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The GOP Platform on Crime and Drugs

With Republican delegates now gone home after their national convention in Tampa, this is as good a time as any to examine their official position on crime and drugs. The 2012 GOP Platform lays it out, and reformers may find a few things to be pleasantly surprised about, at least if elected Republicans actually adhere to their party's official positions.

What may be most significant is what isn't in the platform: Four years ago, the GOP platform had a whole section devoted to the war on drugs. That has vanished this time around.

But reformers still won't find too much to make them smile. In the platform section titled "Justice for All: Safe Neighborhoods and Prison Reform," after the boilerplate language about how "strong families and caring communities supported by excellent law enforcement" are the most effective forces in reducing crime, the Republicans get to it:

"Our national experience over the last several decades has shown that citizen vigilance, tough but fair prosecutors, meaningful sentences, protection of victims’ rights, and limits on judicial discretion can preserve public safety by keeping criminals off the streets," the platform reads. "Liberals do not understand this simple axiom: Criminals behind bars cannot harm the general public. To that end, we support mandatory prison sentencing for gang crimes, violent or sexual offenses against children, repeat drug dealers, rape, robbery and murder... We oppose parole for dangerous or repeat felons…"

But even the GOP, and, more broadly, conservatives are coming to understand that being "tough on crime" is not enough, as evidenced by the formation of the conservative Smart on Crime Coalition, some of whose positions appear to have been incorporated into the platform:

"While getting criminals off the street is essential, more attention must be paid to the process of restoring those individuals to the community. Prisons should do more than punish; they should attempt to rehabilitate and institute proven prisoner reentry systems to reduce recidivism and future victimization," the platform states.

It goes on to endorse state and local initiatives, such as "accountability courts," or the drug court model, and calls for government to work with faith-based institutions to try to divert first-time, nonviolent offenders -- although it doesn't say it wants to divert them from the criminal justice system, just from "criminal careers." The platform does, however, call for supporting state and local initiatives "trying new approaches to curbing drug abuse and diverting first-time offenders to rehabilitation."

The platform of the party of small government and states' rights also laments that federal law enforcement has "been strained by two unfortunate expansions: the over-criminalization of behavior and the over-federalization of offenses," noting that the number of federal offenses has increased by almost 50% since the 1980s.

"Federal criminal law should focus on acts by federal employees or acts committed on federal property -- and leave the rest to the states," the platform says. Then Congress should withdraw from federal departments and agencies the power to criminalize behavior, a practice which, according to the Congressional Research Service, has created 'tens of thousands' of criminal offenses... In the same way, Congress should reconsider the extent to which it has federalized offenses traditionally handled on the state or local level."

There it is, the official platform of the Republican Party this year. One mention of drug dealers, one mention of drug users, no mentions of medical marijuana or marijuana legalization, but some hints that the GOP could live with some experimentation in the states and a smaller federal enforcement arm.

Tampa, FL
United States

California Drug Overdose Prevention Bill Passes

A bill aimed at saving the lives of drug overdose victims by protecting those who would come to their assistance from prosecution on drug charges passed the California legislature Monday on a bipartisan vote of 54-22 in the Assembly. It had already passed the Senate. The vote came days before International Overdose Awareness Day.

fatal drug overdose (wikimedia.org)
In recent years, Californians have been dying of drug or alcohol overdoses at a rate of ten a day, with the number of fatal overdoses increasing by 24% between 2000 and 2006, according to supporting documentation within the bill.

Introduced by Assemblyman Tom Ammiano (D-San Francisco), the bill, Assembly Bill 472, provides that neither the overdose victim nor a person who seeks emergency treatment for him shall be charged with the crime of drug possession or being under the influence of drugs, provided the drugs are for personal use.

Such bills are known as "Good Samaritan" bills and have already been passed nine other states.

In asking his colleagues to vote for the measure, Ammiano noted that more people die from drug overdoses than in car crashes. Fewer would die, he said, if witnesses sought prompt emergency help, but some hesitate for fear of being arrested for their drug use or possession. That argument got through to members of both parties.

