Federal Government

RSS Feed for this category

Search and Seizure: Long Island Woman's Strip Search Suit Can Move Forward

A federal appeals court ruled October 8 that a Long Island, New York, woman's rights were violated when police strip searched her in a room with a video camera after finding a marijuana stem in the vehicle she was driving. The ruling by a three-judge panel of the US 2nd Circuit Court of Appeals reinstated the $1 million lawsuit filed three years ago by Stacey Hartline against the Village of Southampton and four of its police officers.

Hartline was driving a work vehicle owned by her construction company in 2001 when she was pulled over for lack of a rear license plate. After the arresting officer spotted a pot stem on the floorboard, he cuffed Hartline, then searched the vehicle, finding a roach and other small amounts of pot debris. Hartline was placed under arrest for marijuana possession, taken to the police station, and subjected to a strip search by a female officer in a room with a video camera while male officers allegedly watched on monitors.

Hartline was "crying hysterically" while she was forced to remove her lower garments and allow the officer to inspect her orifices, then lift up her bra and allow the officer to inspect her breasts, according to her account.

Hartline sued, alleging two violations of her Fourth Amendment right to be free from unreasonable searches and seizures. First, she argued, police had no probable cause to think she was hiding contraband, and second, the search was unconstitutional because the Village of Southampton had a policy of strip searching all female arrestees while it did not have such a policy for male arrestees.

Her civil suit was thrown out in 2006 by US District Judge Denis Hurley in Central Islip. Hurley held that police did have reason to believe she was hiding contraband and that no higher courts had dealt with such circumstances.

But in last week's opinion from the 2nd Circuit, the appeals court judges sharply disagreed with Hurley. It was irrelevant that no other court had ruled on the circumstances, the judges said, and whether police had "a reasonable suspicion that she was secreting contraband on her person" was a question to settled by a trial court, not Judge Hurley.

"Ultimately, if the facts of this case amount to reasonable suspicion, then strip-searches will become commonplace," the judges further wrote in a 15-page opinion. "Given the unique, intrusive nature of strip-searches, as well as the multitude of less invasive techniques available to officers confronted by misdemeanor offenders, that result would be unacceptable in any society that takes privacy and bodily integrity seriously."

Now, Hartline's case will go to trial. No trial date has yet been set.

Hartline told the Associated Press after the decision that she was relieved. "It's very hard to sit back and challenge a municipality," she said. "It's frightening. I've lived in this town my whole life. I love Southampton. The relief I feel is tremendous. I'm so pleased this won't happen to anyone else."

Feature: Michigan Medical Marijuana Initiative Faces Organized Opposition

Michigan's Proposal 1, the medical marijuana initiative sponsored by the Michigan Coalition for Compassionate Care, appears headed for easy victory according to recent polls, but now it is seeing organized opposition, including visits from the drug czar and one of his minions to urge Michiganders to reject the proposal.

When they go to the polls on November 4, Michigan voters will see the following ballot language and be asked to vote yes or no on whether the measure should be adopted:

The proposed law would:

  • Permit physician approved use of marijuana by registered patients with debilitating medical conditions including cancer, glaucoma, HIV, AIDS, hepatitis C, MS and other conditions as may be approved by the Department of Community Health.
  • Permit registered individuals to grow limited amounts of marijuana for qualifying patients in an enclosed, locked facility.
  • Require Department of Community Health to establish an identification card system for patients qualified to use marijuana and individuals qualified to grow marijuana.
  • Permit registered and unregistered patients and primary caregivers to assert medical reasons for using marijuana as a defense to any prosecution involving marijuana.

If passed by the voters, the measure would make Michigan the 13th medical marijuana state and, significantly, the first in the Midwest. Currently, all the medical marijuana states are in the West or the Northeast.

marijuana plants (photo from US Fish and Wildlife Service via Wikimedia)
That could explain why the White House Office of National Drug Control Policy (ONDCP, the drug czar's office) is concerned enough to send its top people to Michigan, but at the state level, the organized opposition is a collection of the usual suspects from law enforcement, moral crusader, cultural conservative, and staid medical groups resorting to the same old medical marijuana bogey-man arguments always made by defenders of the status quo.

