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Drug Use: Prescription Pills Up, Cocaine and Meth Down, Marijuana Holds Steady

Nearly 20 million Americans used illicit drugs in the month before responding to an annual national survey last year, according to the Substance Abuse and Mental Health Services Administration (SAMHSA). That figure includes not only illegal drugs, but also prescription drugs used for non-medical purposes. The numbers come from the National Survey on Drug Use and Health, which interviewed 67,500 people for its annual report.

The numbers for overall drug use are similar to those for recent years, although the survey reported marginal declines in cocaine and methamphetamine use among young people. Among 18-to-25-year-olds, cocaine use dropped to 1.7%, down 23% from 2006, while meth use dropped to 0.4%, down about a third from 2006.

Drug control officials attributed the decline to increased interdiction and enforcement leading to higher prices. But the decline could reflect the generational learning curve typically observed in drug use patterns over time.

The declines in illegal stimulant use were countered by an increase in the non-medical use of prescription pain pills. According to the survey, 4.6% of young adults reported using pain pills for non-medical reasons last year, a 12% increase over 2006.

Marijuana remains by far the most commonly used illicit drug, with an estimated 14.4 million people reporting use in the previous month. That is about 5.8% of the population, down slightly from 6% in 2006.

Baby boomers moving into their fifties are taking their drug habits with them, according to the survey. Illicit drug use among those 55 to 59 more than doubled to 4.1% last year.

Despite millions of drug arrests and hundreds of billions of dollars spent enforcing drug prohibition in the past three decades, drug use levels remain roughly where they have been for the entire period.

How Much More Public Support Does Medical Marijuana Really Need?

CNN hosted an interview with House Speaker Nancy Pelosi on Wednesday which featured democratically elected questions courtesy of the popular website Digg.com. Unsurprisingly, one of the top questions was about marijuana policy reform. Here is her response (it’s the 3rd question):



Obviously, Pelosi is very supportive of medical marijuana and despite her pessimism about achieving full-scale legalization, she didn’t actually say she opposed it. Ideologically, I’d have to say this was pretty good coming from the Speaker of the House. But, as Paul Armentano points out, Pelosi’s advice to supporters of medical marijuana just doesn’t add up. She laments Congress’ intransigence on the issue and encourages constituents to contact their representatives, as though this is all just a matter of showing politicians where the people stand.

Alas, we kinda tried that already. Public support for medical marijuana has been overwhelming for a long time. Reformers are 9-1 when it comes to passing state-level medical marijuana laws at the ballot box. State legislatures in Hawaii, New Mexico and Rhode Island have passed laws to protect patients, drawing praise from constituents. The only memorable instance of a politician being damaged for his position on medical marijuana involved Bob Barr, who lost his House seat following attacks for opposing medical marijuana. He’s come around since then.

What, other than legalizing medical marijuana in a dozen states, could the people possibly do to show the politicians in Washington, D.C. that we’re serious about this? You want us to go legalize medical marijuana everywhere else in America? We’ll do it. You want more research proving that it works? Let us know when you’re done reading what we’ve already given you, and we’ll gladly send the rest. Worried about the message to young people? Teenage use is down in states with medical marijuana laws.

You see, our feet are tired. Our throats are hoarse. Our keyboards are cracking, our sharpies are dry and we’re almost out of posterboard. With all of that in mind, Nancy Pelosi, since you do agree with us and you’re the Speaker of House now, we were hoping there might be something else you could do.

Feature: Afghan Opium Production Declines Slightly From Record Levels

With the West's occupation of Afghanistan now nearing the seven-year mark and plagued by an increasingly powerful and deadly insurgency revitalized by massive profits from the opium trade, Western officials gained some small solace this week when the United Nations announced that opium production there had declined slightly from last year's record level. But the small decline comes as the Taliban and related insurgents are strengthening their grip on precisely those areas where opium cultivation is highest, and the light at the end of the tunnel is, at best, only a distant glimmer.

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2008 Afghan opium cultivation chart from the UN report
According to the UN Office on Drugs and Crime (UNODC) Afghanistan Opium Survey 2008, released Tuesday, total Afghan opium production this year will be 7,500 metric tons, down 6% from last year's all-time record of 8,200 tons. Also, according to the survey, the amount of land devoted to opium production declined 19%. The UN said the total crop had decreased by a smaller number than the amount of land because farmers in key opium-producing provinces were producing bumper crops.

