Disorder

RSS Feed for this category

Feature: Drug Czar Gets Grilled on "New Directions in Drug Policy" By Skeptical Solons, Activists, and Academics

Gil Kerlikowske, head of the Office of National Drug Control Policy (ONDCP -- the drug czar's office), testified on Capitol Hill Wednesday that the Obama administration is seeking "a new direction in drug policy," but was challenged both by lawmakers and by a panel of academics and activists on the point during the same hearing. The action took place at a hearing of the House Domestic Policy Subcommittee in which the ONDCP drug budget and the forthcoming 2010 National Drug Strategy were the topics at hand.

The hearing comes in the wake of various drug policy reforms enacted by the Obama administration, including a Justice Department policy memo directing US attorneys and the DEA to lay off medical marijuana in states where it is legal, the removal of the federal ban on needle exchange funding, and administration support for ending or reducing the sentencing disparity between crack and powder cocaine offenders.

But it also comes in the wake of the announcement of the ONDCP 2011 drug budget, which at $15.5 billion is up more than $500 million from this year. While treatment and prevention programs got a 6.5% funding increase, supply reduction (law enforcement, interdiction, and eradication) continues to account for almost exactly the same percentage of the overall budget -- 64%--as it did in the Bush administration. Only 36% is earmarked for demand reduction (prevention and treatment).

Citing health care costs from drug use and rising drug overdose death figures, the nation "needs to discard the idea that enforcement alone can eliminate our nation's drug problem," Kerlikowske said. "Only through a comprehensive and balanced approach -- combining tough, but fair, enforcement with robust prevention and treatment efforts -- will we be successful in stemming both the demand for and supply of illegal drugs in our country."

So far, at least, when it comes to reconfiguring US drug control efforts, Kerlikowske and the Obama administration are talking the talk, but they're not walking the walk. That was the contention of subcommittee chair Rep. Dennis Kucinich (D-OH) and several of the session's panelists.

"Supply side spending has not been effective," said Kucinich, challenging the budget breakdown.

"Supply side spending is important for a host of reasons, whether we're talking about eradication or our international partners where drugs are flowing," replied the drug czar.

"Where's the evidence?" Kucinich demanded. "Describe with statistics what evidence you have that this approach is effective."

Kerlikowske was reduced to citing the case of Colombia, where security and safety of the citizenry has increased. But he failed to mention that despite about $4 billion in US anti-drug aid in the past decade, Colombian coca and cocaine production remain at high levels.

"What parts of your budget are most effective?" asked Kucinich.

"The most cost-effective approaches would be prevention and treatment," said Kerlikowske.

"What percentage is supply and what percentage is demand oriented?" asked Rep. Jim Jordan (D-OH).

"It leans much more toward supply, toward interdiction and enforcement," Kerlikowske conceded.

Rep. Darrell Issa (R-CA) was more old school, demanding a tougher response to Mexico's wave of prohibition-related violence and questioning the decision not to eradicate opium in Afghanistan. "The Southwest border is critical. I would hope the administration would give you the resources you need for a Plan Colombia on steroids," said Issa.

"There is no eradication program in Afghanistan," Issa complained. "I was in areas we did control and we did nothing about eradication."

"I don't think anyone is comfortable seeing US forces among the poppy fields," Kerlikowske replied. "Ambassador Holbrooke has taken great pains to explain the rationale for that," he added, alluding to Holbrooke's winning argument that eradication would push poppy farming peasants into the hands of the Taliban.

"The effectiveness of eradication seems to be near zero, which is very interesting from a policy point of view," interjected Rep. Bill Foster (D-IL).

Kucinich challenged Kerlikowske about harm reduction. "At the UN, you said the US supported many interventions, but you said that, 'We do not use the phrase harm reduction.' You are silent on both syringe exchange programs and the issue of harm reduction interventions generally," he noted. "Do you acknowledge that these interventions can be effective in reducing death and disease, does your budget proposed to fund intervention programs that have demonstrated positive results in drug overdose deaths, and what is the basis of your belief that the term harm reduction implies promotion of drug use?"

Kerlikowske barely responded. "We don't use the term harm reduction because it is in the eye of the beholder," he said. "People talk about it as if it were legalization, but personally, I haven't spent a lot of time thinking about whether to put a definition on it."

When challenged by Kucinich specifically about needle exchange programs, Kerlikowske conceded that they can be effective. "If they are part of a comprehensive drug reduction effort, they make a lot of sense," he said.

The grilling of Kerlikowske took up the first hour of the two-hour session. The second hour consisted of testimony from Drug Policy Alliance executive director Ethan Nadelmann, Brookings Institute foreign policy fellow and drugs and counterinsurgency expert Vanda Felbab-Brown, former ONDCP employee and drug policy analyst John Carnevale, and University of Maryland drug policy expert Peter Reuter. It didn't get any better for drug policy orthodoxy.

"Let me be frank," said Nadelmann as he began his testimony. "We regard US drug policy as a colossal failure, a gross violation of human rights and common sense," he said, citing the all too familiar statistics about arrests, incarceration, the spread of HIV/AIDS, and drug overdose deaths. "All of these are an egregious violation of fundamental American values."

"Congress and the Obama administration have broken with the costly and failed drug war strategies of the past in some important ways," said Nadelmann. "But the continuing emphasis on interdiction and law enforcement in the federal drug war budget suggest that ONDCP is far more wedded to the failures of the past than to any new vision for the future. I urge this committee to hold ONDCP and federal drug policy accountable to new criteria that focus on reductions in the death, disease, crime and suffering associated with both drugs and drug prohibition."

Nadelmann identified four problems with current drug strategy:

  • The drug war's flawed performance measures;
  • The lop-sided ratio between supply and demand spending in the national drug budget;
  • The lack of innovation in the drug czar's proposed strategies;
  • The administration's failure to adequately evaluate drug policies.

"They want to move toward a public health model that focuses on reducing demand for drugs, but no drug policy will succeed unless there are the resources to implement it," said Carnevale. "Past budgets emphasizing supply reduction failed to produce results, and our drug policy stalled -- there has been no change in overall drug use in this decade."

Carnevale noted that the 2011 ONDCP budget gave the largest percentage increase to prevention and treatment, but that its priorities were still skewed toward supply reduction. "The budget continues to over-allocate funds where they are least effective, in interdiction and source country programs."

"The drug trade poses multiple and serious threats, ranging from threats to security and the legal economy to threats to legality and political processes," said Felbab-Brown, "but millions of people depend on the illegal drug trade for a livelihood. There is no hope supply-side policies can disrupt the global drug trade."

Felbab-Brown said she was "encouraged" that the Obama administration had shifted toward a state-building approach in Afghanistan, but that she had concerns about how policy is being operationalized there. "We need to adopt the right approach to sequencing eradication in Afghanistan," she said. "Alternative livelihoods and state-building need to be comprehensive, well-funded, and long-lasting, and not focused on replacing the poppy crop."

"Eradication in Afghanistan has little effect on domestic supply and reduction," said Kucinich. "Should these kinds of programs be funded?"

"I am quite convinced that spending money for eradication, especially aerial eradication, is not effective," replied Carnevale. "The point of eradication in Colombia was to reduce the amount of drugs coming into the US, but I see no such effect."

"We're dealing with global commodity markets," said Nadelmann. "If one source is knocked out, someone else will pop up. What's missing is any sort of strategic analysis or planning. If you accept that these drugs are going to be produced, you need to manage it to reduce the harms."

"The history of the last 20 years of the cocaine and heroin trade shows how much mobility there is in cultivation and trafficking," said Reuter. "What we do has a predictable effect. When we pushed down on trafficking in Florida, that lead to increases in Mexico. The evidence is striking that all we are doing is moving the trade."

Times are changing in Washington. What was once unassailable drug war orthodoxy is not under direct assault, and not just from activists and academics, but among members of Congress itself. But while the drug czar talks the happy talk about "new directions in drug policy," the Obama administration -- with some notable exceptions -- looks to still have a drug policy on cruise control.