State opposition emerged late last month with the public coming out of Citizens Protecting Michigan's Kids. The group's spokesman, state appellate judge Bill Schuette, has been holding news conferences, this week in conjunction with drug czar Walters, and penning op-eds, in order to stoke fear about the initiative through a barrage of distortions, disinformation, misinformation and fabrications.

Schuette is especially fond of warning that -- gasp! -- if the initiative passes, Michigan will turn into California with its "chaos, pot dealers in storefronts and millions of dollars being dumped into the criminal black market," as he put it in the op-ed piece. The Michigan initiative "is just like the California law," he wrote, even though the Michigan law is much more restrictive on who can become a medical marijuana patient and does not provide for medical marijuana dispensaries.

That particular distortion is even embedded in the group's web site URL, www.nopotshops.com, although, again, the Michigan initiative does not allow for dispensaries.

Schuette and company are also hitting the theme that passing the initiative will lead to an orgy of teen marijuana use. "Law enforcement officials in California point to their state's marijuana law as a cause for the dramatic increase in drug use among high school students," he wrote, reprising comments along the same line he made at an earlier press conference.

Again, Schuette was spouting misinformation. According to a June 2008 report from the Marijuana Policy Project based on official state and national survey data, teen marijuana use has gone down in all grades in California and almost across the board in all other medical marijuana states in the 12 years since California passed its medical marijuana law.

"The opposition is using scare tactics out of desperation, which does not diminish the fact that medical marijuana can safely and effectively relieve the pain and suffering of seriously ill patients," Dianne Byrum, spokeswoman for the Michigan Coalition told the Associated Press earlier this month in response to the opposition claims. "They are just throwing things up in the air and hoping something will stick," she said, emphasizing that Michigan's initiative does not allow for the opening of "pot shops." "This law is nothing like California," she said flatly.

On Monday, the feds arrived. Deputy drug czar Scott Burns flew in to hold a press conference with Schuette and a roomful of law enforcement officials.

"Proposal 1 is bad for Michigan and it is bad for America," Burns said. "This issue is about dope, not about medicine."

Burns also argued that the initiative is backed by wealthy individuals who have supported similar measures in other states. "They are funded by millions of dollars from millionaires who live in Washington, DC, to hire people to come to Michigan to try and con voters from the state to pass it," he said without apparently noting the irony that he, if not a millionaire himself, had come from Washington, DC, representing an agency with a multi-billion dollar budget to tell Michigan voters what to do.

On Tuesday, the big dog himself, drug czar Walters showed up. In a Lansing press conference that same day, Walters repeated some of Schuette's misinformation about the possible increase of teen marijuana use and his deceptive comparisons with California.

Walters also said that the initiative "gives people who are addicted a way to say I have a medical problem" to obtain more of the herb. He also argued that marijuana, unlike opiate pain medications, is unregulated with varying potency, and that a pharmaceutical form of marijuana, Marinol, is already on the market. "To say we need to smoke a weed to make people high because that's the best we can do for them is an abomination," the Michigan native declared.

But the emergence of Michigan Citizens and the arrival of the drug czar and his deputy may be too little too late. The measure was well ahead in the most recent poll, and the state press has balanced the dire warnings of Walters and his local counterparts with interviews with patients and initiative supporters, so it is unclear how much ground the opposition offensive can gain.

For Bruce Mirken, communications director for MPP, which has confronted ONDCP interference with state initiatives in the past and which is supporting the Michigan initiative, the drug czar's schtick seemed time-worn and grasping.

"We're about equal parts amused and horrified," he said. "It's the same old disinformation campaign at taxpayers' expense that Walters has done again and again. This time, not only did he go to Michigan on our dime, he even brought along a medical cannabis vending machine the DEA seized a few months ago from a dispensary in Los Angeles, even though the Michigan initiative doesn't allow for dispensaries, let alone vending machines. It's the Walters Disinformation Tour 2008," Mirken groaned.