The UN attributed the decline in production to drought conditions and the efforts of a small number of Afghan governors and tribal and religious leaders to persuade farmers to give up the illicit crop. It also crowed that the number of opium-free provinces in the country had risen from 13 to 18, although it failed to mention that farmers in those provinces had, in many cases, merely switched from growing poppies to growing cannabis.

This year, almost all opium cultivation -- about 98% -- is now concentrated in seven provinces in south-west Afghanistan that house permanent Taliban settlements and are home to related trafficking groups that pay taxes to various Taliban factions on their opium transactions. The Taliban is making between $200 and $400 million a year off taxing poppy farmers and traders, Costa said earlier this year. In the report, Costa referred to Helmand province, one of the most Taliban-dominated in the country. "The most glaring example is Helmand province, where 103,000 hectares of opium were cultivated this year -- two thirds of all opium in Afghanistan," Costa wrote. "If Helmand were a country, it would once again be the world's biggest producer of illicit drugs."

The UN said that manual eradication played almost no role in the decline, affecting only about 3% of the crop. What manual eradication did accomplish was the deaths of some 77 anti-drug workers and police at the hands of insurgents and angry farmers. On Wednesday, Costa told Afghan President Hamid Karzai that he should abandon manual eradication as useless and even counter-productive.

While Afghan poppy production is down slightly, it still surpasses global demand for its illicit end products. And after several years of crops greater than global demand, it is likely that Afghan traders are sitting on huge stockpiles of opium, so even if production were to be slashed substantially, it would cause no significant disruption in the global markets for opium and heroin.

Still, with the war news from Afghanistan seemingly growing worse by the day, UN and Western officials were eager to jump on any good news they could find. "The opium flood waters in Afghanistan have started to recede," Antonio Maria Costa, the executive director of the Vienna-based UNODC, wrote in the report. "This year, the historic high-water mark of 193,000 hectares of opium cultivated in 2007 has dropped by 19 percent to 157,000 hectares."

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Chronicle editor Phil Smith interviewed former opium-growing Afghan farmers outside Jalalabad in fall 2005
The Bush administration welcomed the report, saying it provided vindication for its much-criticized anti-drug policies in the country. But a State Department spokesman told the Washington Post, "the drug threat in Afghanistan remains unacceptably high. We are particularly concerned by the deterioration in security conditions in the south, where the insurgency dominates."

The US Agency for International Development (USAID), in charge of efforts to provide alternative development for farmers as part of the broader US counter-drug and counter-insurgency strategy, also looked for the silver lining in the storm clouds over Afghanistan. Its efforts are "paying off for Afghanistan in the war against poppy production," it said in a press release Tuesday.

The British foreign office also joined the chorus, with FCO Minister Lord Malloch-Brown releasing a statement welcoming the report's findings. "This shows that the Afghan government's Drug Control Strategy is starting to pay dividends," he said.

Still, Malloch-Brown warned there is a long way to go. "However, there is no room for complacency," he said. "Afghanistan is still the world's biggest supplier of heroin. High cultivation levels are concentrated in the unstable south, where we are working with the government of Afghanistan, local governors, and international partners to build security and governance."

Other, non-governmental observers were much less sanguine about what the slight decline in opium production signified. "I don't think there has been any real progress made at all," said Raheem Yaseer, assistant director of the University of Nebraska-Omaha Center for Afghanistan Studies. "But there has been so much money and pressure invested that they feel they have to justify their efforts. It's true that cultivation has ended in some provinces, but other areas are compensating for that."

A large part of the problem is that too many important players are involved and profiting from the trade, said Yaseer. "There are lots of strong, powerful people involved -- influential people in the Afghan government, governors, parliamentarians, provincial police commanders -- and unless they are suppressed, nothing will change. There is lots of concern expressed, but the business is hot and everyone is making money," he said.

Yaseer also pointed to the increasing ability of insurgents to wreak havoc. "Security is horrible, it's getting worse and worse precisely in those growing areas, and where the security gets worse, there are more opportunities for the drug business," he said. "Everyone takes advantage of the lack of security and the chaos."

The UNODC reports provides only "false hope," said the Senlis Council, the Paris-based drugs and security nonprofit that has long proposed buying up illicit poppy crops and diverting them into the licit medicinal market as a means of getting a handle on illicit production and the support for political violence it provides.

"Opium is the cancer destroying the south of Afghanistan," said Emmanuel Reinert, the group's executive director in a Wednesday statement. "Current counter-narcotics policies are failing to address the loss of the southern provinces to the dual scourges of poppy production and terrorism."

