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Feds Bust Former Portland Police Detective for Medical Marijuana

Location: 
Portland, OR
United States
Publication/Source: 
Salem-News.com (OR)
URL: 
http://www.salem-news.com/articles/august072007/federal_rogues_8707.php

Who Should Be the Next Drug Czar?

We will have a new president in January 2009, and that means we will have a new cabinet as well, including a new head of the Office of National Drug Control Policy (ONDCP--the drug czar's office). Who should the next drug czar be? Do we want another general? Another drug war true believer? (Would that be a job requirement?) A doctor? A public health person? A lawyer? An activist? A politician? The progressive web site The Backbone Campaign is seeking "shadow cabinet" nominations. Anyone can nominate anyone. Here's the list so far for the drug czar position:
Nominee(s): Ethan Nadelmann Dean Becker Tom Hayden Gary Johnson Rep. Maxine Waters Russell Simmons Bill Maher Al Sharpton Keith Stroup
I'd be happy with any of these folks, including our buddy Dean Becker from the Drug Truth Network. I'll also suggest a couple more: Professor Peter Reuter of the University of Maryland, co-author of "Drug War Heresies," knows drug policy issues inside and out and is a pretty progressive fellow on these issues. And, of course, in a perfect world, the next drug czar would be Tommy Chong. But I don't know if he could make it through the committee hearings... Who's your nominee?
Location: 
United States

A Peek Inside a Marijuana Dispensary

Location: 
CA
United States
Publication/Source: 
BusinessWeek
URL: 
http://images.businessweek.com/ss/07/08/0803_marijuana/index_01.htm

Drug Central: Northeast Georgia now a hub for trafficking

Location: 
GA
United States
Publication/Source: 
Gainesville Times (GA)
URL: 
http://www.gainesvilletimes.com/news/stories/20070805/localnews/188836.shtml

Illegal Crops Creep Into the Suburbs

Location: 
Washington, DC
United States
Publication/Source: 
The Washington Post
URL: 
http://www.washingtonpost.com/wp-dyn/content/article/2007/08/04/AR2007080401388.html

Feds strike medical pot growers

Location: 
Portland, OR
United States
Publication/Source: 
The Portland Tribune (OR)
URL: 
http://www.localdailynews.com/news/story.php?story_id=118609925649231700#comment_section_container

Feature: Colombia Annouces Shift to Manual Eradication of Coca Crops

Six years and $5 billion in US assistance after the Colombian and US governments embarked on a program of mass aerial fumigation of Colombian coca fields in a bid to dry up the supply of cocaine, the Colombian government announced late last month that it will now accentuate manual eradication of the country's biggest cash crop.

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coca seedlings
While aerial fumigation was touted by drug warriors as a "silver bullet" that could put an end to the Colombian cocaine business, it hasn't worked out that way. According to official US figures, the amount of land devoted to coca production in Colombia has decreased only slightly since 2001, when major spraying began. That year, some 420,000 acres were planted with coca; in 2006, the number was 375,000 acres.

In addition to not reducing coca cultivation, aerial eradication has led to friction with neighbors, particularly Ecuador, which is concerned about drift-over. It has also excited intense opposition from Colombian peasants and their supporters, who charge that glyphosate, the pesticide used in the spraying, has harmed the environment, livestock, and people.

Now, with the Republican grip on power in Washington slipping and Democrats in control of the House and Senate, the Congress is showing signs it wants to back away from aerial eradication. Colombian President Alvaro Uribe is not waiting.

''Instead of uniting Colombians around the idea of eradicating drugs, [aerial spraying] causes complaints and provokes reactions against eradication,'' Uribe said in a July 20 speech in which he announced the shift. Spraying would remain only a ''marginal'' part of the counter-drug strategy, he said.

''It's an evolution of the policy... We are going to give more importance to the manual eradication than to aerial fumigation,'' Defense Minister Juan Manuel Santos confirmed last week to reporters in Washington, where he was discussing the new plans with US policymakers and lobbying Congress to allow more flexibility in the use of US counter-drug aid. ''Manual eradication can be more effective and, at times, cheaper,'' Santos added.