The campaign of false attacks on the initiative suggests that the opposition is desperate, said Mirken. "In some ways, that's a good sign for our side," he argued. "They don't have any actual facts and are reduced to making stuff up."

The voters of Michigan will have the final say in a little more than two weeks from now. Stay tuned.

Feature: NATO, US Deepen Anti-Drug Operations in Afghanistan in Bid to Throttle Taliban

The NATO and US forces battling Taliban and Al Qaeda insurgents in Afghanistan are on the verge of expanding their counterinsurgency efforts by getting more deeply involved in trying to suppress the country's booming opium trade. In so doing, they are stepping into tricky territory because they risk alienating large swathes of the population that are dependent on the trade to feed themselves and their families and driving them right into the tender embrace of the Taliban.

The new, more aggressive anti-drug stance will come in two forms. On one hand, NATO has committed for the first time to actively target and track down drug traffickers and heroin-processing laboratories. On the other hand, US military forces training the Afghan military will now begin accompanying Afghan soldiers as they provide force protection for Afghan government poppy eradication teams.

The more aggressive posture comes as the political and military situation in Afghanistan continues to worsen. Some 242 NATO and US troops have been killed in fighting there this year, 10 more than last year with two and a half months to go, and last year was the worst so far for the International Security Assistance Force (ISAF). Some 33,000 US troops, including 13,000 under the command of the ISAF and 20,000 under direct US command, and nearly 40,000 NATO soldiers, are now in Afghanistan, and the Bush administration is calling for an additional 20,000 US troops to be deployed there next year.

The Taliban and related insurgents have shown increased military capabilities, in part because they are able to supply themselves with funds generated by the opium trade. The United Nations estimates that the Taliban and Al Qaeda are making perhaps $100 million a year from taxing poppy farmers and providing protection to drug traffickers.

A leaked draft of an as yet unreleased US National Intelligence Estimate last week revealed that US intelligence agencies believe the war in Afghanistan is "on a downward spiral," with part of the problem resting with a corrupt government under President Hamid Karzai and part of the problem linked to the "destabilizing impact" of the opium trade.

That deteriorating situation impelled US Defense Secretary Robert Gates to head to Europe to try to bring reluctant NATO members on board for a more aggressive anti-drug strategy last week. European countries have been reluctant to step into the morass of anti-drug efforts there, citing the risk of alienating the population and arguing that law enforcement is the responsibility of the Afghan government.

"Part of the problem that we face is that the Taliban make somewhere between $60 million and $80 million or more a year from the drug trafficking," Gates said at the NATO meeting in Budapest. "If we have the opportunity to go after drug lords and drug laboratories and try to interrupt this flow of cash to the Taliban, that seems to me like a legitimate security endeavour."

Chronicle editor Phil Smith in formerly opium growing village near Jalalabad
By last Friday, NATO had signed on. According to a Saturday NATO press release, "Based on the request of the Afghan government, consistent with the appropriate United Nations Security Council resolutions, under the existing operational plan, ISAF can act in concert with the Afghans against facilities and facilitators supporting the insurgency, in the context of counter-narcotics, subject to authorization of respective nations."

"At the request of the Afghan government, I am grateful that the North Atlantic Council has given me the authority to expand ISAF's role in counter-narcotics operations," added NATO Supreme Allied Commander US Gen. John Craddock in a statement the same day. "We now have the ability to move forward in an area that affects the security and stability of Afghanistan. It will allow us to reduce the funding and income to the insurgents, which will enhance the force protection of all ISAF and Afghan National Security Force personnel."

That's what Gates and the Bush administration wanted to hear. "It is just going to be part of regular military operations. This is not going to be a special mission," Gates said Saturday," adding that the counter-drug effort was likely to focus on the southern part of the country. "It starts with the commander of ISAF, and then it would be a question of what forces are available. Obviously the United States and the UK are interested in doing this. I think several others would but didn't speak out," he said. "I am fairly optimistic about the future," Gates said. "There is also an understanding that NATO can't fail in Afghanistan."