Law Enforcement: Drug Cops Kill Two in Drug Raids in Florida and Tennessee

At least two US citizens were killed in their own homes by American police enforcing the war on drugs in a 48-hour period late last week. One was a 52-year-old white grandmother; the other was a 43-year-old black man. Both allegedly confronted home-invading officers with weapons; both were shot to death. No police officers were injured.

http://stopthedrugwar.org/files/brendavanzwieten.jpg
Brenda Van Zwieten
The combination of widespread gun ownership in the US and aggressive drug war policing is a recipe for tragedy, one that is repeated on a regular basis. Gun owners commonly cite protecting themselves from home-invading robbers as a reason for arming themselves, while police cite widespread gun ownership as a reason they need to use SWAT-style tactics, breaking down doors and using overwhelming force against potential shooters. That homeowners would pick up a weapon upon hearing their doors broken down is not surprising, nor is it surprising that police are quick to shoot to kill "suspects" who may pose a threat to them.

The first killing came Thursday morning in North Memphis, when a Bartlett, Tennessee, police narcotics squad serving a search warrant for drug possession -- not sales, manufacture, or possession with intent to sell -- shot and killed Malcolm Shaw, 43, after breaking into his home. Police said they knocked on Shaw's door several times and identified themselves as police before entering the home.

Police said Shaw emerged from a room and pointed a gun at plainclothes officer Patrick Cicci. Cicci fired once, killing Shaw. Cicci is on administrative leave pending an internal investigation.

While the Bartlett Police investigation is ongoing, that didn't stop the Shelby County District Attorney's Office from announcing Monday that Cicci will not be prosecuted. Cicci's killing of the homeowner was "apparent justifiable use of deadly force in self defense," a spokesman said.

Bartlett police said that while the Bartlett narcs conducting the raid were not in uniform, their gear clearly identified them as law enforcement. They wore "high-visibility vests" marked "POLICE" in several spots, police said.

The killing of the well-known neighborhood handyman led to the formation of a crowd hostile to police outside his home. Bartlett police on the scene had to call Memphis police to do crowd control.

Memphis police complained that the Bartlett narcs had not followed law enforcement protocols requiring them to notify the local agency when they were operating in its jurisdiction. They said they were notified only as the raid commenced, and that moments later, they got a request for an ambulance at the address, and moments after that, they got a request that they send a couple of police cruisers for crowd control.

Timothy Miers, who said he was Shaw's brother, accused police of being trigger-happy. "How you gonna go in serving a warrant and shoot somebody?" Miers asked. "They already had their finger on the trigger."

The sense of disbelief over the killing was shared by members of the crowd gathered outside Shaw's home. Many complained about the officers' actions.

"My heart fell to the ground," one neighbor said.

"We can't believe it," said another. "Malcolm out of all people."

Family members expressed confusion about the shooting, saying Shaw was not a person they would have expected to threaten officers. "They say he had a gun," said Miers. "My brother doesn't have no gun."

Friends of Shaw said the same thing. "I ain't never seen him with no gun," said Arvette Thomas, a friend of Shaw.

Shaw never bothered anyone, neighbors said. "I think it's wrong to just kill him like they did," said a neighbor, "because he wouldn't hurt a fly."

Less than 48 hours later, members of a Broward County Sheriff's Office SWAT team and its Selective Enforcement Team in Pompano Beach, Florida, shot and killed Brenda Van Zweiten, 52, during a drug raid on her home. Police had developed evidence that drugs were being sold from the residence, and obtained a search warrant. After allegedly identifying themselves as police, they broke through a sliding glass door to a bedroom and arrested Van Zweiten's boyfriend, Gary Nunnemacher, 47, on charges of possessing less than 20 grams of marijuana. Van Zweiten was in a different bedroom, and was shot and killed by deputies when she emerged holding a handgun. According to police, she refused to put down her weapon, so they shot her.

Police reported finding one gram of heroin, four grams of crack cocaine, marijuana, marijuana plants, 40 generic Xanax tablets, $550 cash, two shotguns, and a rifle. Family members said Van Zweiten had a prescription for Xanax, but was not a drug dealer. But police had earlier in the day arrested three people leaving the home who they say had bought drugs there -- although police did not say from whom.

After Van Zweiten's killing, police were unrepentant. "When you approach a police officer with a loaded weapon and don't put the weapon down, there's going to be consequences," sheriff's spokesman Mike Jachles said. "It's unfortunate, but I'd rather be talking about a dead suspect than a dead cop."

Van Zweiten's brother, Bill George, said his sister had recently received threats and was afraid of break-ins. "It was an unlawful shooting," he said. "She's 98 pounds. She was just trying to protect herself. I would come out of my room with a gun too."

As news of Van Zweiten's death spread, friends, neighbors, and family members expressed dismay and disbelief. They called the incident a "set up" and said the blonde grandmother was affectionately called "Mom" by many who knew her for using her home as a neighborhood hangout to keep kids off the streets. Dozens of people gathered in her yard near a flower-bedecked cross put up as a memorial.

"Look at these people," said George. "She helped so many of these young people."

"She was like a second mom to me," said Michael Miller, 18. "She would take in anybody."

"There was no reason for this," said son Rob Singleton, 32.

Van Zwieten had no criminal history involving drugs or violence, state records show.

George said that Van Zweiten had reason to fear intruders because she had been threatened recently by a man accused of stealing watches and rings that were part of a shrine to two of her four sons, who had died within the past three years, one in a traffic accident, one of a drug overdose. She had just installed an alarm system last week, George said. "She was scared."

Singleton showed reporters inside the house, including the small bedroom where she was shot. A large puddle of blood remained on the floor, and the walls and ceiling were splattered with blood -- from his mother's head, he said. "She was probably running into the closet and trying to hide," he said.

As is all too typical in such raid, police also totally trashed the house. As the Sun-Sentinel reported: "Much of the interior of the three-bedroom house looked as if it had been hit by a tornado... Drawers were pulled from dressers, clothes were scattered, a bed was overturned, food and crockery had been knocked from kitchen cabinets." The shrine to her dead sons was also destroyed, Singleton said.

Two Broward County Sheriff's Office detectives are on administrative leave pending an internal investigation. They have not been named.

Law Enforcement: Drug Cops Kill Two in Two Days in Drug Raids in Florida and Tennessee