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aerial eradication operation
The policy shift was cheered by Colombia's most important newspaper, El Tiempo, in an editorial last week. "Announcing a reduction in aerial spraying and reinforcing manual eradication is the first step for Colombia to formulate an anti-narcotics strategy that answers to more than just 'recommendations' from Washington,'' the editorial said.

The announced shift is the result of both Colombian unhappiness with the results of spraying and the new balance of power in Washington, where congressional Democrats are much more reluctant to provide a blank check to the Bush administration on Colombia, American analysts told Drug War Chronicle.

In Congress, Democrats are proposing deep cuts in military assistance to Colombia and attempting to shift priorities from security to economic development. One House bill would do just that. Meanwhile, the Senate version of the Foreign Appropriations bill earmarks $10 million of the military aid for providing security for manual eradication and it would restrict aerial fumigation to specific areas where the State Department has certified that manual eradication cannot be done.

"One reason for drawing it down is there will be less money for it coming out of Congress, but even the hard-line Colombians were never that thrilled with fumigation," said Adam Isaacson of the Center for International Policy, which monitors Plan Colombia spending. "The Colombian military doesn't like it because it doesn't help them win hearts and minds. Uribe is saying that they are trying to increase the government presence in those areas, and fumigation makes that harder to do, so they will try doing more manual eradication," he said.

While Colombian disappointment with the results of spraying is a factor, it is the new era in Washington that is making the difference, Isaacson suggested. "The change in Congress has been the deciding factor," he said. "Year after year, we've seen these disastrously disappointing numbers for eradication, and the Colombians had to swallow it because every voice in power in Washington said they had to do it. Now, the Colombians have a chance to say what they really think about that policy."

"The Colombians are doing this in part because aerial fumigation simply has not worked," said Annalise Romoser of the US Office on Colombia, a Washington, DC, nonprofit that consults for the State Department on Colombia issues. "Since 2000, when we first started the massive aerial fumigation campaign, there has been a massive increase in production," she said.

"The Colombians are also responding to the message they are hearing from the US Congress," Romoser noted. "It is clear that both the House and the Senate are prepared to drastically slash funding, and the Colombian government is neither interested in nor capable of assuming the cost of aerial eradication without the US support they've been receiving."

But simply shifting from aerial eradication to manual eradication is not enough, said Romoser. "Manual eradication will only be successful when carried out in consultation with affected communities. We need consultation, not forced eradication. The communities I work with in the south are opposed to forced eradication. If they do that without social and economic development programs in place before it begins, it can end up being very divisive."

Eradication without development is a recipe for instability, agreed Isaacson. He pointed the experience of Bolivia a decade ago, when the government of Hugo Banzer unveiled Plan Dignidad and embarked on a campaign of forced eradication without consultation. The resulting chaos in the coca fields led to years of political instability.

"When Plan Dignidad hit, the coca growers went crazy," he recalled. "Road blockades, demonstrations, and the next thing you know, the head of the Chapare coca growers union is the president of Bolivia."

That's an unlikely outcome in Colombia, where coca growers have neither the relative numbers nor the institutional strength of their counterparts in Bolivia. But with the Colombian government ready to switch from aerial spraying to the "kinder, gentler" manual eradication of crops, the potential for more social conflict remains high, especially if eradication is not part of an integrated, holistic economic and social development program. So far, neither the US nor the Colombian governments have shown much appetite for that.

Feature: Snitching in the Spotlight -- House Committee Holds Hearing on Informant Abuses

The House Judiciary Committee heard police and legal experts say there needs to be more oversight and tighter standards on the use of confidential informants in law enforcement at a July 19 hearing. The hearing was called by committee chair Rep. John Conyers (D-MI) to look into ways to avoid abuses such as those that led to the shooting death of 92-year-old Atlanta resident Kathryn Johnston last December.