To that end, the US is taking another step deeper into the Afghan drug war: Using US ground troops to help eradicate poppy fields. The London Daily Mail, among other media, reported that a small number of US soldiers who are training the country's Poppy Eradication Force will accompany their charges as they head into the poppy fields around the beginning of the new year.

The idea is to target land owned by corrupt Afghan power brokers, especially in southern Helmand province, which accounts for the majority of Afghanistan's 93% share of global opium production. That is also an area where the Taliban presence is heavily felt. Some 75 Afghan eradicators were killed last year.

"There shouldn't be any no-go areas for eradication teams in Helmand, and in order to do that they are going to need more force protection," an unnamed British embassy counter-narcotics official told the Daily Mail. "Land that's controlled by major land owners, corrupt officials or major narco-figures is land that should be targeted. Having force protection is more likely to make that possible.'"

incised papaver specimens (opium poppies)
A US military spokesman told the Daily Mail there are 11 US soldiers training the Afghan Counter Narcotics Battalion in Kandahar. They will deploy along with Afghan soldiers on eradication missions, he said.

The US has long argued for stronger eradication efforts, but was rebuffed by the Karzai government when it floated the idea of aerial spraying earlier this year. But with manual eradication wiping out only 3.5% of the crop this year, pressure to do more is strong. The question is whether doing more to fight the drug trade will help or hinder the effort to build a strong, stable government in Kabul.

"This whole issue has been discussed in different forums in Afghanistan for some time now, said Sher Jah Ahmadzai, an associate at the Center for Afghanistan Studies at the University of Nebraska-Omaha. "The government rejected aerial eradication for various reasons, even though it was desired by the US. But this NATO move is being welcomed by the government and the international agencies because now they are targeting the drug lords, not the farmers themselves. If you go after the farmers, it could backfire on NATO and the Afghan government, so going after the big drug lords is the viable option now. Everyone knows who they are," he said.

But not all drug lords are equal, said Ahmadzai. "There are many drug lords who are involved in the government, there are high ministers who are believed to have been drug lords before they were appointed, there are a number of people in the provincial governments who are involved, but the government is not going to go after them because that could create a backlash," he said. "But the other drug lords, the ones who are openly supporting the Taliban and Al Qaeda, they will go after them."

Only with a stronger Afghan state sometime in the future would it be feasible to actually go after all drug traffickers, said Ahmadzai. "The next phase would be strengthening the Afghan government so it can purge itself," he said.

But Ahmadzai's view is much rosier than some. Critics of the move said it would only worsen the insurgency. "The NATO governments did say they will try to target drug trafficking operations that seem to be in league with the Taliban and Al Qaeda, which makes this policy shift merely unwise instead of egregiously unwise," said Ted Galen Carpenter, vice president for defense and foreign policy studies at the libertarian-leaning Cato Institute. "But pressuring NATO and the Karzai government on this simply guarantees that we will drive many people back into the arms of the Taliban, and that's a short-sighted strategy," he argued.

"The Americans have been training Afghan counter-narcotics forces, but they were creating problems for the government because they were aiming straight at the farmers, and the farmers would go straight to the Taliban," agreed Ahmadzai. "If you go after the farmers, you risk alienating them. If you don't, the Taliban and Al Qaeda profit. It's really a double-edged sword."

"The underlying problem is that the drug trade is such a huge part of the Afghan economy," said Carpenter. "The UN says there are some 509,000 families involved in growing or other aspects of the drug trade. If you just consider a standard nuclear family, that's about 15% of the population involved in the drug trade, but when you consider that Afghanistan is very much an extended family- and clan-based society, the real number is more like a third to 40% of the population earning a livelihood off the drug trade. There is no realistic way to shut that down."

There is an alternative, said Carpenter. "US policy-makers could just look the other way, ignore the drug commerce, and focus on trying to weaken the Taliban and Al Qaeda, our mortal adversaries," he said.

While that would leave the Taliban and Al Qaeda free to fund themselves from opium profits, that's a price we would have to pay, Carpenter said. "No doubt those groups derive revenue from the drug trade, but unfortunately for our strategy, so do Karzai's allies. Most major power brokers are involved in some way with the illegal drug trade. It's such a lucrative enterprise because of the black market premium that anyone who exercises power and influence in that society is tempted to get involved."