At least two US citizens were killed in their own homes by American police enforcing the war on drugs in a 48-hour period late last week. One was a 52-year-old white grandmother; the other was a 43-year-old black man. Both allegedly confronted home-invading officers with weapons; both were shot to death. No police officers were injured. Brenda Van Zwieten The combination of widespread gun ownership in the US with aggressive drug war policing is a recipe for tragedy, one that is repeated on a regular basis. Gun owners commonly cite protecting themselves from home-invading robbers as a reason for arming themselves, while police cite widespread gun ownership as a reason they need to use SWAT-style tactics, breaking down doors and using overwhelming force against potential shooters. That homeowners would pick up a weapon upon hearing their doors broken down is not surprising, nor is it surprising that police are quick to shoot to kill "suspects" who may pose a threat to them. The first killing came Thursday morning in North Memphis, when a Bartlett, Tennessee, police narcotics squad serving a search warrant for drug possession -- not sales, manufacture, or possession with intent to sell -- shot and killed Malcolm Shaw, 43, after breaking into his home. Police said they knocked on Shaw's door several times and identified themselves as police before entering the home. Police said Shaw emerged from a room and pointed a gun at plainclothes officer Patrick Cicci. Cicci fired once, killing Shaw. Cicci is on administrative leave pending an internal investigation. While the Bartlett Police investigation is ongoing, that didn't stop the Shelby County District Attorney's Office from announcing Monday that Cicci will not be prosecuted. Cicci's killing of the homeowner was "apparent justifiable use of deadly force in self defense," a spokesman said. Bartlett police said that while the Bartlett narcs conducting the raid were not in uniform, their gear clearly identified them as law enforcement. They wore "high-visibility vests" marked "POLICE" in several spots, police said. The killing of the well-known neighborhood handyman led to the formation of a crowd hostile to police outside his home. Bartlett police on the scene had to call Memphis police to do crowd control. Memphis police complained that the Bartlett narcs had not followed law enforcement protocols requiring them to notify the local agency when they were operating in its jurisdiction. They said they were notified only as the raid commenced, and that moments later, they got a request for an ambulance at the address, and moments after that, they got a request that they send a couple of police cruisers for crowd control. Timothy Miers, who said he was Shaw's brother accused police of being trigger-happy. "How you gonna go in serving a warrant and shoot somebody?" Miers asked. "They already had their finger on the trigger." The sense of disbelief over the killing was shared by members of the crowd gathered outside Shaw's home. Many complained about the officers' actions. "My heart fell to the ground," one neighbor said. "We can't believe it," said another. "Malcolm out of all people." Family members expressed confusion about the shooting, saying Shaw was not a person they would have expected to threaten officers. "They say he had a gun," said Miers. "My brother doesn't have no gun." Friends of Shaw said the same thing. "I ain't never seen him with no gun," said Arvette Thomas, a friend of Shaw. Shaw never bothered anyone, neighbors said. "I think it's wrong to just kill him like they did," said a neighbor, "because he wouldn't hurt a fly." Less than 48 hours later, members of a Broward County Sheriff's Office SWAT team and its Selective Enforcement Team in Pompano Beach, Florida, shot and killed Brenda Van Zweiten, 52, during a drug raid on her home. Police had developed evidence that drugs were being sold from the residence, and obtained a search warrant. After allegedly identifying themselves as police, they broke through a sliding glass door to a bedroom and arrested Van Zweiten's boyfriend, Gary Nunnemacher, 47, on charges of possessing less than 20 grams of marijuana. Van Zweiten was in a different bedroom, and was shot and killed by deputies when she emerged holding a handgun. According to police, she refused to put down her weapon, so they shot her. Police reported finding one gram of heroin, four grams of crack cocaine, marijuana, marijuana plants, 40 generic Xanax tablets, $550 cash, two shotguns, and a rifle. Family members said Van Zweiten had a prescription for Xanax, but was not a drug dealer. But police had earlier in the day arrested three people leaving the home who they say had bought drugs there -- although police did not say from whom. After Van Zweiten's killing, police were unrepentant. "When you approach a police officer with a loaded weapon and don't put the weapon down, there's going to be consequences," sheriff's spokesman Mike Jachles said. "It's unfortunate, but I'd rather be talking about a dead suspect than a dead cop." Van Zweiten's brother, Bill George, said his sister had recently received threats and was afraid of break-ins. "It was an unlawful shooting," he said. "She's 98 pounds. She was just trying to protect herself. I would come out of my room with a gun too." As news of Van Zweiten's death spread, friends, neighbors, and family members expressed dismay and disbelief. They called the incident a "set up" and said the blonde grandmother was affectionately called "Mom" by many who knew her for using her home as a neighborhood hangout to keep kids off the streets. Dozens of people gathered in her yard near a flower-bedecked cross put up as a memorial. "Look at these people," said George. "She helped so many of these young people." "She was like a second mom to me," said Michael Miller, 18. "She would take in anybody." "There was no reason for this," said son Rob Singleton, 32. Van Zwieten had no criminal history involving drugs or violence, state records show. George said that Van Zweiten had reason to fear intruders because she had been threatened recently by a man accused of stealing watches and rings that were part of a shrine to two of her four sons, who had died within the past three years, one in a traffic accident, one of a drug overdose. She had just installed an alarm system last week, George said. "She was scared." Singleton showed reporters inside the house, including the small bedroom where she was shot. A large puddle of blood remained on the floor, and the walls and ceiling were splattered with blood -- from his mother's head, he said. "She was probably running into the closet and trying to hide," he said. As is all too typical in such raid, police also totally trashed the house. As the Sun-Sentinel reported: "Much of the interior of the three-bedroom house looked as if it had been hit by a tornado... Drawers were pulled from dressers, clothes were scattered, a bed was overturned, food and crockery had been knocked from kitchen cabinets." The shrine to her dead sons was also destroyed, Singleton said. Two Broward County Sheriff's Office detectives are on administrative leave pending an internal investigation. They have not been named.

Feature: Chronicle of an Offensive Foretold -- The Occupation of Marja, Afghanistan

America's twin wars without end -- the war on drugs and the war on terror -- continue to play out in the heart of Southwest Asia as the Obama administration beefs up US troop levels, but tries new tactics in its battle against the opium poppy and the Taliban insurgency grown wealthy off the drug trade. Eradication is out -- at least for now -- and interdiction and going after Taliban-linked drug lords is in.

http://stopthedrugwar.org/files/marja-opium-field.jpg
opium field in Marja (from unodc.org)
The thousands of new troops are to provide the muscle to wrest and hold territory from the Taliban. The new drug strategy is designed to win over Afghan farmers long enough for economic development projects to take hold once the troops and their NATO and Afghan Army counterparts secure key areas.

One of those is Helmand province in the south, producer of more than half of all the opium poppies in Afghanistan. If Helmand were an independent country, it would be the world's largest opium producer. Most of Helmand's opium is produced in the Helmand River valley, whose largest town, Marja (pop. 80,000), is a commercial hub for the opium and heroin trade. It is also the main Taliban stronghold in the province.

The Taliban generates anywhere from $100 million to $450 million a year in revenues with which it can buy lots of shiny new weapons and pay lots of impoverished Afghans to pick up arms against the foreigners and their "puppet regime" in Kabul. (With the total Afghan opium and heroin economy valued at $3 billion to $4 billion a year, clearly, a lot of people other than the Taliban are profiting from the trade as well.)

Because of the weakness of the Afghan state and the relatively small NATO and US military presence in Helmand up until now, the area has been largely under Taliban control for the past several years. Occasional Western military sweeps have driven the Taliban from different locales, but only temporarily. Once the troops pass through and once local inhabitants realize the government and the West have not come through on their promises of assistance and development, let alone a permanent presence, the Taliban reassert control.

The much ballyhooed Marja offensive now underway is designed to be different. This time, commanders say, the military occupation will be followed in short order by a "government in a box," a quick rolling out of Afghan police and officials accompanied by the provision of services and development and economic assistance. Once the military succeeds in driving the Taliban from Marja, the rapid-fire creation of a government presence will ensure that the local population switches loyalties from the insurgents to the national government.

Some 15,000 US, NATO, and Afghan Army forces are now one week into assault on Marja, a According to all accounts, the operation is going as expected, with Western and allied Afghan forces slowly occupying the town block by block. They raised the Afghan flag over Marja's central market Wednesday.

While the fighting is going as planned and the immediate result -- driving the Taliban from Marja -- is not in doubt, it hasn't been a cakewalk. While the local Taliban leadership and an unknown number of fighters fled before the fighting began, hundreds of fighters stayed behind to harass the incoming troops. NATO commanders report encountering a town laced with booby traps and bombs (IEDs), and soldiers have come under attack from machine gun and sniper fire. At least nine Western troops have been killed in the fighting so far, with Thursday being the bloodiest yet, with four killed.

And despite US commander Gen. Stanley McCrystal's repeated commitment to avoiding civilian casualties in order to squelch Afghans' anger at the death of their fellow citizens at the hands of foreign invaders, civilian casualties have occurred. At least 15 civilians have been killed, including 12 -- five children, five women, and two men -- were killed early on in a NATO missile strike. Three more died after being shot by NATO forces during an engagement with the Taliban.

Not everyone is buying Western assurances that this time will be any different than before. In an interview with the London newspaper The Independent, Afghanistan's "most famous woman," parliament member Malalai Joya, voiced deep skepticism about the operations aims and its impact on Afghan civilians.

"It is ridiculous," said Joya. "On the one hand they call on Mullah Omar to join the puppet regime. On another hand they launch this attack in which defenseless and poor people will be the prime victims. Like before, they will be killed in the NATO bombings and used as human shields by the Taliban. Helmand's people have suffered for years and thousands of innocent people have been killed so far."

Joya proved prescient on that count, with the NATO missile strike and shootings mentioned above and with repeated press accounts of the Taliban in fact using civilians as human shields. Reports have come of insurgent fighters shooting at troops from the second floor of a building while their family members stand on the third floor in a bid to either prevent retaliation against the shooter or to score propaganda points in the event Western forces kill or injure civilians.

She also scoffed at Allied claims that the West won't abandon Afghan civilians after the military surge. "They have launched such offensives a number of times in the past, but each time after clearing the area, they leave it and the Taliban retake it. This is just a military maneuver and removal of Taliban is not the prime objective."