The decrease in poppy cultivation will have a minimal effect on the drugs trade, given the exponential growth in opium production since 2002. "This decrease is no more than a ripple in the ocean," Reinert added. "Without an urgent change of direction in the country's counter-narcotics policies, the international community will be unable to prevent the consolidation of opium production in the south of the country, and the consolidation of the Taliban which is financed by the illegal drugs trade."

Instead of pushing farmers into the waiting arms of the Taliban and related insurgent groups by pursuing crop eradication, the West and the Afghan government should revisit the Senlis proposal, which was rejected out of hand when introduced in 2005, said Senlis policy analyst Gabrielle Archer. "It is clear that a long-term, sustainable solution is required to solve Afghanistan's opium crisis -- and prevent the insurgency's funding by illegal cultivation," she said. "Poppy for Medicine would allow farmers to diversify their crops, and give Afghanistan an opportunity to be part of a legal pharmaceutical industry. We need the Afghan people on our side if we are to be successful there, and this initiative could go a long way to winning back much-needed hearts and minds, which would be highly beneficial for our troops fighting there."

The hearts and minds of the Afghan population are turning increasingly against the West and the country's occupation by foreign troops, warned Yaseer, ticking off a seemingly endless series of incidents where Afghan civilians have been killed by coalition forces, the most recent being the reported deaths of 90 civilians -- 60 of them children -- in a NATO bombing raid last week. That raid prompted Afghan President Hamid Karzai to call this week for a reevaluation of the foreign military presence in his country.

"Everyday there are new uproars in parliament and local councils," said Yaseer. "They say there is no difference between the Soviets and the coalition forces. They bombard whole villages in the middle of the night because they hear four or five Taliban are there. These killings keep happening all the time, and people are fed up with it. This is all developing very rapidly now. 'Why did you bring this war to Afghanistan?' the people ask. The gap between the people and the government is growing larger every day," Yaseer said.

With coalition military casualties on the rise, the Taliban grown fat off opium profits and ever more aggressive, and growing hostility to the West in the Afghan population, a minor down-turn in opium production doesn't look so impressive.

Harm Reduction: Funds Begin to Flow to DC Needle Exchange Programs

Eight months after Congress voted to end a decade-long ban on the use of federal funds for needle exchange programs (NEPs) in the District of Columbia, money is starting to flow to the programs in the city with the nation's highest rate of HIV. District officials had announced almost immediately after the congressional vote that they would fund NEPs in an effort to control the spread of the disease among injection drug users.

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PreventionWorks! at work (screen shot from nytimes.com '''slide show,'' June '07)
Now, according to the Washington Times, funding is finally reaching the city's NEPs. The city will spend $700,000 a year on NEPs, with the city's largest program, PreventionWorks!, getting $300,000 a year.

According to a DC HIV/AIDS Administration 2007 report, injection drug use is the second most common mode of acquiring the HIV virus after unprotected sex, and the District has some 10,000 injection drug users.

DC NEP advocates have long argued that the federal funding ban left them starved for funds and unable to adequately address the injection drug using population. PreventionWorks!, for example, has had to scrape by on private contributions, limiting the work it has been able to do.

The need is obvious and so is the response, Ken Vail, the group's executive director, told the Times. "If you want to reduce the spread of HIV... you put more syringes out there," he said.

Feature: California Attorney General Issues Medical Marijuana Guidelines -- Mostly Good But Some Problems, Say Advocates

After more than a decade of roiling confusion over what California's groundbreaking medical marijuana law and subsequent enabling legislation do and do not allow, state Attorney General Jerry Brown sought to clarify matters Monday by issuing a long-awaited set of guidelines for patients, providers, and law enforcement. In addition to clarifying what is permissible under state law, Brown also hoped to damp down the ongoing conflict between state and federal authorities over medical marijuana in California.

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California medical marijuana bags (courtesy Daniel Argo via Wikimedia)
Under the guidelines, medical marijuana dispensaries must operate as not-for-profit collectives or cooperatives, and are prohibited from buying marijuana from growers who are not themselves patients or registered caregivers. The only fees dispensaries can collect are those covering overhead and operating expenses.

The guidelines strongly urge patients to obtain state medical marijuana ID cards and advise police to accept such cards as proof of legitimate medical need. The guidelines also call on police to return seized marijuana to patients who are later proved to be legitimate. They prohibit medical marijuana patients from lighting up near schools and recreation centers or at work, unless employers approve.

