaign. He also surely recognizes that substance abuse or run-ins with the law can touch anyone, including his own family. He will hopefully advocate for treatment instead of incarceration for nonviolent drug law offenders. Incarcerating someone because they have a drug problem is cruel and counterproductive, whether that person is a member of your own family or someone else. As a presidential candidate, Senator Obama said the ‘war on drugs is an utter failure’ and that he believes in ‘shifting the paradigm, shifting the model, so that we focus more on a public health approach.’ He also called for eliminating the crack/powder cocaine sentencing disparity, repealing the ban on federal funding for syringe exchange programs to reduce HIV/AIDS, and stopping the U.S. Justice Department from undermining state medical marijuana laws. Within 24 hours of taking office, President Obama had the White House webpage changed to reflect his support for eliminating the crack/powder disparity and repealing the syringe ban. Attorney General Eric Holder said at a press conference on February 25th that Obama’s position on ending medical raids is “now American policy.” The Drug Policy Alliance will do everything in its power to ensure that the nominee for drug czar is thoroughly vetted at the confirmation hearings, and held accountable to the commitments and standards that President Obama has declared.”

Feature: Citing Startling Research on False Positive Drug Tests, Researchers Call for Moratorium on Field Drug Test Kit Testing

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from left: Ron Obadia, Nadine Artemis, John Kelly, Adam Eidinger, Rob Kampia, Omar Bagasra
The National Press Club in Washington, DC took on the aspect of a chemistry lab for a short while Tuesday afternoon as scientists and researchers sponsored by the Marijuana Policy Project gave a startling demonstration of false positive drug test results obtained using some of the most widely used field testing kits employed by law enforcement to detect the presence of marijuana and other drugs.

As a lab-coated and rubber glove wearing researcher from the South Carolina Center for Biotechnology dumped a sample of oregano into a field test kit, Mintwood Media's Adam Eidinger produced a positive test result for cocaine with another kit simply by exposing it to the atmosphere. "This is just air," Eidinger said, opening up a test and waving it as the reagent turned orange, indicating a positive result. (See the YouTube video here.)

The testing done at the press conference replicated that done earlier by the researchers, who found that a surprisingly large number of common substances generated false positive results for the presence of drugs. "While testing the specificity of the KN Reagent test kits with 42 non-marijuana substances, I observed that 70% of these tests rendered a false positive," said Dr. Omar Bagasra, director of the Center for Biotechnology, who conducted the experiments.

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field test generating false positive from mere air
""That's just outrageous," exclaimed Eidinger.

That research came as part of new report, False Positives Equal False Justice, by forensics expert John Kelly in collaboration with former FBI chief scientist and narcotics officer Dr. Frederick Whitehurst. In the report, the pair uncovered "a drug testing regime of fraudulent forensics used by police, prosecutors, and judges which abrogates every American's constitutional rights," as Kelly wrote in the executive summary.

"Law enforcement officials, forensic drug analysts, and prosecutors knowingly employ the flawed Duquenois-Levine and KN Reagent tests as well as mere conclusory police reports to wrongfully prosecute and convict millions of individuals for anti-marijuana law violations," Kelly wrote. "These wrongful prosecutions and convictions violate Supreme Court rulings which prohibit the use of inaccurate, nonspecific tests and/or conclusory reports because they do not prove the presence of marijuana in a seized substance. In other words, millions of people have been, and continue to be, prosecuted and convicted of marijuana charges without proof that they possessed marijuana."

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Dr. Bagasra testing the field test on chocolate
Both Kelly and MPP executive director Rob Kampia used the report's findings to call for a moratorium on the use of field drug testing kits. "It is imperative that law enforcement agencies take notice and voluntarily end the use of these flawed drug tests. The essential need of protecting the innocent must outweigh the convenience of a field drug test that only gives accurate information some of the time," wrote Kelly.

"In terms of policy recommendations, it's real simple, no one should be using these faulty field tests, they should be thrown out and the company that's making them should probably be put out of business," Kampia told the press conference. "Natural soap, chocolate and newspaper, among other household items, all will test positive for marijuana and other drugs such as GHB, yet these kits continue to be used in both arrests and prosecutions nationwide. In our society we have the principle that you are supposed to be innocent until proven guilty. These tests turn that on its head."

ODV, a subsidiary of Forensic Source, manufactures the NIK Narco Pouch 908 and 909 tested by the researchers. The company did not respond to requests for comment by day's end on Thursday. The tests' packaging warns that they can produce false positives, but does not mention that most of their positives are false.