Analysts who spoke to the Chronicle this week provided a decidedly mixed assessment of the offensive and what comes next. "That this is going well tactically is important progress," said Vanda Felbab-Brown, an expert on drugs and insurgencies at the Brookings Institution and author of the just published [and soon to be reviewed here] "Shooting Up: Counterinsurgency and the War on Drugs." "You have to remember that there have been a number of operations in Helmand where even tactically, we were losing because they were so under-resourced. Whether it will be a strategic success remains to be seen."

It isn't all up to the West, she noted. "What complicates things is that a lot of the outcomes aren't necessarily in the hands of NATO or the West, but will instead depend on the quality of the Afghan government," said Felbab-Brown. "This government-in-a-box plan has its drawbacks and flaws, but it is better than nothing. At least now there is some effort."

Watching the offensive unfold, Sanho Tree, international drug policy analyst for the Institute for Policy Studies, was reduced to quoting the ultimate realpolitiker, Henry Kissinger, on Vietnam. "As early as 1969, Kissinger wrote in the journal Foreign Affairs: 'We fought a military war; our opponents fought a political one. We sought physical attrition; our opponents aimed as psychological exhaustion. In the process we lost sight of one of the cardinal maxims of guerrilla war: the guerrilla wins if he does not lose; the conventional army loses if it does not win,'" Tree recited.

"This was a well-publicized invasion," Tree pointed out. "The leadership disappeared, but they'll be back to fight when the odds are better."

The Taliban weren't the only ones to take advantage of the warnings of a coming attack, said Raheem Yaseer of the University of Nebraska-Omaha Center for Afghan Studies. "The drug lords are very efficient," he said. "I'm sure they are all in safe havens now. NATO talked about the attack for so long that they've had time to take care of their commodities and themselves. The war on drugs part of this has not been very successful so far because of these warnings -- and these people are smart."

The offensive could cause some temporary disruptions of the drug trade in the area, Tree said, but was unlikely to make a major dent. "The lesson from the rest of the world is that these things don't really make much difference. Last year, it was a different 'opium capital,' next year, there will be another one."

The drug trade keeps shifting," agreed Yaseer. "When one place comes under attack, they go elsewhere. They buy the people, they buy the police; they will be the last to be affected."

"This won't have a great impact on the drug trade," said Felbab-Brown. "Marja doesn't determine what happens in Afghanistan -- that depends on interdiction and rural development, which is hard and takes a lot of time."

The ability of Western and Afghan government forces to conquer Marja was never in doubt. But the big question is whether they can build on the military success to turn the region into a bastion of support for the government, eliminate the insurgent threat once and for all, and continue to wage war on the opium poppy.

"Time will tell," said Tree. "Sequencing is key to a lot of this, and in terms of the drug stuff, sequencing is everything. That was the big argument with the advocates of eradication. They said eradicate first, then talk, but that was completely backwards. Now, with the hands-off policy for opium cultivation, you need to just let the prices fall, and people will switch to other crops, but that will only work until opium supplies shrink and prices go up again. So there is probably a one- or two-year window of opportunity to roll in infrastructure and install clean governance. You have to thread a lot of needles in a very short time, and the history of US involvement in Afghanistan doesn't suggest the odds are good."

"There will be a real temptation on the part of the West to define good government as suppressing poppies, but that could be just the opposite of how Afghans see it -- they will want to see economic development to replace their losses first," she said. "There will be a temptation for us to go for planting bans and suppression, but I don't think that's a model we should really be after. If a few months from now we decide it has stabilized and we try to prevent the harvest, people will be quite unhappy."

It's not a coincidence that the population is being somewhat receptive to the foreign troops, she said. "The troops are walking through poppy fields, not destroying them. The message is that the US is focusing on interdiction and development. If we eradicate later, that will result in great political destabilization.

"The Taliban have a lot of sympathizers there," said Yaseer. "The people are disillusioned with the government because for so long it couldn't do anything. And a lot of families have people on the payroll of the Quetta Shura [the now Pakistan-based Taliban led by Mullah Omar]. By some accounts, they were paying each household $700 a month. But now the pressure is on them to quit the Taliban."

Rapid economic and security development is key, said the Afghan scholar. "Destroying the poppy fields will help, but then you have to have an alternative ready," he said. "You can distribute food, help them grow wheat, provide fertilizer, things like that."

Taliban hard-liners will leave the area voluntarily to live to fight another day, Yaseer said, but unless an effective state presence is in place, they will come back. "The promises have to be kept and the aid has to move in immediately," he said. "They have to move in humanitarian assistance, reconstruction projects, sustenance for the people. And it has to be isolated from neighboring provinces where the Taliban will infiltrate back in from if those routes are not protected."

The military battle of Marja is winding toward its inevitable conclusion. Now, the battle for the hearts and minds of its residents is about to get underway. Meanwhile, the opium trade hiccups with minor disruptions, but lives on largely untouched, and the West remains mired in a land war in Asia fighting the twin ephemera of a war on an abstraction (terrorism) and a war on an inert substance (opium).

Law Enforcement: Maryland Bill Would Ban SWAT Teams for Misdemeanors

Maryland state Sen. C. Anthony Muse (D-Prince Georges) has filed a bill, SB 30, that would prohibit Maryland police forces from conducting SWAT team raids on homes where the only suspected offense is a misdemeanor. The bill also requires county prosecutors to sign off on SWAT team search warrant applications before they are submitted to judges.

http://stopthedrugwar.org/files/swatcartoon2.jpg
PolitickerMD cartoon about the Berwyn Heights raid
The bill is only the latest fallout from a July 2008 raid by the Prince Georges County Sheriff's Department SWAT team at the home of Berwyn Heights Mayor Cheye Calvo. The SWAT team was after a marijuana-filled box that had been delivered to that address, but subsequent investigation revealed that the mayor and his family were victimized in a smuggling scheme that used Fedex to ship drugs and knew nothing about the box, which had already been intercepted by police before being left on the family's porch. Mayor Calvo and his mother-in-law were cuffed and detained, and the two family dogs were shot and killed by SWAT team members.

Last year, the raid -- and the Prince Georges Sheriff's Department's refusal to acknowledge any wrongdoing -- led Sen. Muse to file the first bill in the nation to try to rein in aggressive SWAT teams. That bill, which required extensive reporting requirements on SWAT team deployments and results, passed into law and took effect January 1.

Muse's current bill had a hearing Tuesday in the Judicial Proceedings Committee. Law enforcement officials from across the state showed up to complain that the bill would add unnecessary steps to the warrant review process and threaten the safety of SWAT team officers. No vote was taken.

The Year on Drugs 2009: The Top Ten US Domestic Drug Policy Stories

As 2009 prepares to become history, we look back at the past year's domestic drug policy developments. With the arrival of a highly popular (at least at first) new president, Barack Obama, and Democratic Party control of the levers of power in Congress, the drug reform gridlock that characterized the Bush years is giving way to real change in Washington, albeit not nearly quickly enough. A number of this year's Top 10 domestic drug stories have to do with the new atmospherics in Washington, where they have led, and where they might lead.

But not all of them. Drug reform isn't made just in Washington. Under our federal system, the 50 states and the District of Columbia have at least some ability to set their own courses on drug policy reforms. In some areas, actions in the state legislatures have reflected trends -- for better or worse -- broad enough to earn Top 10 status.

And Washington and the various statehouses notwithstanding, movement on drug reform is not limited to the political class. Legions of activists now in at least their second decade of serious reform work, a mass media that seems to have awakened from its dogmatic slumber about marijuana, a crumbling economy, and a bloody drug war within earshot of the southwestern border have all impacted the national conversation about drug reform and are all pushing politicians from city councilmen to state legislators to US senators to rethink drug prohibition.

For drug reformers, these are interesting times, indeed. Herewith, the Top 10 domestic drug policy stories of 2009:

http://stopthedrugwar.org/files/marijuana-plants-smaller.jpg
marijuana plants (photo from US Fish and Wildlife Service via Wikimedia)
Marijuana Goes Mainstream

Wow. This year has seen the US enter the beginnings of a sea change on policies and attitudes toward the recreational use of marijuana. The first hint that something had changed was the Michael Phelps bong photo non-scandal. When the multiple Olympic gold medal winner got outed for partying like a college student, only one corporate sponsor, fuddy-duddy Kellogg, dumped him, and was hit by a consumer boycott -- and arguably by falling stock prices -- in return. Otherwise, except for a deranged local sheriff who tried fruitlessly to concoct a criminal case against somebody -- anybody! -- over the bong photo, America's collective response basically amounted to "So what?"