Affirming that California's medical marijuana law is not preempted by federal law, the guidelines further direct "state and local law enforcement officers [to] not arrest individuals or seize marijuana under federal law" when an individual's conduct is legal under state law.

But while providing protections to patients and non-profit dispensaries organized as co-ops or collectives, the guidelines could provide a green light for law enforcement to go after the store-front dispensaries that have sprung up like mushrooms in some areas of the state. In ballyhooing a Friday raid against a Northridge dispensary by California Bureau of Narcotics Agents, Brown signaled Monday that a crackdown could be looming.

Accusing the Today's Healthcare dispensary and its operators of criminal behavior by operating a profitable business, Brown went on the offensive. "This criminal enterprise bears no resemblance to the purposes of Proposition 215, which authorized the use of medical marijuana for seriously sick patients," he said. "Today's Healthcare is a large-scale, for-profit, commercial business. This deceptively named drug ring is reaping huge profits and flaunting the state's laws that allow qualified patients to use marijuana for medicinal purposes."

California law enforcement pronounced itself pleased with the guidelines. Fresno Police Chief Jerry Dyer, president of the California Police Chiefs Association, praised Brown for promulgating them. "Since Proposition 215 was passed, the laws surrounding the use, possession and distribution of medical marijuana became confusing at best. These newly established guidelines are an essential tool for law enforcement and provide the parameters needed for consistent statewide regulation and enforcement."

Despite the apparent threat to non-compliant dispensaries and their suppliers, most medical marijuana advocates also pronounced themselves generally satisfied with the guidelines. The medical marijuana defense group Americans for Safe Access has been working with Attorney General Brown and his predecessor, Bill Lockyer, for several years in an effort to see guidelines promulgated. ASA spokesman Kris Hermes said this week that while the guidelines are not perfect, they are a step in the right direction.

"We've been urging them to come out with an official statement that can direct law enforcement and stop what has been rampant disrespect for state law in some areas," he said. "From that perspective, the guidelines are a huge step forward. They provide a blueprint for local law enforcement to develop sensible policies around patient encounters, and they recognize the validity and law-abiding nature of medical marijuana dispensaries in California. That's huge," said Hermes. "These guidelines are a boon for patients, police, and everyone else in the state and will greatly advance the implementation of state law."

"Given the vagueness of the initiative and the statutes, the guidelines are pretty good," said Bruce Mirken, San Francisco-based communications director for the Marijuana Policy Project. "They establish parameters within which the distribution of medical marijuana is to be treated as legitimate and legal. That's important because some prosecutors have been adamant that there is no legal authority for dispensaries -- period. This cuts the legs out from under them," he said.

"They were about what we expected," said Dale Gieringer, head of California NORML. "Most of the guidelines are consistent with what our attorneys have been saying and advising their clients to do all along. There are a few problem areas, but these guidelines will help fill the vacuum."

One problem Gieringer pointed out was that the guidelines say dispensaries may possess and distribute only lawfully cultivated marijuana, and that they cannot purchase from or sell to non-members. "There is nothing in either federal or state law against purchasing marijuana, so we don't see any legal basis for saying it's illegal to buy from outside vendors," he said.

Another potential problem is that the guidelines say that co-ops and collectives should document their activities and record the source of the marijuana they purchase, Gieringer said. "That is going to be problematic until we have some assurance of protection from being arrested by the DEA, and we don't want to see the cops come in and seize the records, and then bust the growers."

"While there is much about the guidelines that is positive, we also have some worries about some of the dispensary language," Mirken said. "Requiring dispensaries to be non-profit is just silly. Is Jerry Brown going to demand that Walgreen's and Riteaid become charities, too? If society thinks private enterprise and the profit motive are a logical way to distribute goods and services, why not medical marijuana?"

Still, said Mirken, the guidelines are a step in the right direction. "Given that we have all these issues here in California, anything that moves us in the direction of an orderly system with some legal clarity is a good thing. When you have local authorities who just don't like medical marijuana and are looking for an excuse to bust people, which some of them have been doing all along, this is going to provide protection."

But at least one Bay Area dispensary operator was not so impressed. "Let's see how it all plays out," said Richard Lee, proprietor of Oakland's Bulldog Coffee Shop and SR-71 dispensary and key promoter of the Oaksterdam scene. "Hopefully, it will help people in more repressed redneck areas and not hurt people in more progressive areas like Oakland and San Francisco."