Noting that the NATO plan to go after only traffickers linked to the insurgency would in effect remove the competition for government-linked drug traffickers, Carpenter said the decision was no surprise. "I don't think that is a deliberate motive, but to the extent that the Karzai government is interested in cooperating, it will be precisely because it will eliminate the competition for those traffickers with backing in Kabul. Expecting the Kabul government to truly suppress the trade would be like asking Japan to eliminate its auto and high-tech industries. It isn't going to happen," he said.

And deeper into the morass we go.

Study: Drug Czar’s Billion Dollar Anti-Drug Ad Campaign is a Failure

The drug czar likes to claim that we criticize his ad campaign because we want more kids to use marijuana. Will he say the same about researchers hired by Congress?

Despite investing $1 billion in a massive anti-drug campaign, a controversial new study suggests that the push has failed to help the United States win the war on drugs.

A congressionally mandated study released today concluded that the National Youth Anti-Drug Media Campaign launched in the late 1990s to encourage young people to stay away from drugs "is unlikely to have had favorable effects on youths."

In fact, the study's authors assert that anti-drug ads may have unwittingly delivered the message that other kids were doing drugs, inadvertently slowing measured progress that was being made to curb marijuana use among teenagers.

"Youths who saw the campaign ads took from them the message that their peers were using marijuana," the report suggests as a possible reason for its findings. "In turn, those who came to believe that their peers were using marijuana were more likely to initiate use themselves." [ABC News]

Ironically, if reformers actually wanted more kids to use marijuana, we’d support the drug czar’s ad campaign. His propaganda appears to have encouraged use among those viewing the ads, even as marijuana use among America’s youth was decreasing overall. Based on the data, it's entirely possible that youth drug use would be even lower – and U.S. taxpayers would be $1 billion richer – if the drug czar had never run these ads in the first place.

Another Complete Failure from the Drug Czar

John Tierney at the New York Times points to a new report showing that the drug czar’s office has failed to meet its own performance goals. It’s vital that we point this out, because the drug czar never will. Everything the drug czar does is a glorious success according to the drug czar and there is nothing morbid or awful enough to shatter the drug warriors’ avowed faith in their great war.

Sadly, this includes dramatic increases in overdose deaths, which the drug czar ignores while constantly boasting that overall drug use is down. It seems we’re getting better and better at arresting large numbers of marijuana users who don’t need help, while getting progressively worse at saving those whose battle with drugs is truly a matter of life and death.

Latin America: Bolivia Blocks US Anti-Drug Flights, Says It Doesn't Need or Want US Help With Coca Crop

Relations between Bolivia and the US, already strained by Bolivia's expulsion of the US ambassador last month for allegedly helping to instigate anti-government protests and the subsequent US "decertification" of Bolivia for failure to comply with US drug war aims, grew even colder over the weekend. Last Thursday, Bolivian President Evo Morales rejected a DEA request to overfly the country, and on Saturday, he launched a rhetorical attack on US anti-drug policy.

Bolivian coca leaves drying in warehouse -- the sign reads ''Coca Power and Territory, Dignity and Sovereignty, Regional Congress 2006-08'' (photo by Phil Smith, Drug War Chronicle)
According to the Bolivian Information Agency, Morales last Thursday instructed his government to deny a written request from the US government to conduct surveillance flights over the South American nation. "Two days ago I received a letter from the US DEA asking a government institution for permission to fly over national territory," the agency quoted Morales as saying. "I want to say publicly to our authorities: They are not authorized to give permission so that the DEA can fly over Bolivian territory."

Bolivia is the world's third largest producer of coca, from which cocaine is produced. Since his election as president, Morales, who rose to prominence as a coca grower union leader, has embarked on a policy of "zero cocaine, but not zero coca." Under the Morales government, peasants are allowed to grow specified amounts of coca for traditional and industrial uses. In another sign of tension with the US, coca farmers loyal to Morales recently expelled US AID from the Chapare coca-growing region, saying its programs were ineffective.