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common items that generate false positives (Katie Schuler, bellvisuals.com)
False positive field drug tests can ruin your day. Ask Don Bolles, drummer for the punk band The Germs. He was arrested and jailed for three days in April 2007 because a field test said the Dr. Bronner's Magic Soap he had with him tested positive for GHB. That field test was done with the NarcoPouch 928, another in the ODV line. Later testing revealed the 928 would generate false positives with a wide variety of natural soaps, as well as soy milk.

Bryn Mawr honor student Janet Lee was another victim of inaccurate field drug test kits. As she prepared to fly home for Christmas break in 2003, she was arrested at the Philadelphia airport after three condoms filled with flour (she said she squeezed them for stress relief) came up as cocaine on a cobalt thiocyanate (C-T) field test. She spent three weeks in jail facing charges that could net her 20 years in prison before an attorney demanded the drug be retested. Lee collected $180,000 from the city two years later to settle a lawsuit, but still suffered the Kafkaesque nightmare of being jailed.

Lee was lucky. A jail guard recognized her as a volunteer and beat the bushes for a good attorney. It is unknown how many others like her there are who, lacking such resources, either were found guilty or plea bargained to crimes of which they were innocent because of deceptive field drug tests.

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the fraudulent field test packets
Another widely publicized incident of bad field drug tests occurred in August, when Ron Obadia and Nadine Artemis were arrested, handcuffed to a chair, and interrogated for hours at the Toronto Airport after their raw chocolate tested positive for hashish with the Duquenois-Levine color chemical test. They were placed in separate rooms and were told that they faced "life in prison" unless they confessed. Each of them was also told that the other already had confessed.

Later lab testing proved it was indeed chocolate, not hash, and the pair were sent on their way. They also accumulated a $20,000 legal bill. To add insult to injury, when the couple tried again to fly to the US three weeks later with their raw chocolate, it again tested positive on the field test kit. This time, Obadia was arrested and charged with hash possession.

Search and Seizure: EFF, ACLU Ask Federal Appeals Court to Reject Warrantless GPS Tracking

Two leading civil liberties groups, the Electronic Frontier Foundation (EFF) and the American Civil Liberties Union, have intervened in a pending case in federal appeals court in Washington, DC. The two groups have filed an amicus brief urging the court to reject as unconstitutional the surreptitious placement, without a search warrant, of Global Positioning Service (GPS) devices by law enforcement on vehicles belonging to suspected criminals. Doing so without a warrant based on probable cause violates the Fourth Amendment's guarantees against unreasonable searches and seizures, the groups argued.

The brief was filed in US v. Jones, in which Lawrence Maynard and Antoine Jones were investigated by police for supposed cocaine trafficking. During the investigation, police placed a GPS device in Jones' vehicle, as well as surveilling the pair and targeting them with informants. They were ultimately arrested, and authorities seized 200 pounds of cocaine, a pound of crack cocaine, and $850,000 cash. Jones appealed, arguing that placement of a GPS device on his vehicle without a warrant violated his Fourth Amendment rights.

"The Supreme Court has recognized that a Fourth Amendment search may occur through the use of advanced technology to reveal detailed and personal information about individuals," the joint brief said. "These characteristics apply to GPS tracking, and a warrant should therefore be required for its unconsented use. Such a ruling also comports with the public's rejection of 'Big Brother' police surveillance, and with the empirical evidence that Americans have a strong expectation of privacy that their every movement by automobile or foot will not remotely be tracked or recorded by private parties or law enforcement."

The EFF and ACLU noted that the federal courts have previously placed limits on the use of new technologies to obtain information without a warrant. The US Supreme Court, for example, barred the use of thermal imaging of a person's home without a warrant.

The groups also argued that warrantless GPS tracking could undermine First Amendment rights to associate privately with others by allowing the government to track their whereabouts without their knowledge. "GPS tracking can reveal whether a person visits a Planned Parenthood clinic, patronizes a gay bar, or attends a meeting of an unpopular political organization," the brief states.

The groups also warned that GPS devices are growing more sophisticated and more versatile. Some GPS devices now work indoors, while others take the form of darts that can be fired at fleeing vehicles. "In sum, warrantless, remote GPS tracking trespasses on individuals' reasonable expectation not to be tracked electronically, twenty-four hours a day, for extensive periods of time," the brief concluded.

Latin America: Mexican Troops Occupy Ciudad Juárez, US Officials Urge Greater Cooperation in Fight Against Cartels

As of Wednesday, some 1,500 Mexican soldiers had been deployed to Ciudad Juárez, the epicenter of the prohibition-related violence wracking the country. An additional 5,000 troops should join them by the weekend.