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Kathryn Johnston
Johnston was killed after opening fire on undercover Atlanta narcotics officers who were breaking down her door to serve a "no-knock" search warrant for cocaine. Those officers had obtained the warrant from an Atlanta magistrate by falsely telling him that a confidential informant had made drug buys at Johnston's location. Later that same day, those officers attempted to get that informant to lie and back them up, but the informant instead went to federal authorities. Two officers involved have since pleaded guilty to manslaughter, while a third awaits trial on false imprisonment charges.

While it was the Johnston killing that led directly to last month's hearing, concern over the widespread use of informants, or snitches, has been mounting for years, especially in regard to drug law enforcement. Hostility toward law enforcement either threatening low-level offenders to intimidate them into informing on others ("Do you want to be gang-raped for 30 years in prison instead?") or cultivating mercenary informers who infiltrate communities and set up drug deals for monetary gain has been simmering in poor and minority communities for years.

The "Stop Snitching" movement, much maligned by law enforcement officials as undermining the rule of law, is, at least in part, a direct consequence of the drug war's reliance on confidential informants. Especially in black communities, which have been hard hit the drug war, anger over drug war tactics, including the use of informants, is palpable.

Now, with Democrats once again in control of Congress, Congress is ready to listen -- and possibly to act. Rep. Conyers said at the hearing and in meetings with American Civil Liberties Union (ACLU) Drug Law Reform Project and Drug Policy Alliance staffers that is he preparing legislation to attempt to rein in the out of control use of informants. The use of informants is "totally out of control," said Conyers. "It's every law enforcement agency for itself. This is corrupting the entire criminal justice process," he warned.

"We've got a serious problem here that goes beyond coughing up cases where snitches were helpful," Conyers continued. "The whole criminal justice system is being intimidated by the way this thing is being run and in many cases, especially at the local level, mishandled... A lot of people have died because of misinformation, starting with Kathryn Johnston in Atlanta. Getting the wrong house, they cost the 92-year old woman her life. But then law enforcement tried to intimidate the confidential informant to clean the mess up. Then you get law enforcement involved in perpetrating the cover up of what is clearly criminal activity. So this is not a small deal that brings us here today and we are going to do something about it."

There will be more hearings to come, Conyers promised. "This is the first time that we have gotten into this matter in more than a dozen years... But this is only the tip of the iceberg. We've got to hold the most thorough hearings in recent American history on the whole question of the criminal justice system, which goes way beyond informants. It's been picked up and articulated by many of the witnesses, that we are talking about the culture of the law enforcement system and how it's got to be changed. One hearing starts us off, and I'm very proud of what we have accomplished here today."

At the hearing, law enforcement personnel and legal scholars alike acknowledged that the informant system is loosely supervised and can lead to corner-cutting and abuses by police. "The government's use of criminal informants is largely secretive, unregulated and unaccountable," Alexandra Natapoff, a Loyola Law School professor who studies the issue, told the panel.

The massive reliance on informants makes communities not safer but more dangerous, said Natapoff. "What does this mean for law abiding residents like Mrs. Johnston?" she asked. "It means they must live in close proximity to criminal offenders looking for a way to work off their liability. Indeed, it made Kathryn Johnston's home a target for a drug dealer.It also means that police in these neighborhoods tolerate petty drug offenses in exchange for information, and so addicts and low level dealers can often remain on the street. It also makes law enforcement less rigorous: police who rely heavily on informants are more likely to act on an uncorroborated tip from a suspected drug dealer. In other words, a neighborhood with many criminal informants in it is a more dangerous and insecure place to live."

The massive reliance on informants also corrodes police-community relations, Natapoff said. "This question about the use of confidential informants goes to the heart of the problem of police-community relations," she told the panel. "It's an historical problem in this country, it's not reducible to the problem of informing or snitching or stop snitching, but I would submit that the 20-year policy on the part of state, local and federal government of using confidential informants and sending criminals back into the community with some form of impunity and lenience, and turning a blind eye to their bad behavior, has increased the distrust between police and community."