"This is not going soft on crime," said Assemblyman Donald Wagner (R-Irvine). While he added that he does not condone drug use, he said it was necessary to "overlook some indiscretions for the greater good."

"It's critically important to save lives," said Assemblywoman Kristen Olsen (R-Modesto). "This bill doesn't condone drug behavior."

"It's not going to encourage underage use," noted Assemblyman Mike Feuer (D-Los Angeles). On the contrary, he said, the knowledge that overdose is so life-threatening should encourage users to reevaluate their behaviors.

"It's time we started saving lives in California," said Ammiano.

The bill was lobbied for by the Drug Policy Alliance, and supported by a range of organizations including California Society of Addiction Medicine, California Attorneys for Criminal Justice; California Professional Firefighters, California Association of Alcohol and Drug Program Executives County Alcohol and Drug Program Administrators Association of California, National Council of Alcohol and Drug Dependence of the San Fernando Valley, National Association of Social Workers, Asian Pacific AIDS Intervention Team, Bay Area Addiction Research and Treatment, Families ACT!, Grief Recovery After a Substance Passing and Parents for Addiction Treatment and Healing.

The only group to officially oppose it was the California Sheriff's Association.

The bill now goes to the desk of Gov. Jerry Brown (D).

Sacramento, CA
United States

New Jersey Good Samaritan Overdose Bill Passes

A bill designed to reduce drug overdose deaths by providing some legal protection to people who witness them and summon medical assistance has been approved by the state legislature and now awaits the signature of Gov. Chris Christie (R). The bill passed the Senate Monday on a 21-10 vote; it had cleared the Assembly back in May.

fatal drug overdose (wikimedia.org)
The bill, Assembly Bill 578, also known as the Good Samaritan Emergency Response Act, would provide limited legal protection against drug possession charges for people who witness an overdose and call 911. It is aimed at reducing drug overdose deaths by reducing the fear of arrest for those might call for assistance.

According to the Centers for Disease Control and Prevention, drug overdoses are now the leading cause of accidental death, replacing automobile accidents. More than 27,000 people died from drug overdoses in 2007, most of them from prescription opiates, either by themselves or in combination with other drugs, including alcohol.

Many drug overdose deaths occur in the presence of others and take hours to occur, meaning that there is time and opportunity to call for help. But strict enforcement of drug possession laws against would-be Samaritans discourages some from making that call.

Advocates are applauding the passage of the life-saving bill.

"Calling 911 should never be a crime. Our current policies focus on punishment and drive people into the shadows and away from help," said Roseanne Scotti, New Jersey State Director of the Drug Policy Alliance. "Saving lives should always take priority over punishing behavior.  A Good Samaritan law will encourage people to get help."

"When a life is on the line we can ill afford to waste time weighing the consequences of calling 911 or deciding whether or not to be truthful about what substance was used to overdose," said Senate bill sponsor Sen. Joseph Vitale (D-Middlesex). "By narrowly eliminating the criminal consequences one might face after calling 911 to report an overdose, I hope to diminish any hesitation one might have about doing the right thing."

"I and my family are so grateful to the senate for passing this life-saving legislation," said Patty DiRenzo, whose son Salvatore died of an overdose at age 27. "We, and the other families who have lost loved ones to overdose, will be advocating with Gov. Christie to urge him to sign this bill. It's extremely important that we prevent future overdose deaths and spare other families the grief that mine has endured."

If Gov. Christie signs the bill into law, New Jersey will become the ninth state to enact a Good Samaritan law. The others are Colorado, Connecticut, Florida, Illinois, New Mexico, New York, Rhode Island, and Washington. Similar legislation is pending in several other states.