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Mexican military anti-drug patrol
Ciudad Juárez, across the Rio Grande River from El Paso, was the scene of more than 1,600 drug war killings last year, and another 400 have been killed in fighting among competing drug trafficking organizations and between the cartels and the Mexican military and law enforcement so far this year.

The security situation in Ciudad Juárez has grown so grave that the mayor and his family have relocated across the border to El Paso after being threatened with decapitation. The city's police chief resigned last week after traffickers threatened to kill a policeman every 48 hours until he did. At first, the police chief stood firm, but resigned after traffickers killed a policeman and a prison guard. At mid-week this week, a bloody riot broke out between rival drug gang factions in a prison on the south edge of the city, leaving some 20 dead.

"Ciudad Juárez worries us deeply," Mexican Attorney General Eduardo Medina Mora said in an interview with Reuters. "It is the reason why there is a response by the federal government to support the request of local authorities. Public safety is a shared responsibility among the federal, state governments and municipalities. In areas where drug traffickers have a lot of influence, sadly there is a risk that they will have an interest in influencing the formation of public power, particularly the local authority. This is something that concerns us."

Since Mexican President Felipe Calderón called out the armed forces to go after the country's wealthy, powerful, and violent cartels in December 2006, around 9,000 people have been killed in prohibition-related violence. Thousands have been arrested and tons of drugs seized, but both the illicit drug trade and the violence show no signs of letting up.

That is making US officials increasingly nervous. Congress last year passed a three-year $1.4 billion anti-drug assistance package for Mexico and Central America, and Admiral Mike Mullen, head of the US Joint Chiefs of Staff was headed for Mexico late this week to offer further assistance to Calderón.

"Clearly one of the things he expects to talk to his counterparts in Mexico and other officials about is the growing violence and growing threat with regard to narco-trafficking and the drug cartels," Captain John Kirby, spokesman for Mullen, told Agence France-Presse. "We would welcome the opportunity to increase and enhance our military-to-military cooperation," Kirby said. "There's clearly room to do more."

Mullen wasn't the only high US official to express concern about the situation in Mexico this week. "The cartels are retaliating," Defense Secretary Robert Gates told NBC on Sunday. "It clearly is a serious problem."

But Gates added that the crisis has caused Mexico to drop its traditional arm's-length approach to the US military. "I think we are beginning to be in a position to help the Mexicans more than we have in the past," Gates said. "Some of the old biases against cooperation between our militaries and so on, I think, are being satisfied."

If Obama Supports Medical Marijuana, What About Hemp?

On the heels of Obama's hugely popular decision to end the DEA's raids on medical marijuana providers, it's worth looking into some of the other absurd federal drug policies that interfere with states rights and common sense.

Hemp cultivation isn’t technically illegal in the U.S., but you need a special permit from the DEA, and if you ask for one they'll call you a hippie and tell you to go f@#k yourself.  Seriously, try it. I applied last year and this is the response I got:

Dear Mr. Morgan,

We have finished processing your application to "grow hemp so I can make cool snacks and rope and stuff." We regret to inform you that you are a hippie and you can go screw yourself.

Yours cruelly,

Michele Leonhart,
Acting Administrator
Drug Enforcement Administration

P.S. Your blog sucks and if you put this letter in your blog, we'll burn down the Chipotle next to your office.

That about sums it up. Honestly, I don’t even get why this is an issue. Hemp isn’t drugs. Why DEA gives a damn if people want to cultivate hemp is completely beyond me. Near as I can tell, they're relying exclusively on the argument that people will surreptitiously grow marijuana in their hemp fields, which is preposterous because you can't do that. Hemp will cross-pollinate and destroy any commercial marijuana in its vicinity. It's the anti-pot.

Thus, I tend to assume that DEA's animosity towards hemp is merely a symptom of the broader culture war surrounding marijuana in general. They'll concede nothing to the reform community, even when their intransigence requires them to obstruct legitimate economic activity based on flimsy reasoning.

Of course, now that we have a president with the guts to tell DEA when they're out of line, there's simply no reason this issue can’t move forward. Hawaii, Kentucky, Maine, Maryland, Montana, North Dakota, and West Virginia have all passed laws authorizing hemp cultivation and eagerly await the federal go-ahead. Efforts to legalize hemp are also underway in Minnesota and in California, where a hemp bill died on the governor's desk (Schwarzenegger cited conflict with federal law as his reason for rejecting the legislation).