Post-Phelps it was as if the flood gates had opened. Where once Drug War Chronicle and a handful of other publications pretty much had the field to ourselves, early this year, the mass media began paying attention. Countless commentaries, editorials and op-eds have graced the pages of newspaper and those short-attention-span segments on the cable news networks, an increasing number of them calling for legalization. The conversation about freeing the weed has gone mainstream.

The sea change is also reflected in poll numbers that, for the first time, this year showed national majorities in favor of legalization. In February, a Zogby poll showed 44% support nationwide -- and 58% in California. By late spring, the figures were generally creeping ever higher. An April Rasmussen poll had support for "taxation and regulation" at 41%, while an ABC News/Washington Post poll found 46% supported "legalizing the possession of small amounts of marijuana for personal use." Also in April, for the first time, a national poll showed majority support for legalization when Zogby showed 52% saying marijuana should be "legal, taxed, and regulated." In July, a CBS News poll had support for legalization at 41%.

In October, a Gallup poll had support for legalization at 44%, the highest ever in a Gallup survey. And a few weeks ago an Angus-Reid poll reported 53% nationwide supported legalization. Legalizing pot may not have clear majority support just yet, but it is on the cusp.

Marijuana law reform was also a topic at statehouses around the country this year, although successes were few and far between. At least six states saw decriminalization bills, but only one passed -- in Maine, which had already decriminalized possession of up to 1.25 ounces. This year's legislation doubled that amount. And then there were legalization bills. Two were introduced in the 2009 session, in California and Massachusetts, and two more have been pre-filed for next year, in New Hampshire and Washington. Both the California and Massachusetts bills got hearings this year, and the California bill is set for another hearing and a first committee vote in the Assembly in two weeks. In Rhode Island, meanwhile, the legislature voted this year to create a commission to study marijuana law reform; it will report at the end of January.

And then, finally, there is the excitement and discussion being generated by at least three separate marijuana legalization initiative campaigns underway in California. Oaksterdam medical marijuana entrepreneur Richard Lee's Tax Cannabis 2010 initiative has already announced it has sufficient signatures to make the ballot. Time will tell if the others make it, but at this point it is almost certain that voters in California will have a chance to say "legalize it" in November.

http://stopthedrugwar.org/files/ventura-dispensary-smaller.jpg
medical marijuana dispensary, Ventura Blvd., LA (courtesy wikimedia.org)
Medical Marijuana: The Feds Butt Out and the Floodgates Begin to Swing Open

During his election campaign, President Obama promised to quit siccing the DEA on medical marijuana patients and providers. In February, new Attorney General Eric Holder announced there would be no more federal raids if providers were in compliance with state law, and pretty much held to that promise since then. In October, the Justice Department made it official policy when it issued a policy memo reiterating the administration's stance.

The new "hands off" policy from Washington has not been universally adhered to, nor has it addressed the issue of people currently serving sentences or facing prosecution under Bush administration anti-medical marijuana initiatives, but it has removed a huge looming threat to growers and dispensary operators and it has disarmed a favored (if intensely hypocritical) argument of medical marijuana foes that such laws should not be passed out of fear of what the feds would do.

Meanwhile, California rolls right along as medical marijuana's Wild West. Like countless other localities in the Golden State, the city of Los Angeles is grappling with what to do with its nearly one thousand dispensaries. The issue is being fought city by city and county by county, in the state courts and in the federal courts. And while the politicians argue, dispensary operators are creating political facts on the ground as their tax revenues go into hungry state and local coffers.

This year also marked the emergence of a medical marijuana industry infrastructure -- growers, grow shops, dispensaries, educational facilities, pot docs -- beyond California's borders, most notably in Colorado, where the dispensary scene exploded in the wake of the removal of the federal threat, and in Michigan, where last year's passage of a medical marijuana law has seen the creation of the Midwest's first medical marijuana industry.

While medical marijuana is legal in 13 states (and now, the District of Columbia), it remains difficult to win victories in state legislatures. There were medical marijuana bills in at least 18 states, but only two -- Minnesota and New Hampshire -- were approved by legislatures, and they were vetoed by prohibitionist governors. Bills are, however, still alive in six states -- Delaware, Illinois, New Jersey, New York, Pennsylvania, and Wisconsin -- with New Jersey and Wisconsin apparently best positioned to become the next medical marijuana state. In Rhode Island, which already approved a medical marijuana law in 2007, the legislature this year amended it to include a dispensary system.

http://stopthedrugwar.org/files/salvialeaves-smaller.jpg
salvia leaves (photo courtesy Erowid.org)
The Reflexive Prohibitionist Impulse Remains Alive -- Just Ask Sally D

Despite evident progress on some drug reform fronts, a substantial number of Americans continue to hold to prohibitionist values, including a number of state legislators. The legislative response to the popularity of the fast-acting, short-lived hallucinogen salvia divinorum is the best indicator of that.

The DEA has been reviewing salvia for five years, and has yet to determine that it needs to become a controlled substance, but that hasn't stopped some legislators from trying to ban it. Appalled by YouTube videos that show young people getting very high, legislators in 13 states have banned or limited sales of the herb.

This year, four more states joined the list. The good news is that legislators in seven other states where salvia ban bills were introduced had better things to do with their time than worry about passing them.

http://stopthedrugwar.org/files/drugtestinglab-smaller.jpg
drug testing lab
"We Must Drug Test Welfare and Unemployment Recipients!"

In another indication that the drug warrior impulse is still alive and well -- as are its class war elements -- legislators in various states this year continued to introduce bills that would mandate suspicionless drug testing of people seeking unemployment, public assistance, or other public benefits. Never mind that Michigan, the only state to pass such a law, saw its efforts thrown out as an unconstitutional search by a federal appeals court several years back.

Such efforts exposed not only public resentment of benefits recipients, but also a certain level of ignorance about the way our society works. A common refrain from supporters was along the lines of "I have to get drug tested for my job, so why shouldn't they have to get drug tested?" Such questioners fail to understand that our system protects us from our government, but not from private employers.

But if welfare drug testing excited some popular support, it also excited opposition, not only on constitutional grounds, but on grounds of cost and elemental fairness. In the four states where drug testing bills were introduced -- Kansas, Louisiana, Missouri and West Virginia -- none of them went anywhere. But even in an era when drug reform is in the air, such bills are a clear sign that there will be many rear-guard battles to fight.

http://stopthedrugwar.org/files/prison-overcrowding-even-smaller.jpg
unjust, but also unaffordable
Rockefeller Drug Law and Other State Sentencing Reforms

Reeling under the impact of economic downtowns and budget crises, more and more states this year took a second look at drug-related sentencing policies. Most notable of the reforms enacted at the state level this year were reforms in New York's draconian Rockefeller drug laws, which went into effect in October. Under this newest round of Rockefeller drug law reforms, some 1,500 low-level drug offenders will be able to seek sentence reductions, while judges gain some sentencing power from prosecutors, and treatment resources are being beefed up. But still, more than 12,000 will remain in Empire State prisons on Rockefeller drug charges.

New York wasn't the only state to enact sentencing reforms this year. This month, New Jersey legislators passed a bill giving judges the discretion to waive mandatory minimum sentences for some drug offenses. Last month, Rhode Island mandatory minimum reforms went into effect. Earlier this year, Louisiana finally acted to redress the cruel plight of the "heroin lifers," people who had been sentenced to life without parole for heroin possession under an old state law. A new state law cut heroin sentences, but did not address the lifers. As a result, some lifers remained in prison with no hope of parole while more recent heroin offenders came, did their time, and went. Now, under this year's law, the lifers are eligible for parole.

Sentencing reforms are also in the works in a number of other states, from Alabama to California and from Colorado to Michigan. In some cases, reform legislation is in progress; in others, legislators are waiting for commissions to report their findings. In nearly every case, it is bottom-line budget concerns rather than bleeding heart compassion for the incarcerated that is driving the reforms.

http://stopthedrugwar.org/files/swatcartoon2-smaller.jpg
PolitickerMD cartoon about the Berwyn Heights raid
Swatting SWAT

It was only one bill in one state, and all it required was reporting by SWAT teams of their activities, but the Maryland SWAT bill passed this year marked the first time a state legislature has moved to rein in aggressive paramilitary-style policing. More precisely, the bill requires all law enforcement agencies that operate SWAT teams to submit monthly reports on their activities, including when and where they are used, and whether the operations result in arrests, seizures or injuries.