The Rev. Markel Hutchins, pastor of the Philadelphia Baptist Church in Atlanta and a spokesman for the Johnston family, also addressed the hearing. "There is a problem with the culture of policing in America," Hutchins said. "And because of that culture, far too often police officers feel that they can do what they want to under the cover of law. This committee has a unique opportunity to help protect even the officers themselves that engage in this kind of behavior by insolating them from the capacity or the potential they have to engage in this kind of corrupt behavior."

There must be more accountability in the courts, said Hutchins. "I will submit to this committee that if the fabricated confidential informant that was mentioned and feloniously used in the Kathryn Johnston case had been required to appear before a judge, Ms. Johnston would still be alive today... It was just too easy for these police officers to go in front of a judge and to lie. They've engaged in this kind of practice for years and it's been happening all over the country... If police had done due diligence, they would have known that a 92-year old woman lived there in the home by herself. There was no corroboration. There was not any appropriate investigative work done. But I think that probably the most poignant thing that happened to Ms. Johnston is had she not been 92-years old, and had she been my age, 29-30 year old, and a young black man, we might not be having this hearing right now," Hutchins said.

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John Conyers, addressing DRCNet's March 2005 Perry Fund scholarship fundraiser
Even National Narcotic Officers' Association Coalition President Ronald Brooks agreed that reforms are necessary. "We need to take an absolute hard line posture when law enforcement breaks the rules, like in any other profession," he told the committee. "The conduct at first blush committed in Atlanta, and in Tulia, and in Dallas, and in a host of other places was criminal conduct by law enforcement officers and that conduct should be punished vigorously... We need to instill an ethical culture that says that the ends never justify the means... We only have one opportunity to have credibility in our courts and in our communities," Brooks said.

"It was a really good hearing," said Bill Piper, director of national affairs for the Drug Policy Alliance. "Conyers said he wants to introduce omnibus legislation overhauling the use of confidential informants. Right now, we and the ACLU Drug Policy Law Project are working with his office to come up with specific language," Piper said. "The question now is what the bill is going to look like. If anyone has suggestions, contact us or Conyers' office," he said.

"The hearing was amazing!" said Ana del Llano, informant campaign coordinator for the ACLU Drug Law Reform Project. "We are hoping that when Congress comes back from recess in September, we will be able to have a bill filed."

Advocates are focusing on a number of reforms surrounding the use of informants:

  • guidelines on the use and regulation of informants' corroboration;
  • reliability hearings, pre-warrant and pre-sentencing;
  • performance measures;
  • data collection;
  • requiring federal agents to notify state and local law enforcement when they have evidence that their informant committed a violent felony, or evidence that an accused person is innocent;
  • placing conditions on federal funding that will require state and local police to follow the provisions of this legislation.

It's about time -- both for hearings and for the passage of legislation to rein in the snitches, said Nora Callahan, director of the November Coalition, a drug reform group that concentrates on federal drug war prisoners. "The informant system is a secret, hidden policing system," she said. "When queried, most police departments, federal, state and local, don't have any written policy or procedures with regard to their use of informants. How dependent is law enforcement on a system of snitches? Police departments can't give us data on snitches. Researchers have discovered that about 90% of search warrants are granted by judges who see nothing more than an officer's statement from a confidential informant. They bust down doors on words of people trading information for police favors."

The system is truly pernicious, Callahan argued. "Some psychologists teach police departments how to turn people into cooperators, also called informers or snitches. It's time, the threat of long years in prison, that reduces people to rolling over on their mothers, or their best friends," she said.

Now, at long last, Congress may intervene. But last month's hearing was only the beginning.

Watch the entire hearing online and read official written testimony here.

Southwest Asia: State Department Says US Afghanistan Drug Policy Will Shift, But Not Much

In a meeting last week with "a select group of Washington analysts," Thomas Schweich, Acting Assistant Secretary for the Bureau of International Narcotics and Law Enforcement Affairs, conceded that US efforts to destroy the Afghan opium industry had achieved only "mixed results" and said that the Bush administration would adjust its policies to be more effective. But Schweich's remarks suggested that any changes would be at the margins.