Hemp won't save our economy, but it can provide income for many good, hardworking people. We lead the industrialized world in the importation of hemp and it would make a great deal of sense to start producing it ourselves.

Former Drug Warrior Now Lives With his Parents

The power shift in Washington isn’t looking favorably on the folks who ran Bush's drug war. Oh, the irony:

Justin Rand, 24, formerly a "confidential assistant" in the White House's drug policy office, exited right before the election to work on John McCain's campaign -- so, he hoped, he could remain at the White House. After McCain's loss, Rand could no longer stay in Washington because, among other reasons, he couldn't find a job. He has since moved in with his parents in Jacksonville, Fla. [Washington Post]

So basically, this guy got hooked on anti-drug propaganda and let it take over his whole life. He was doing it five days a week and surrounding himself with some of the best-known suppliers. Now he's unemployed and lives with his folks.

Parents, please don't let your kids end up like Justin. There are some warning signs that your loved one may be addicted to the drug war, such as lying about drug use statistics and hanging out with sketchy people like David Murray.

They'll usually try to rationalize the behavior ("I'm just doing my job"), but the truth is that supporting the drug war is associated with impaired judgment and prolonged exposure can turn you into an insufferable jerktard.

Obama administration ends DEA raids in California!

Dear friends:

When I spoke with Barack Obama at a Capitol Hill reception in September 2004 (two months before his election to the U.S. Senate), he said he agreed with me that states should have the right to determine their own medical marijuana policies without federal interference.

That was the beginning of a series of events that culminated two days ago, when Attorney General Eric Holder announced — while standing next to the current DEA administrator — there will be no more DEA raids on medical marijuana establishments in California or elsewhere. This is significant, given that Holder is the "top cop" of the nation and the boss of the DEA!

Medical marijuana patients, dispensary owners and staffers, growers, MPP staffers, and other activists are breathing a sigh of relief ... having been terrorized by the Bush administration for eight years.  How did we get to this point?

Please watch this one-minute video clip of Obama responding to one of our campaign volunteers in New Hampshire on August 21, 2007, in the heat of the presidential primary campaign ...

After that, Obama publicly reiterated that he would discontinue Bush's policy, including in an interview with the editorial board of an Oregon paper. And, since Obama was elected, we've kept in touch with high-level staffers in the White House and on his transition team, as a way of keeping this issue on their radar screen until the policy was officially changed. 

Then, when Bush holdovers in the DEA raided five medical marijuana dispensaries in California in the days after Obama took office on January 20, MPP barraged the media and MPP members barraged the Obama administration to demand an end to the DEA's raids (and to fire the Bush holdovers).

And, of course, MPP and a host of other organizations — including conservative groups like Citizens Against Government Waste — have built support for the annual vote (from 2003 to 2007) on the House floor for an amendment that would have forbidden the DEA and the Justice Department from spending taxpayer money to subvert state-level medical marijuana laws.

All of this advocacy by thousands of patients, dispensary owners, volunteers, paid lobbyists, medical associations, and so many others has paid off. You did it; we all did it.

Now it's time for us to take our work to the next level by (1) enacting medical marijuana laws in Illinois, Massachusetts, Minnesota, New Hampshire, and New York; (2) improving California's and Rhode Island's existing medical marijuana laws in order to provide licenses to dispensaries in both states; (3) reopening the federal "compassionate IND program" so that patients in all 50 states can obtain legal access to medical marijuana; and (4) passing our medical marijuana ballot initiative in Arizona in November 2010.

Please consider making a financial donation to all of this work.  Thanks so much ...

Sincerely,
Kampia signature (e-mail sized)

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

REPORTER:  "Right after the inauguration, there were some raids on California medical marijuana dispensaries. Was that a deliberate decision by you, by the Justice Department? As a prediction of policy going forward, do you expect those sorts of raids to continue? (muffled) The president said during the campaign —"

ATTORNEY GENERAL ERIC HOLDER:  "Well, what the president said during the campaign, you'll be surprised to know, will be consistent with what we'll be doing here in law enforcement. He was my boss during the campaign, he is formally and technically and by law my boss now, and so what he said during the campaign is now American policy."