Although Brown's guidelines call for dispensaries to be organized as co-ops or collectives, Lee has not incorporated in that manner and has no plans to. "We've been here eight years," he said. "We were here before they even passed SB 420. Oakland has a system that allows reasonable profits; it's set up for the clubs to run like any other business, and we are fine with that. Does Jerry Brown really want to come in and mess with Oakland's system that works?"

While the guidelines could result in a temporary decrease in the number of dispensaries as non-compliant ones either close their doors or have them closed for them by law enforcement, the end result will most likely be more dispensaries opening in areas of that state that are currently underserved because of local law enforcement or official hostility.

"I'm not too worried about a short term decrease in the dispensaries if it brings a little more rigor," said Gieringer. "Things have been fast and loose, and we have some rogue operators who wouldn't normally be operating in a legal market. We will lose some of those people, which could result in a short term decrease in availability, but in the medium term, this should be balanced out by the increase in availability in currently underserved areas."

While not everyone is happy with all aspects of the guidelines, the state of California has now taken a big step toward legitimizing its medical marijuana industry, reducing the confusion surrounding the state's medical marijuana law, and sending a strong signal to the DEA that it intends to police itself.

Law Enforcement: LEAP Barred From Asian-American Cops Meeting in Virginia

Law Enforcement Against Prohibition (LEAP), the 10,000-strong organization of police, judges, prosecutors, DEA and FBI agents, and others calling for an end to drug prohibition, was declared persona non grata at the conference of the National Asian Peace Officers Association (NAPOA) in Crystal City, Virginia, on Tuesday. LEAP member Howard Wooldridge--best known as the guy in the cowboy hat with the "Cops Say Legalize Drugs" t-shirt--was forced to remove himself and his booth from the conference after federal agents there complained about his presence, LEAP said in a Wednesday press release.

According to the press release: "Acting under pressure from unnamed federal officials, Reagan Fong, president of the NAPOA, insisted on the immediate removal of LEAP from the conference vendor roster. It appears that some of the event's other exhibitors took exception to the LEAP message and put pressure on the event organizer to expel LEAP from the event."

Wooldridge reported that federal agency representatives, including DEA, Federal Air Marshals, and the Coast Guard had vendor booths at the conference. On Monday, Wooldridge visited the DEA booth and described the DEA agent there as "decidedly unhappy" with having to hear an opposing viewpoint.

Although NAPOA head Fong has not yet responded to LEAP requests for clarification and rectification, LEAP believes he took the action at the request of the DEA agent. LEAP is asking for an apology and demanding that Fong reveal the identity of the agent who leaned on him.

"We ask that Mr. Fong identify the individual, agency or group that lobbied for our eviction from the event," LEAP said. "If this was an independent effort then he or she was acting outside the scope of authority and should receive administrative punishment for unprofessional actions. If this action was sanctioned by upper level management then the managers need to explain their behavior in an open forum. If this was sanctioned official action by the US government it is a serious matter which requires serious and immediate attention."

Southeast Asia: DEA Bringing Drug War Tactics to Vietnam

DEA agents are in Vietnam this month to train Vietnamese anti-drug officers how to conduct drug raids American-style, but local UN officials say you can't police your way out of a drug problem. Still, that's not stopping the American drug warriors from teaching door-kicking-in and other skills they consider necessary for their paramilitarized approach to drug law enforcement.

According to a report from Voice of America radio, DEA agents like Joe Boix, the agency's head firearms and tactical instructor in the state of Arizona, are showing the Vietnamese how it's done back home. As Boix watched, a column of masked Vietnamese police practiced raiding a drug den.

"Someone needs to be on that side of the door," said Agent Boix. The agents kicked in the door and enter the room. "Protect your back. Turn around now," continued Boix.

"The drug problem is an international problem, and it's killing children, and it's killing families, and it's all the same no matter where you go," Boix told VOA.

Although Vietnam is not a drug producer, it has seen rising levels of heroin addiction since it opened itself to foreign trade two decades ago. Amphetamines and ecstasy are also popular. But the DEA isn't particularly concerned about drug use in Vietnam; rather, it wants to crack down on the use of the country as a transshipment point in the global drug trade.

"Our main thrust is to go after the international organizations. We'll help them out. That's what this training is for, to help them deal with their internal problem. But we want to go after the bigger organizations, the large ones, international in scope," said Jeff Wanner, the DEA officer at the US Embassy in Hanoi.