In took an ugly incident involving the mayor of a Washington, DC, suburb to make it happen. Marijuana traffickers sent a load of pot to the mayor's address to avoid having police show up on their doorstep in the event something went wrong, but something did go wrong, and police tracked the package. When the mayor innocently carried the package inside on returning home, the SWAT team swooped, manhandling the mayor and his mother-in-law and killing the family's pet dogs. The cops were unapologetic, the mayor was apoplectic, and now Maryland has a SWAT law. A new bill just filed in Maryland would take it further, requiring police to secure a judge's warrant before deploying a SWAT team.

http://stopthedrugwar.org/files/malverde1-even-smaller.jpg
shrine to San Malverde, Mexico's ''narco-saint,'' Culiacan, Sinaloa
America Finally Notices the Drug War Across the River

While Congress and the Bush administration got serious about Mexico's bloody drug wars in 2008, passing a three-year, $1.4 billion anti-drug aid package for Mexico and Central America, it was not until this year that the prohibition-related violence in Mexico really made the radar north of the border.

It only took about 11,000 deaths (now up to over 16,000) among Mexican drug traffickers, police, soldiers, and innocent bystanders to get the US to pay attention to the havoc being wreaked on the other side of the Rio Grande. But by the spring, Washington was paying attention, and for the first time, one could hear mea culpas coming from the American side. Mexico's drug violence is driven by demand in the US, Secretary of State Hillary Clinton admitted and Homeland Security Secretary Janet Napolitano echoed.

But just because Washington admitted some fault didn't mean it was prepared to try anything different. And while the Mexican drug wars brought talk of legalization -- especially of marijuana -- what they brought in terms of policy was the Southwest Border Counternarcotics Strategy, which is basically mo' better drug war.

Mexico's drug wars show no signs of abating, and the pace of killing has accelerated each year since President Felipe Calderon sent in the army three years ago this month. The success -- or failure -- of his drug war policies may determine Calderon's political future, but it has for the first time concentrated the minds of US policymakers on the consequences of prohibition south of the border.

http://stopthedrugwar.org/files/syringes.jpg
syringes -- better at the exchange than on the street
Congress Ends Ban on Needle Exchange Funding, Butts Out of DC Affairs

After a decade-long struggle, the ban on federal funding for needle exchange programs ended this month with President Obama's signature on an omnibus appropriations bill that included ending the federal ban, as well as a similar ban that applied to the District of Columbia. The bill also removed a ban on the District implementing a medical marijuana law passed by voters in 1998.

Removing the funding ban has been a major goal of harm reduction and public health coalitions, but they had gotten nowhere in the Republican-controlled Congresses of the past decade. What a difference a change of parties makes.

http://stopthedrugwar.org/files/jimwebb-smaller.jpg
Jim Webb at 2007 incarceration hearing (photo from sentencingproject.org)
Questioning the Drug War: Two Congressional Bills

The US Congress has been a solid redoubt of prohibitionist sentiment for decades, but this year saw the beginning of cracks in the wall. Two legislators, Rep. Elliot Engel (D-NY) and Sen. Jim Webb (D-VA) introduced and have had hearings on bills that could potentially challenge drug war orthodoxy.

Engel's bill, the Western Hemisphere Drug Policy Commission Act, which has already passed the House, would set up a commission to examine US eradication, interdiction, and other policies in the Western Hemisphere. While Engel is no anti-prohibitionist, any honest commission assessing US drug policy in the Americas is likely to come up with findings that subvert drug war orthodoxy.

Meanwhile, Sen. Webb's National Criminal Justice Commission Act of 2009 comes at the issue from a much more critical perspective. It calls for a top-to-bottom review of a broad range of criminal justice issues, ranging from sentencing to drug laws to gangs and beyond, with an emphasis and costs and efficacy. Webb's bill remains in the Senate Judiciary Committee, but has 35 cosponsors. Webb has already held hearings on the costs of mass incarceration and the economic costs of drug policy, and even more than Engel's bill, the Webb bill has the potential to get at the roots of our flawed national drug policy.

http://stopthedrugwar.org/files/durbin-crack-hearing-smaller.jpg
Sen. Durbin at May hearing on crack sentencing
The Crack/Powder Cocaine Sentencing Disparity

The 100:1 disparity in the quantities of crack needed to earn a mandatory minimum federal prison sentence versus the quantities of powder cocaine needed to earn the same sentence has been egregiously racist in its application, with roughly 90% of all federal crack offenders being non-white, and pressure has been mounting for years to undo it. It hasn't happened yet, but 2009 finally saw some serious progress on the issue.

The move to reform the sentencing disparity got a boost in June, when Attorney General Holder said it had to go. The next month, a House Judiciary Committee subcommittee passed the Fairness in Cocaine Sentencing Act of 2009. The bill is now before the House Judiciary and Energy and Commerce Committees.

On the Senate side, Sen. Dick Durbin (D-IL) introduced a companion bill in October, the Fairness in Sentencing Act. It hasn't moved yet, but thanks to a decade-long effort by a broad range of advocates, all the pieces are now in place for something to happen in this Congress. By the time we get around to the Top 10 of 2010, the end of the crack/powder cocaine sentencing disparity better be one of the big stories.

West Coast Weed Wars: Legalizing Legislators Come Out Swinging

Two leading advocates of marijuana legalization at the statehouse came out swinging during a Thursday press conference to push the issue forward. Assemblyman Tom Ammiano (D-San Francisco), author of AB 390, the California legalization bill, and Rep. Roger Goodman (D-Kirkland), cosponsor of HB 2401, the Washington state legalization bill, both said the time to legalize marijuana has come.

http://www.stopthedrugwar.org/files/sacramentohearing1.jpg
Ammiano press conference for AB 390
"We're very excited, we've gained a lot of traction, and the political will seems to be there," said Ammiano, whose bill has already had one committee hearing and heads for an Assembly Public Safety Committee vote next month. "There also seems to be a populist dimension, as evidenced by the legalization initiative, which has qualified for the ballot."

Ammiano was referring to the Tax and Regulate Cannabis 2010 initiative sponsored by Oakland medical marijuana entrepreneur Richard Lee, which formally announced this week that it had secured sufficient signatures to make the November 2010 ballot. (The Chronicle reported on that story two weeks ago.

"My bill would generate much needed revenue for the state," Ammiano continued. "We are in an historic economic and fiscal crisis, and taxing marijuana is just common sense."

But, Ammiano added, it isn't all about the dollars. "This is not just about the revenue," he said, "this is a social justice issue. People of color, specifically African-Americans, are being disproportionately arrested," the San Francisco assemblyman charged.

While opponents of legalization want to talk about its social costs, said Ammiano, that argument needs to be turned around. "We need to be talking about the social costs or prohibition," he said. "As a parent and grandparent, I'm concerned about the easy access that young people have, and I'm concerned about the chaos that prohibition brings, which is what we now have in California."

http://www.stopthedrugwar.org/files/rogergoodman.jpg
Roger Goodman
If the California legislature is moving toward legalization, Washington's is right behind it, said Goodman, who represents a suburban Seattle district, and whose day job when the legislature is out of session is headingthe King County Bar Association's Drug Policy Project. "We're following California's lead," Goodman said. "This is an issue that has been simmering and is now ripe for public discussions. Finally, rationality is being allowed in this discussion."

Goodman said he didn't intend to waste his time on a bill that had no chance of passage. "If we didn't think we could do this, we wouldn't be doing it at all," he said. "This is not an idle effort."

Marijuana legalization addresses a whole set of legitimate public policy objectives, said Goodman. "Let's protect our children, let's get it off the streets, let's be fiscally responsible," he said. "Let's talk regulation instead of prohibition because we can't afford that anymore. This issue has been sexy too long; it's time to make it boring. Let's talk about a regulatory framework for cultivation and sales and about storage and about quality control and about times and places for sales, the same way we talk about controlling liquor and pharmaceuticals."