Press Release: Attorney General Eric Holder Says Obama Administration Will End Bush's Policy of Arresting Medical Marijuana Patients and Providers

For Immediate Release: February 26, 2009 For More Information: Bill Piper at 202-669-6430 or Tony Papa at 646-420-7290 Attorney General Eric Holder Says Obama Administration Will End Bush’s Policy of Arresting Medical Marijuana Patients and Providers In response to a reporter’s question yesterday, Attorney General Eric Holder said the Justice Department will no longer raid medical marijuana dispensaries in states where they are legal. His statement was the second time this month that the Obama Administration indicated they would discontinue President Bush’s controversial policy of arresting medical marijuana patients and providers. President Obama said on the campaign trail last year that he would end the raids. The Drug Enforcement Administration (DEA) raided a medical marijuana dispensary in California on the day President Obama took office and raided several dispensaries on the day Eric Holder took office. Asked yesterday if such raids were going to continue, Holder said “No.” "What the president said during the campaign, you'll be surprised to know, will be consistent with what we'll be doing in law enforcement. He was my boss during the campaign. He is formally and technically and by law my boss now. What he said during the campaign is now American policy." In a statement a few weeks ago, a White House spokesperson said, "The President believes that federal resources should not be used to circumvent state laws, and as he continues to appoint senior leadership to fill out the ranks of the federal government, he expects them to review their policies with that in mind." "Within 24 hours of taking office President Obama signaled his Administration would eliminate the crack/powder cocaine sentencing disparity and support federal funding for syringe exchange programs," said Ethan Nadelmann executive director of the Drug Policy Alliance. "Now his attorney general is saying the Administration will let states set their own marijuana policies. While certainly not a high priority, it seems clear that the President wants to treat drug use as a health issue not a criminal justice issue."

Federal Budget: House 2009 Appropriations Bill Contains Even More Drug War Funding Increases... And a Slight Cut to Plan Colombia

Just two weeks ago, the Congress passed the $787 billion economic stimulus bill, which included $3.8 billion for law enforcement, much of it destined for continuing the war on drugs. On Monday, the free-spending House Democratic leadership was at it again as it unveiled its fiscal year 2009 omnibus appropriations bill, and again there is more money for drug law enforcement.

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coca eradication in Plan Colombia (courtesy SF Bay Area IndyMedia)
To the undoubted dismay of drug reformers, taxpayer groups, fiscal conservatives, and good governance advocates alike, the Edward Byrne Memorial Justice Assistance Grant program looks to once again get increased funding. The appropriations bill contemplates $2 billion for the Office of Justice Programs, a 16% increase over 2008's $1.679 appropriation. The biggest chunk of that will go to the Byrne JAG grant program.

While the Byrne JAG grants can be used to fund drug courts and drug prevention programs, they are most commonly used to fund multi-jurisdictional anti-drug law enforcement task forces, such as the ones that ran amok in Texas in recent years. Arguing that the spending had not proven effective, the Bush administration attempted to substantially reduce or even zero out Byrne JAG grant funding, but faced constant opposition from "tough on crime" representatives from both parties.

Besides funding the Byrne JAG grant program at higher levels than last year, the appropriations bill includes $550 million for the Community Oriented Policing Services (COPS) program, which got $1 billion just two weeks ago in the economic stimulus bill. It also includes another $3.2 billion for state and local law enforcement crime prevention grants -- another area where the Bush administration sought and got funding reductions. This grant program was cut from $4.7 billion to $2.7 billion during the Bush years.

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anti-Plan Colombia poster (courtesy Colombia IndyMedia)
The Drug Enforcement Administration is also a winner, garnering an $84 million increase over 2008 and pushing its annual budget to $1.9 billion. That includes $73 million earmarked "to fight meth including targeted areas in 'hot spots.'"

And so is the Federal Bureau of Prisons. The congressional response to a federal prison system straining under the results of harsh federal drug law enforcement and sentencing laws is to simply increase the prison budget. Under the bill, the BOP budget would jump nearly 10% to $6.2 billion.

There are also drug war spending increases -- and one notable decrease -- in the State Department and foreign operations section of the appropriations bill. The Merida Initiative to assist the Mexican state in its battle against violent drug trafficking organizations would get $405 million. That's on top of a $465 million emergency appropriation already passed. And the State Department's Bureau of International Narcotics Control and Law Enforcement -- known colloquially as "drugs and thugs" -- is in line for a whopping 35% budget increase, from $557 million in 2008 to $875 million this year.

The one drug war loser in the appropriations bill is Plan Colombia, known as the Andean Counterdrug Program under the Bush administration. With the US having poured more than $5 billion into the program since 1999, only to see coca production increase, House Democrats are moving to shave just a few dollars from that failed program. Instead of the $405 million the Bush administration requested for 2009 or the $320 million that Plan Colombia received in 2008, the new appropriations bill has only $315 million for the Andean drug war.

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