While training exercises like the one now on-going may help increase cooperation between US and Vietnamese law enforcement, it is unlikely to reduce drug use rates in Vietnam, and may even exacerbate problems related to drug abuse, said Jason Eligh, a harm reduction specialist at the UN Office on Drugs and Crime Hanoi office.

"If police enforcement is extremely strong, extremely rigid, concerned about stopping all things related to drugs, imprisoning people, imposing strict fines, that's going to cause heroin users to flee from authority, Eligh told VOA. "In Vietnam, drug use is classified as a social evil and as a crime. Where there's strong enforcement, you're seeing drug users not want to engage in services," he said.

When tough law enforcement drives drug users underground, the result can be higher rates of HIV infection, Eligh said. Nor was he particularly enamored of the current Vietnamese approach to drug users, which is to intern them in mandatory rehabilitation camps, generally for two years, but sometimes for as long as five years, but then offers few services once drug users go back home.

"There are a number of better ways of dealing with drug dependence, and this is not one of them. Certainly methadone is by far the best approach to heroin dependence that we have in the world today," said Eligh.

Vietnam recently began implementing its first methadone maintenance programs. That's a more progressive and humane approach than either the rehab camps or American-style drug raids.

Feature: Feds Score Another Conviction Against a California Medical Marijuana Dispensary Operator

In a trial that garnered national attention because of the conflict between state and federal marijuana laws, a federal jury in Los Angeles Tuesday convicted the owner of a Morro Bay medical marijuana dispensary on five counts of violating federal drug laws. As was the case in previous federal prosecutions, the defense was not allowed to mount a medical marijuana defense or even mention the words "medical marijuana" during the course of the trial.

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Charlie Lynch (from friendsofccl.com)
Charles Lynch, 46, operator of Central Coast Compassionate Caregivers in San Luis Obispo County, faces a minimum of five years in prison and as many as 85 years after being found guilty of distributing more than 100 kilograms of marijuana, some of to people considered minors under federal law.

Federal prosecutors portrayed Lynch as a mercenary drug dealer, toting around backpacks full of cash and selling dope to minors. One minor, Owen Beck, actually took the stand in Lynch's defense. Beck suffers from bone cancer, and accompanied by his parents, he would visit the dispensary to purchase medical marijuana recommended to him by his Stanford University oncologist. But as soon as Beck mentioned that he was ill, Federal District Court Judge George Wu blocked his testimony.

In an interview with the Los Angeles Times after reaching a verdict, jury forewoman Kitty Meese said jurors understood Lynch was no run-of-the-mill drug dealer, but that federal law made no provision for dispensary operators. "We all felt Mr. Lynch intended well," Meese said. "But under the parameters we were given for the federal law, we didn't have a choice." She added, "it was a tough decision for all of us because the state law and the federal law are at odds."

Lynch had run the dispensary in compliance with state law and with the blessing of local officials in Morro Bay, but after a fruitless, year-long investigation by San Luis Obispo County Sheriff Pat Hedges failed to find any violations of state law, the sheriff invited the DEA to come and raid the dispensary. The DEA did just that last year, and a few months later a federal grand jury indicted him.

Lynch is only the latest of at least six dispensary operators convicted under the federal drug laws, and his dispensary is but one of the dozens raided by the DEA in the last couple of years. With federal juries blocked from hearing about or considering the state's medical marijuana laws by federal judges in those cases, convictions are all but a foregone conclusion.

"This just goes to show the difficulty of getting a fair trial on this in federal court," said Dale Gieringer, head of California NORML. "The feds are batting a thousand when it comes to getting convictions in these cases. You cannot get a fair hearing."

"Charley got steamrolled by the federal government," said San Luis Obispo attorney Lou Koory, who represented Lynch in his dealings with local officials. "It's just not a fair fight when you can't tell the whole story," he said.

"The jury selection process revealed that potential jurors in Los Angeles had major questions about why the feds would be prosecuting someone like Charley when there are several dispensaries operating within walking distance of the courthouse there," Koory pointed out. "Those jurors were dismissed for cause, so we were left with citizens who were apparently not concerned about the federal government's actions in this case and who felt compelled to follow the judge's instructions."

"When you have things like Owen Beck being prevented from testifying, that only escalates the tragedy of this case," said Kris Hermes, spokesman for the medical marijuana defense group Americans for Safe Access. "The jury was not allowed to hear the whole truth in the larger context of the state law," he said.