The Washington bill, which was pre-filed for next year's session earlier this month, has not, naturally enough, advanced as far as Ammiano's California bill. But Goodman said it would move and could be modified during the legislative process. "We need public input into the rulemaking," he said. "This bill is a work in progress."

California and Washington are not the only states with active marijuana legalization efforts. In the Northeast, both Vermont and Massachusetts saw bills introduced this year. But despite rising support nationwide for legalization, the West Coast still seems the best bet.

"Polls show increasing levels of public support all around the country for making marijuana legal," said Julie Harris, managing director of public policy for the Drug Policy Alliance (DPA), which arranged the press conference. "Marijuana is increasingly seen as a mainstream substance used recreationally and unproblematic ally by millions of Americans. We see tremendous momentum in favor of making marijuana legal, yet we still see 850,000 Americans arrested for it every year," Harris noted.

"With so many states facing fiscal crises and draconian budget cuts, why are we wasting our precious law enforcement resources on nothing more serious than using marijuana?" Harris asked. "It's time we move toward a system of reasonable regulation."

Legalization needn't worry about federal marijuana prohibition, said DPA staff attorney Theshia Naidoo. "There is nothing in federal law that requires states to criminalize any particular conduct," she said. "States have the ability to decide what conduct is illegal or not under state law. The federal Controlled Substances Act criminalizes the possession, cultivation, and sale of marijuana under federal law, but does not compel the states to criminalize marijuana," Naidoo argued.

"The federal government may criminalize marijuana, but it cannot force the states to criminalize or to enforce federal prohibition," she reiterated. "The states are free to opt out of federal marijuana prohibition."

California looks to be the first state likely to break with federal prohibition -- either through the legislature or at the ballot box -- but cracks in the dam of pot prohibition are starting to show up elsewhere as well.

Latin America: Mexico Drug War Update

by Bernd Debusmann, Jr.

http://www.stopthedrugwar.org/files/ricardo-murillo.jpg
poster of assassinated human rights advocate Ricardo Murillo
Mexican drug trafficking organizations make billions each year trafficking illegal drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed over 16,000 people, with a death toll of over 7,000 so far in 2009. The increasing militarization of the drug war and the arrest of several high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:

Saturday, December 12

In the town of Almoloya, near Mexico City, six members of a family were killed by gunmen who attacked their home in the morning. Gunmen entered their home, locked several children in a bedroom, then lined up and shot the six adults, three men and three women ranging in ages from 25 to 52. Two bodies were also found in the nearby town of Villa Victoria, although it is unclear if these two incidents are related.

In Guadalajara, a prep school teacher was shot and killed by two gunmen as he drove to work. In Culiacan, Sinaloa, two women with their hands and feet bound were found executed. 16 people were killed in Ciudad Juárez, including a police official. In Michoacan, police found the bodies of three suspected cartel members, who were found dead in a car that contained weapons of various calibers. Six people were also killed in Tijuana, and five in Durango.

Monday, December 14

The spokesman for the Catholic Archdiocese of Mexico called on the Mexican army to withdraw from the streets of Mexican cities. The spokesman, Hugo Valdemar, called on more effective police forces to be created. He also said that local authorities "cannot count on the army," and said that "unfortunately, the army is committing human rights violations" in its fight against organized crime. The same day as his statements, two law enforcement facilities in Durango were attacked by grenades.

Tuesday, December 15

Seven people were killed in Tijuana, bringing the total number of murders in the city to 23 in four days. Among the dead was a man found by commuters hanging by his hands from a bridge over the Tijuana-Playas de Rosarito highway. In Ciudad Juárez, ten men and one woman were killed in several incidents across the city. In the state of Aguacalientes, a woman was found murdered, along with a note accusing her of being an informant. Near Nogales, six bodies were found dumped in a construction site. In the same time period, three people were killed in Sinaloa, three in Guerrero, and one (a 17-year old boy) outside Mexico City.

Wednesday, December 16

In a major coup for the government, Beltran Leyva cartel leader Arturo Beltran Leyva was killed along with two other cartel members when members of the Mexican Navy attacked their apartment in a luxury quarter of Cuernavaca. One Mexican sailor also died in the 90 minute-long gun battle.

Ricardo Chavez Aldana, a reporter for the Ciudad Juárez radio station Radio Cañón fled to El Paso with his family and requested political asylum. Two nephews of his were recently killed in Ciudad Juárez and his family had received death threats. He is the fourth Ciudad Juárez journalist to seek asylum in the US. In the last nine years, 56 journalists have been killed in Mexico. Most of the killings remained unsolved.

In Tijuana, gunmen armed with assault rifles killed four men in a taco store. Several people were wounded in the attack. The day before, the bodies of four decapitated men were found in the city, and four other people were killed by gunfire, including one woman. These killings brought to 35 the number of people murdered in Tijuana since Friday. The reasons for the sudden spike in violence are unclear, although much of the violence in Tijuana is due to the intense rivalry between the Arellano-Felix Organization (AFO) and a breakaway faction that has allied itself with the Sinaloa Cartel.

In Ciudad Juárez, 18 people were killed in a 24-hour period. In one incident, five men were killed when a home was attacked by a group of gunmen. The five men attempted to flee, but were gunned down in the courtyard. In another incident, two men were killed by gunmen wielding AK-47's.

In Guerrero, body parts belonging to two individuals were found inside plastic bags. A note was found near the bag which threatened kidnappers and was said to be from "the boss of bosses". This nickname is thought to belong to Arturo Beltran-Leyva, one of the heads of the Beltran-Leyva organization. The note also implored the local population not to be alarmed by the killings.

Body Count for the Week: 221

Body Count for the Year: 7,277

Read the last Mexico Drug War Update here.

Feature: Fired Up in Albuquerque -- The 2009 International Drug Policy Reform Conference

Jazzed by the sense that the tide is finally turning their way, more than a thousand people interested in changing drug policies flooded into Albuquerque, New Mexico, last weekend for the 2009 International Drug Policy Reform Conference, hosted by the Drug Policy Alliance. Police officers in suits mingled with aging hippies, politicians met with harm reductionists, research scientists chatted with attorneys, former prisoners huddled with state legislators, and marijuana legalizers mingled with drug treatment professionals -- all united by the belief that drug prohibition is a failed policy.

http://stopthedrugwar.org/files/vigildpa09.jpg
candlelight vigil outside the Albuquerque Convention Center (courtesy Drug Policy Alliance)
As DPA's Ethan Nadelmann said before and repeated at the conference's opening session: "We are the people who love drugs, we are the people who hate drugs, we are the people that don't care about drugs," but who do care about the Constitution and social justice. "The wind is at our backs," Nadelmann chortled, echoing and amplifying the sense of progress and optimism that pervaded the conference like never before.

For three days, conference-goers attended a veritable plethora of panels and breakout sessions, with topics ranging from the drug war in Mexico and South America to research on psychedelics, from implementing harm reduction policies in rural areas to legalizing marijuana, from how to organize for drug reform to what sort of treatment works, and from medical marijuana to prescription heroin.

It was almost too much. At any given moment, several fascinating panels were going on, ensuring that at least some of them would be missed even by the most interested. The Thursday afternoon time bloc, for example, had six panels: "Medical Marijuana Production and Distribution Systems," "After Vienna: Prospects for UN and International Reform," "Innovative Approaches to Sentencing Reform," "Examining Gender in Drug Policy Reform," "Artistic Interventions for Gang Involved Youth," and "The Message is the Medium: Communications and Outreach Without Borders."

The choices weren't any easier at the Friday morning breakout session, with panels including "Marijuana Messaging that Works," "Fundraising in a Tough Economy," "Congress, President Obama, and the Drug Czar," "Zoned Out" (about "drug-free zones"), "Psychedelic Research: Neuroscience and Ethnobotanical Roots," "Opioid Overdose Prevention Workshop," and "Border Perspectives: Alternatives to the 40-Year-Old War on Drugs."

People came from all over the United States -- predominantly from the East Coast -- as well as South Africa, Australia, Canada, Europe (Denmark, England, France, Hungary, the Netherlands, Poland, Portugal, Scotland, and Switzerland), Latin America (Argentina, Brazil, Colombia, and Mexico), and Asia (Cambodia and Thailand).

Medical marijuana was one of the hot topics, and New Mexico, which has just authorized four dispensaries, was held up as a model by some panelists. "If we had a system as clear as New Mexico's, we'd be in great shape," said Alex Kreit, chair of a San Diego task force charged with developing regulations for dispensaries there.