On Saturday, Morales stepped up the rhetoric, saying Bolivia does not need US help to control its coca crop. He spoke before a crowd of coca growers outside La Paz.

"It's important that the international community knows that here, we don't need control of the United States on coca cultivation. We can control ourselves internally. We don't need any spying from anybody," Morales said in remarks reported by the Associated Press.

A State Department spokesman told the AP that the US had decertified Bolivia in part because it had chosen to follow its own path instead of Washington's lead. "We've certified Bolivia twice before under the Morales government, even though they have taken a very different approach to counter drugs, especially to eradication, than previous governments," said Thomas Shannon, the top US diplomat for Latin America. "But what we've noticed over the past couple of months," he added, "was a declining political willingness to cooperate, and then a very precise attempt by the part of some of the government ministries to begin to lower the level of cooperation and try to break the linkages" between US and Bolivian anti-drug efforts.

Although the Bush administration decertified Bolivia, it did not cut off anti-drug aid. It did, however, suspend Bolivia's exemption from US tariffs under a regional trade agreement. That could cost Bolivia up to 20,000 jobs, according to Bolivian business leaders. [Ed: What kind of jobs do people turn to sometimes when they lose their legal jobs?]

Feature: War on Marijuana Failing Despite Drug Czar's Happy Talk, New Reports Find

The White House Office on National Drug Control Policy (ONDCP -- the drug czar's office) has failed on its own terms when it comes to marijuana policy, according to a pair of reports examining government data by a noted marijuana researcher. It has not significantly reduced marijuana consumption despite constantly increasing annual arrest numbers and ongoing propaganda campaigns, while at the same time it twists and distorts figures on people in treatment for "marijuana dependency" in order to falsely claim that marijuana is a dangerous drug, while in reality, less than half of all people treated for marijuana even fit the standard criteria for substance abuse.

too much ''happy talk'' from John Walters
The reports, by George Mason University senior fellow Jon Gettman, are available here. They examine official government data from the annual National Household Survey on Drugs and Health and the Treatment Episode Data Set.

Based on the government's own numbers, ONDCP has failed to achieve its stated 2002 goal of reducing marijuana use by 25% by 2007, Gettman found. According to the national survey, last year there were 14.5 million pot smokers, compared with 14.6 million in 2002. From 2002 to 2007 annual use of marijuana declined slightly from 25.9 to 25.1 million. The number of Americans who have used marijuana at some point in their lives actually increased, from 95 million in 2002 to over 100 million in 2007.

Similarly, teenage marijuana use -- the reduction of which is one of ONDCP's stated goals -- remains high. More than one in nine (12%) of 14- and 15-year olds and one in four (23.7%) 16- and 17-year-olds used marijuana in 2007. But disturbingly, there were 472,000 12- and 13-year-olds and 627,000 14- and 15-year-olds who did not use marijuana in 2006 but still used illegal drugs. Nearly half of them used inhalants and illegally obtained pain relief drugs.

More broadly, there were 35.7 million annual illicit drug users in the United States in 2007, 14.4% of the population. Of all illicit drug users, 41% used only marijuana. Another 29% used marijuana and at least one other illicit drug, while 30% used other illicit drugs, but not marijuana.

"The Bush Administration has failed to reduce or control marijuana use in the United States," Gettman concluded. "Marginal changes in marijuana and other drug use have been distorted to support false claims that incremental progress in reducing marijuana and other drug use has been achieved. Marijuana use is fundamentally the same as when the Bush Administration took office and illicit drug use overall has increased. Drug use data do not support Bush Administration claims that its policies have had a significant impact on illicit drug use in the United States."

The stability -- not reduction -- in marijuana use comes despite at least 127 different anti-marijuana TV, radio, and print ads by ONDCP, in addition to at least 34 press releases focused mainly on marijuana and at least 50 reports from ONDCP or other government agencies on marijuana or anti-marijuana campaigns.

For ONDCP head John Walters, slight reductions in teen marijuana use meant that "teens are getting the message about the harms of marijuana and are changing their behavior -- for the better", as he noted in a September 2007 press release. Still, he was forced to admit in the next breath that "youth abuse of prescription drugs remains a troubling concern."