Hermes was quick to point out that Lynch was not the only victim of the DEA and its local law enforcement collaborators. "When Charles was raided, his was one of the only facilities in the whole region," said Hermes. "Now patients have to go much longer distances, sometimes hundreds of miles, to get their medicine. Not only has this destroyed Charlie's life, it has worsened the lives of hundreds of patients."

With the deck stacked against dispensary operators in these federal prosecutions, activists and advocates are looking for ways to change the status quo. Some involve fighting back against recalcitrant law enforcement officials like Sheriff Hedges, others looks to greater help from state officials, while still others are turning a jaundiced eye on the federal marijuana laws.

At least one of Lynch's patients has filed suit against Hedges, alleging that he violated patients' privacy protections by seizing patient records and violated both her state and federal constitutional rights by doing an end run around state law.

"The sheriff couldn't get a state search warrant, so he calls in the DEA and participates in the raid," said Koory. "In return for serving up Charley on a silver platter, the sheriff got access to all the evidence, including patient records," he explained. "The dispensary was a rock in the sheriff's shoe, so after a year's worth of failed investigation, Sheriff Hedges invited the DEA to come up to Morro Bay and raid the dispensary. That's the real story here."

While the idea of suing sheriffs sounds appealing, it's a long-shot, said Hermes. "They are certainly subject to litigation if someone wants to file a lawsuit against a local official for cooperating with the federal government, but it's a difficult legal challenge," he said. "There is no law that prohibits local law enforcement from cooperating with the feds. What officials like the sheriff are doing is wrongheaded, harmful, and unnecessary, but it will be difficult to win, I think."

In the meantime, said Hermes, there are other avenues to pursue in reining in renegade local officials. "One thing would be to get a pronouncement from Attorney General Jerry Brown directing law enforcement on appropriate conduct around these issues. We're expecting that to happen soon," he said. "Absence of direction from the attorney general has made it easier not only for federal law enforcement to come in and undermine the implementation of state law, but also to make it easier for local law enforcement to help in that effort."

Hermes said that recent state court decisions, including last week's slap-down of San Diego County's challenge to the law (see related story this issue) are also helping define the playing field. "We've had multiple appellate court rulings declaring the state's medical marijuana law is not preempted by federal law, that the two can coexist, and that local law enforcement should be upholding state law and not federal law," he said. "Between these rulings and the pending guidelines from the attorney general, there will be less and less wiggle room for local law enforcement to skirt the law."

There is also the ballot box. Sheriffs are elected officials, and they could be challenged at the voting booth over their medical marijuana misbehavior, but ASA's Hermes couldn't recall a case where someone was either defeated or elected over the issue. "It is certainly an issue to bring up in sheriffs' races," he said. "If there are renegade law enforcement officials trying to skirt state law, we can try to make them feel the political heat."

Still, Hermes predicted that given the state court rulings, the pending guidelines from the attorney general, and new set of faces in Washington next year, the renegade law enforcement problem will probably recede. "If it continues to happen," he said, "there will be a political battle I think public officials will be sorry they got into. I think we will see less and less cooperation between local law enforcement and the feds on this."

A new administration in Washington could make a huge difference, Hermes said. "If we elect Obama, and he follows through on his promise to end federal raids on dispensaries, then we will hopefully see less federal activity here in California."

But the ultimate solution is changing the federal law around marijuana. Legalization, decriminalization, rescheduling marijuana out of Schedule 1, or even passage of the Hinchey-Rohrabacher amendment, which would cut off funds for federal raids in medical marijuana states, are some of the steps that could be taken.

"We need to see either marijuana rescheduled as something other than Schedule 1, or the US Supreme Court's Raich decision needs to be revisited and overruled. The logic behind that decision -- that medical marijuana grown, distributed, and consumed within California affects interstate commerce -- is a stretch at best," said Koory.

"What we need is a comprehensive federal policy in the US," said Hermes. "Rescheduling or passing Hinchey would be easier than passing either decriminalization or legalization, but we would welcome any of those. We'll be working for a sweeping federal policy that includes rescheduling, further research, and allows for safe access to medical marijuana for patients all across the country."

Until the federal marijuana laws are reformed or eliminated, medical marijuana patients are not safe. Instead, they will be subject to the whims and political proclivities of whoever has hold of the levers of power in Washington.

Click here to watch Drew Carey's video about Charlie Lynch, on Reason TV.