"Our process has been deliberate, which you can also read as 'slow,'" responded Steve Jenison, medical director of the state Department of Health's Infectious Disease Bureau. "But our process will be a very sustainable one. We build a lot of consensus before we do anything."

Jenison added that the New Mexico, which relies on state-regulated dispensaries, was less likely to result in diversion than more open models, such as California's. "A not-for-profit being regulated by the state would be less likely to be a source of diversion to the illicit market," Jenison said.

For ACLU Drug Policy Law Project attorney Allen Hopper, such tight regulation has an added benefit: it is less likely to excite the ire of the feds. "The greater the degree of state involvement, the more the federal government is going to leave the state alone," Hopper said.

At Friday's plenary session, "Global Drug Prohibition: Costs, Consequences and Alternatives," Australia's Dr. Alex Wodak amused the audience by likening the drug war to "political Viagra" in that it "increases potency in elections." But he also made the more serious point that the US has exported its failed drug policy around the world, with deleterious consequences, especially for producer or transit states like Afghanistan, Bolivia, Colombia, Mexico, and Peru.

At that same session, former Mexican foreign minister Jorge Castaneda warned that Latin American countries feel constrained from making drug policy reforms because of the glowering presence of the US. Drug reform is a "radioactive" political issue, he said, in explaining why it is either elder statesmen, such as former Brazilian President Cardoso or people like himself, "with no political future," who raise the issue. At a panel the following day, Castaneda made news by bluntly accusing the Mexican army of executing drug traffickers without trial. (See related story here).

It wasn't all listening to panels. In the basement of the Albuquerque Convention Center, dozens of vendors showed off their wares, made their sales, and distributed their materials as attendees wandered through between sessions. And for many attendees, it was as much a reunion as a conference, with many informal small group huddles taking place at the center and in local bars and restaurants and nearby hotels so activists could swap experiences and strategies and just say hello again.

The conference also saw at least two premieres. On the first day of the conference, reporters and other interested parties repaired to a Convention Center conference room to see the US unveiling of the British Transform Drug Policy Foundation publication, After the War on Drugs: A Blueprint for Legalization, a how-to manual on how to get to drug reform's promised land. Transform executive director Danny Kushlick was joined by Jack Cole of Law Enforcement Against Prohibition, Sanho Tree of the Institute for Policy Studies, Deborah Small of Break the Chains, and DPA's Nadelmann as he laid out the case for moving beyond "what would it look like."

"There's never been a clear vision of a post-prohibition world," said Kushlick. "With this, we've tried to reclaim drug policy from the drug warriors. We want to make drug policy boring," he said. "We want not only harm reduction, but drama reduction," he added, envisioning debates about restrictions on sales hours, zoning, and other dreary topics instead of bloody drug wars and mass incarceration.

"As a movement, we have failed to articulate the alternative," said Tree. "And that leaves us vulnerable to the fear of the unknown. This report restores order to the anarchy. Prohibition means we have given up on regulating drugs; this report outlines some of the options for regulation."

That wasn't the only unveiling Thursday. Later in the evening, Flex Your Rights held the first public showing of a near-final version of its new video, 10 Rules for Dealing with Police. The screening of the self-explanatory successor to Flex Your Right's 2003 "Busted" -- which enjoyed a larger budget and consequently higher production level -- played to a packed and enthusiastic house. This highly useful examination of how not to get yourself busted is bound to equal if not exceed the break-out success of "Busted." "10 Rules" was one of a range of productions screened during a two-night conference film festival.

The conference ended Saturday evening with a plenary address by former New Mexico Gov. Gary Johnson, who came out as a legalizer back in 2001, and was welcomed with waves of applause before he ever opened his mouth. "It makes no sense to spend the kind of money we spend as a society locking up people for using drugs and using the criminal justice system to solve the problem," he said, throwing red meat to the crowd.

We'll do it all again two years from now in Los Angeles. See you there!

Drug War Chronicle Book Review: "Drug War Zone: Frontline Dispatches from the Streets of El Paso and Juarez," by Howard Campbell (2009, University of Texas Press, 310 pp., $24.95 PB)

Phillip S. Smith, Writer Editor

Howard Campbell's "Drug War Zone" couldn't be more timely. Ciudad Juárez, just across the Rio Grande from El Paso, is awash in blood as the competing Juárez and Sinaloa cartels wage a deadly war over who will control the city's lucrative drug trafficking franchise. More than 2,000 people have been killed in Juárez this year in the drug wars, making the early days of Juárez Cartel dominance, when the annual narco-death toll was around 200 a year, seem downright bucolic by comparison.

http://www.stopthedrugwar.org/files/drugwarzone.jpg
The violence in Mexico, of which Juárez is the current epicenter, has been setting off alarm bells in Washington, and the US has responded with thousands more law enforcement agents on the border and more than a billion dollars in aid to the Mexican government. In other words, what we've been doing hasn't worked, so let's do even more of it, even more intensely.

We've all seen the horrific headlines; we've all seen the grim and garish displays of exemplary violence; we've read the statistics about the immense size of the illegal drug business in Mexico and the insatiable appetites of drug consumers in El Norte ("the north," e.g. the US). What we haven't had -- up until now -- is a portrayal of the El Paso-Juárez drug trade and drug culture that gets beneath the headlines, the politicians' platitudes, and law enforcement's self-justifying pronouncements. With "Drug War Zone," Campbell provides just that.

He's the right guy in the right place at the right time. A professor of sociology and anthropology at the University of Texas-El Paso who has two decades in the area, Campbell is able to do his fieldwork when he walks out his front door and has been able to develop relationships with all sorts of people involved in the drug trade and its repression, from low-level street dealers in Juárez to middle class dabblers in dealing in El Paso, from El Paso barrio boys to Mexican smugglers, from journalists to Juárez cops, from relatives of cartel victims to highly-placed US drug fight bureaucrats.

Using an extended interview format, Campbell lets his informants paint a detailed picture of the social realities of the El Paso-Juárez "drug war zone." The overall portrait that emerges is of a desert metropolis (about a half million people on the US side, a million and a half across the river), distant both geographically and culturally from either Washington or Mexico City, with a long tradition of smuggling and a dense binational social network where families and relationships span two nations. This intricately imbricated web of social relations and historical factors -- the rise of a US drug culture, NAFTA and globalization -- have given rise to a border narco-culture deeply embedded in the social fabric of both cities.

(One thing that strikes me as I ponder Campbell's work, with its description of binational barrio gangs working for the Juárez Cartel, and narcos working both sides of the border, is how surprising it is that the violence plaguing Mexico has not crossed the border in any measurable degree. It's almost as if the warring factions have an unwritten agreement that the killings stay south of the Rio Grande. I'd wager they don't want to incite even more attention from the gringos.)

Campbell compares the so-called cartels to terrorists like Al Qaeda. With their terroristic violence, their use of both high tech (YouTube postings) and low tech (bodies hanging from bridges, warning banners adorning buildings) communications strategies, their existence as non-state actors acting both in conflict and complicity with various state elements, the comparison holds some water. Ultimately, going to battle against the tens of thousands of people employed by the cartels in the name of an abstraction called "the war on drugs" is likely to be as fruitless and self-defeating as going to battle against Pashtun tribesmen in the name of an abstraction called "the war on terror."

But that doesn't mean US drug war efforts are going to stop, or that the true believers in law enforcement are going to stop believing -- at least most of them. One of the virtues of "Drug War Zone" is that it studies not only the border narco-culture, but also the border policing culture. Again, Campbell lets his informants speak for him, and those interviews are fascinating and informative.

Having seen its result close-up and firsthand, Campbell has been a critic of drug prohibition. He still is, although he doesn't devote a lot of space to it in the book. Perhaps, like (and through) his informants, he lets prohibition speak for itself. The last interview in the book may echo Campbell's sentiments. It's with former Customs and Border Patrol agent Terry Nelson. In the view of his former colleagues, Nelson has gone over to the dark side. He's a member of Law Enforcement Against Prohibition.

If you're interested in the border or drug culture or the drug economy or drug prohibition, you need to read "Drug War Zone." This is a major contribution to the literature.

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, 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, 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

StopTheDrugWar Video Archive