Similarly, in a July press release, Walters called for an "intervention" against adult marijuana use, and tried to define the pot experience as he did so. "Marijuana is the blindspot of drug policy," said Walters. "Baby Boomers have this perception that marijuana is about fun and freedom. It isn't. It's about dependency, disease, and dysfunction. As the data released today reveal, marijuana is a much bigger part of our Nation's addiction problem than most people realize. While teen marijuana use is down sharply [sic], adult use, with all the social, economic, and health consequences that go along with it, will not improve until we start being more honest with ourselves about the seriousness of this drug. Too many of us are in denial, and it is time for an intervention."

"The government's own statistics demolish the White House drug czar's claims of success in his obsessive war on marijuana," said Rob Kampia, executive director of the Marijuana Policy Project (MPP) in Washington, DC. "The most intense war on marijuana since 'Reefer Madness,' including record numbers of arrests every year since 2003, has wasted billions of dollars and produced nothing except pain and ruined lives."

If ONDCP has failed to reduce marijuana use, it has been quite successful in driving up the number of people forced into drug treatment for marijuana use. The problem is that many of the people seeking treatment for "marijuana dependency" aren't dependent and don't need treatment. The percentage of admissions in which marijuana was the primary substance of abuse referred by the criminal justice system increased from 48% in 1992 to 58% in 2006. But less than half (45%) of admissions met the criteria for dependence established by the Diagnostic and Statistical Manual of the American Psychological Association.

"Increases in drug treatment admissions for marijuana, often cited by officials as evidence that marijuana is dangerously addictive, are driven by criminal justice policies rather than medical diagnosis," Gettman noted. "These policies increase public costs for providing drug treatment services and reduce funds for and availability of treatment of more serious drug problems."

Your tax dollars are paying for unnecessary drug treatment for marijuana users. Government programs will pay for drug treatment in 62% of admissions where marijuana is the primary drug of abuse, and 60% of marijuana treatment admissions referred by the criminal justice system.

"In thousands of cases, taxpayers appear to be funding treatment for non-addicts whose only problem is that they got caught with marijuana," said Gettman.

Based on the official data, Gettman also found that ONDCP had demonstrably failed to meet its 2002 two-year goal of a 10% reduction in drug use by teens and by adults or its five-year goal of a 25% reduction in drug use among those two groups. Teen drug use did decline, but by less than ONDCP goals. There was a 7% population reduction in current illegal drug use from 2002 to 2004, and a 16% reduction from 2002 to 2007. But among adults, while the population of current illegal drug users fell 1.5% from 2002 to 2004, it actually increased 4.8% from 2002 to 2007. That increase in adult use of illicit drugs was due to the use of opioid pain relievers, according to the national use survey.

And so goes the war on America's most popular illicit drug. While the drug czar rails against pot, the kids and the adults are turning to pain pills. That's progress?

Drugs in America: Trafficking, Policy and Sentencing

This symposium is presented by Sen. Jim Webb (D-VA) and the Administration of Justice Department of George Mason University. The schedule: 8:45am: Panel 1 begins 9:45am: Panel 2 begins 10:45am: Panel 3 begins 12:00pm: Media Availability Panel Details: Panel 1: How do drugs get to the U.S. and how are they distributed to users? Panel 2: Combating drug crime Panel 3: What's happening to users? Parking: Transportation by Metro is highly encouraged. Limited parking for TV trucks is available, but must be reserved in advance. RSVP: For members of the media, please RSVP to Annie Hughes at Anne_Hughes@webb.senate.gov or 202-224-4447. For the general public, please RSVP to Kate Zinsser at kzinsser@gmu.edu or 703-993-9699.
Wed, 10/15/2008 - 8:00am - 12:00pm
3301 Fairfax Drive
Arlington, VA 22201
United States

Press Release: ONDCP Has Failed to Cut Marijuana Use, Misused Treatment Stats, New Report Shows