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Chronicle editor Phil Smith interviewed former opium-growing Afghan farmers outside Jalalabad in fall 2005
Afghanistan last year produced more than 90% of the world's opium, and increased production by 49% to more than 6,700 metric tons. This year's crop is expected to be even larger. Profits from the opium trade are widely believed to fund the resurgent Taliban insurgency, as well as line the pockets of warlords, governors, and government officials. But the crop is also a mainstay of the nation's economy and a lifeline to hundreds of thousands of Afghanistan's farmers struggling to feed their families.

In remarks reported by EurasiaNet, a news and information service for Central Asia and the Caucausus operated by the Open Society Institute, Schweich said that it would take at least five years to bring Afghan opium production "under control," but that completely eliminating it would be "impossible." Alternative crops for opium farmers had not been found and proposals to legalize production for the medicinal market were "impractical," he said.

Eradication had been a disappointment, Schweich said, a not surprising admission given large annual increases in the poppy crop in recent years. Schweich implicitly criticized the Afghan government for its limited success in eradication, saying manual and mechanical eradication techniques can at best eliminate 10% of the crop, while Washington wants to see that figure climb to 25%. Washington is itching to use aerial eradication against the poppy crop, but the Karzai government has so far demurred.

Still, he said, the administration's five-point Afghan anti-drug plan was fundamentally correct:

  1. waging an effective public information campaign;
  2. providing opium farmers with alternative and legal opportunities for earning their livelihood;
  3. enhancing the capacity of Afghan law enforcement agencies to prosecute major narco-traffickers through their imprisonment or extradition;
  4. eradicating opium crops; and
  5. interdicting the flow of narcotics within and beyond Afghanistan.

The program is heavy on law enforcement and eradication, an approach that has so far yielded meager results. Since Schweich has already admitted that there are no good alternative crops, it appears US opium policy in Afghanistan will continue to rely on propaganda, some big sticks, and very few carrots.

Marijuana: Yesterday Marked 70 Years of Federal Pot Prohibition

It was 70 years ago yesterday that Congress passed the first federal law outlawing marijuana. The law, the Marijuana Tax Act of 1937, effectively banned the weed by establishing onerous taxes on buyers, sellers, producers, and prescribers and creating draconian penalties for noncompliance.

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1930's ''Reefer Madness''-style film poster
The subsequent seven-decades of marijuana prohibition have seen a vast increase in the drug's popularity and acceptance, even as it remains a lightning rod for conservative culture warriors determined to smite the hippies. Around 100 million or more adult Americans have smoked marijuana at least once, and some 16 to 20 million are regular consumers today.

According to researcher Jon Gettman, marijuana is now the nation's largest cash crop, accounting for more agricultural income than wheat, corn, and soybeans combined. It is also grist for the law enforcement mill, with some 800,000 marijuana arrests in 2005, nearly 90% of them for simple possession.

While about a dozen states have decriminalized marijuana possession, only one of them, Nevada, has done so in recent years. The others came in a wave of reform in the 1970s. Similarly, a dozen states have legalized the medicinal use of marijuana, but those measures are ignored by federal drug enforcers.

"It's hard to think of a more spectacularly bad, long-term policy failure than our government's 70-year war on marijuana users," said Rob Kampia, executive director of the Marijuana Policy Project. "Since the federal government banned marijuana in 1937, it's gone from being an obscure plant that few Americans had even heard of to the number-one cash crop in the United States. It's time to steer a new course and regulate marijuana like we do alcohol."

This week, we commemorate the beginning of federal marijuana prohibition. We would much rather be writing its obituary.

For a good laugh -- or cry -- read Prof. Charles Whitebread's recounting of the history of the marijuana laws, describing the incredibly shoddy way the debate on the issue was handled.

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