Don't let Congress get away with it

 

Tell Congress to Stand Up for Students


Tell your representative and senators that you are tired of the same old "Drug War" politics.
http://www.ssdp.org/speakup/

 

Dear friends,

Congress failed us.

Despite a decade-long campaign by Students for Sensible Drug Policy, supporters like you, and a large and powerful coalition of more than 500 prominent organizations, Congress finally reauthorized the Higher Education Act (HEA) last week but chose to ignore our demands that they overturn the provision that strips financial aid from college students with drug convictions.

How come?

Outrageously, staffers on Capitol Hill are telling us that some members of Congress were terrified of facing negative attack ads calling them "pro-drug" if they voted for a bill reinstating aid to students with drug convictions.

Even as Congress was debating the HEA bill last week, Rep. Mark Souder (R-IN), the author and chief proponent of the aid penalty claimed on the House floor that his precious provision "has been much aligned [sic] by ***pro-drug groups*** around the country."

So you can see that one of the major roadblocks to reform is the false conventional wisdom that voters will punish politicians who do the right thing by repealing harmful and ineffective drug laws. 

It's up to reformers like you and me to smash this false conventional wisdom by standing up and showing politicians that they will actually win votes for doing the right thing (and that, conversely, we may punish them at the polls for letting their unfounded fears stand in the way of progress).  After all, it is this anti-education penalty itself that causes more drug abuse, right?

So no matter how many times you have taken action on this issue in the past, please take just one minute to edit and send a pre-written letter to your representative and two senators demanding that Congress stop letting senseless political fears keep deserving and hardworking students out of school.

Click here right now to take action. http://www.ssdp.org/speakup/

And please make sure you forward us any responses you get from your legislators so we can track who is standing in the way of change.  Send those important responses to letters@ssdp.org when you get them.

Despite this setback, SSDP and our coalition allies are as determined as ever to see this senseless penalty repealed.  We are already planning our strategy for the next Congress and presidential administration, and remain optimistic that despite the barriers we have yet to overcome, we will ultimately restore financial aid to the more than 200,000 students impacted by this penalty.  In the meantime, members of Congress need to continue to hear an unwavering message from constituents that the public will not stand idly by as our elected officials continue to deny access to education in the name of the so-called "War on Drugs."

If we don't speak up and demand change when legislators need to hear it most, who will?  Please take action today. http://www.ssdp.org/speakup/

Thanks for all that you do,
Tom Angell
SSDP Government Relations Director

P.S. If you'd like to see SSDP continue to work on this and other issues, let us know by making a donation today. http://www.ssdp.org/donate

P.P.S. If you are a student wishing to get involved in fighting back against Drug War attacks on youth, contact us about starting an SSDP chapter: http://www.ssdp.org/chapters/start

Congress to skip vote on medical marijuana this year

[Courtesy of Marijuana Policy Project] 

Dear friends:

Congress has recessed for the summer without voting on the medical marijuana amendment that Congressmen Maurice Hinchey (D-N.Y.) and Dana Rohrabacher (R-Calif.) offer every summer. Unfortunately, this means the amendment will not come up for a vote this year — the first year since 2002.

If passed, the amendment would have prevented the Justice Department — which includes the DEA — from interfering with the medical marijuana laws on the books in 12 states.

Congress decided that rather than considering the Justice Department's annual spending bill, which contains thousands of funding requests and issue-oriented amendments, Congress will instead simply vote to allow this year's funding levels to carry over until next year.   

However, there are two other pieces of legislation in Congress that your U.S. House member needs to hear from you about:

1. The Medical Marijuana Patient Protection Act of 2008 (H.R. 5842) would give states greater authority to determine their own medical marijuana policies.

2. The Personal Use of Marijuana By Responsible Adults Act of 2008 (H.R. 5843) would remove federal penalties for possessing up to 3.5 ounces of marijuana.

Would you please take one minute to visit MPP's online action center and ask your U.S. House member to co-sponsor these two bills?

Meanwhile, we're also gearing up for the changed — and more favorable — political climate that we can expect from a new presidential administration and Congress next year. You'll be hearing more from us about our plans for 2009 in the coming months.

As always, thank you for your support.

Sincerely,
Kampia signature (e-mail sized)

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

P.S. As I've mentioned in previous alerts, a major philanthropist has committed to match the first $3.0 million that MPP can raise from the rest of the planet in 2008. This means that your donation today will be doubled.

Location: 
Washington, DC
United States

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