OCTOBER 8, 2008

ONDCP Has Failed to Cut Marijuana Use, Misused Treatment Stats, New Report Shows

CONTACT: Bruce Mirken, MPP director of communications ............... 415-668-6403 or 202-215-4205
                   Jon Gettman, Ph.D. ..........................................................540-822-5739

WASHINGTON, D.C. -- The major U.S. government study of drug use shows that the White House Office of National Drug Control Policy has badly failed to meet its own goals for reducing use of marijuana and other illegal drugs, according to a pair of new reports by George Mason University senior fellow Jon Gettman, Ph.D. In addition, ONDCP and its chief, "Drug Czar" John Walters, have misused treatment statistics to suggest that marijuana is dangerously addictive when the government's own data suggest that arrest-driven treatment admissions have wasted tax dollars by treating thousands who were not truly drug-dependent.

    Both reports and a summary of all the findings are available at http://www.drugscience.org/Archive/bcr5/bcr5_index.html.

    "The government's own statistics demolish the White House drug czar's claims of success in his obsessive war on marijuana," said Rob Kampia, executive director of the Marijuana Policy Project in Washington, D.C.  Kampia noted that during Walters' tenure, ONDCP has released at least 127 separate anti-marijuana TV, radio and print ads and 34 press releases focused mainly on marijuana, in addition to 50 reports from ONDCP and other federal agencies on marijuana or anti-marijuana campaigns. "The most intense war on marijuana since 'Reefer Madness,' including record numbers of arrests every year since 2003, has wasted billions of dollars and produced nothing except pain and ruined lives."

    Gettman, who made international headlines in December 2006 with an analysis showing that marijuana is the top cash crop in the United States, noted the following in his new report:

    **In 2007 there were 14.5 million current users of marijuana in the United States, compared with 14.6 million in 2002, while the number of Americans who have ever used marijuana actually increased.

    **ONDCP has not come close to meeting its goal of reducing illegal drug use by 25 percent by 2007.

    **There was a marked jump in the percentage of marijuana treatment admissions referred by the criminal justice system from 1992 to 2006, while just 45 percent of marijuana admissions met the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) criteria for marijuana dependence.

    With more than 25,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.


L.A. Protest Supporting Convicted Medical Marijuana Dispensary Owner Draws 350

OCTOBER 6, 2008

Protest Supporting Convicted Medical Marijuana Dispensary Owner Draws 350Patients and Advocates Call for an End to Federal Obstruction of State Law

CONTACT: Aaron Smith, MPP California organizer, (707) 291-0076

LOS ANGELES — The California organizer for the Marijuana Policy Project, Aaron Smith, joined approximately 350 medical marijuana supporters at a rally outside the U.S. District Courthouse in Los Angeles today.

    The rally was organized to support Charles C. Lynch, a former operator of a Morro Bay medical marijuana collective who was recently convicted on federal drug charges. Lynch opened Central Coast Compassionate Caregivers in 2006 but was raided by federal and San Luis Obispo County law enforcement agents in March 2007. A respected member of the community who operated with the support of local officials and the chamber of commerce, Lynch was known to refuse payment from patients who could not afford it.

    "He was just a compassionate kind of guy," Steve Beck, the father of a cancer patient who relied on Lynch's dispensary to relieve the pain caused by his treatment – which included an amputated leg – told Reason magazine this summer.

    The raid and subsequent prosecution was conducted at the request of San Luis Obispo County Sheriff Patrick Hedges, who was unable to use his office to close the facility since it was in full compliance with state and local laws.

    The jury that convicted Lynch was barred from hearing any evidence about medical marijuana or his compliance with state law. Rally participants hope that a judge will grant Lynch a retrial. A hearing to consider Lynch’s retrial request is slated for Nov. 4.

    "Only a small minority of extremists still support imprisoning Americans for medical marijuana," Smith said. "That's why it's no surprise the federal drug warriors didn't allow jurors to hear all the facts in Charles' case."

    Smith encouraged the crowd to engage in the public process by urging Congress to lift the federal ban on medical marijuana. "With your help we can bring federal policy in line with the public sentiment," added Smith.

    With more than 25,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit www.MarijuanaPolicy.org.

Los Angeles, CA
United States

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School