Trenton, NJ
United States

Now They're Trying to Ban... Kratom? [FEATURE]

The prohibitionist impulse is strong. When confronted with a newly encountered psychoactive substance, there are always special pleaders to sound the alarm and politicians willing to reflexively resort to the power of the ban. Whether it is something with serious potential dangers, like the "bath salts" drugs, or something much more innocuous, like khat, the mild stimulant from the Horn of Africa, doesn't seem to matter; the prohibitionist impulse is strong.

mitragyna speciosa (kratom) tree (photo by Gringobonk, courtesy Erowid.org)
Kratom is a substance that falls on the more innocuous side of the psychoactive spectrum. It is the leaves of the kratom tree, mitragyna speciosa, which is native to Thailand and Indonesia, where the leaves have been chewed or brewed into a tea and used for therapeutic and social purposes for years. According to the online repository of psychoactive knowledge, the Vaults of Erowid, kratom acts as both a mild stimulant and a mild sedative, creates feelings of empathy and euphoria, is useful for labor, and is relatively short-acting.

Of course, any psychoactive substance has its good and its bad sides, but kratom's downside doesn't seem very severe. Erowid lists its negatives as including a bitter taste, dizziness and nausea at higher doses, mild depression coming down, feeling hot and sweaty, and hangovers similar to alcohol. There is no mention of potential for addiction, and while fatal overdoses are theoretically possible, especially with its methanol and alkaloid extracts, in the real world, ODing on kratom doesn't appear to be an issue. No fatal overdoses are known to have actually occurred.

On the other hand, some of kratom's alkaloids bind to opioid receptors in the brain, making it an opioid agonist, and it is now being sold in the West and used to treat pain, depression, anxiety, and opiate withdrawal. Sold in smoke shops, herbal supplement emporia, and on the Internet, it is now apparently being lumped in with synthetic cannabinoids and the "bath salts" drugs by treatment professionals, law enforcement, and others who make a habit of searching for scary new drugs.

Kratom is not listed as a banned substance in the 1961 Single Convention on Narcotic Drugs or its successor treaty, and has been banned in only a handful of countries, most ironically in Thailand itself. It was banned there in 1943, when then Thai government was taxing the opium trade and opium users were switching to kratom to aid in withdrawals and as a substitute.

Arrests for kratom possession have jumped in recent years, from more than 1,200 in 2005 to more than 7,000 in 2009, even though the Thai Office of the Narcotics Control Board recommended to the Justice Department in 2010 that it be decriminalized because of the lack of any perceivable social harms.

In the US, the DEA added kratom to its list of drugs of concern in 2010, although that doesn't mean that a federal ban is necessarily imminent. Salvia divinorum, for example, has been a drug of concern for more than a decade now, with no action taken. But while the feds haven't acted, there were efforts to ban kratom in several states in the US this year, although only Indiana actually succeeding in outlawing it. In Louisiana, age restrictions were placed on its purchase.

The experience of Iowa, where legislation to ban kratom is still pending, is illustrative of how bans are created. The Iowa effort happened after state Rep. Clel Baudler (R) heard about kratom on a radio program. Within two hours, he was moving to ban it.

"Kratom is a hallucinogen, addictive, and can be life threatening," he said at the time, in complete contradiction of all that is actually known about kratom.

It's not just states that are considering bans on kratom. Pinellas County, Florida, was about to enact one this week, but the prohibitionist bandwagon hit a bump in the road in the form of perennial drug war gadfly Randy Heine, owner of Rockin' Cards and Gifts in Pinellas Park, who told the Chronicle he had been selling kratom in his store since 1981.

Seeing what was coming down the pike, Heine alerted the Kratom Association, a group of users, producers, and vendors dedicated to keeping kratom legal, who flooded county commissioners with emails. He also addressed the commission itself.

http://www.stopthedrugwar.org/files/randy-heine-201px.jpg
Randy Heine
"I have been selling kratom for over 30 years out of my store on Park Blvd. I challenge anyone to find any problem originating from my store selling kratom," he wrote in a letter made available to the Chronicle. "Do not lump in synthetic chemicals with an organic plant material. This is like comparing apples to oranges. I would like to see kratom be sold only to persons over the age of 18, similar to the proposal being made in our sister state of Louisiana."

In the conservative county, Heine also appealed to the ghost of Ronald Reagan in his letter to commissioners. What riles up the Reagan in him, Heine wrote, is "growing the bureaucracy by creating another board to regulate what I and others do in privacy of our own homes."

"I got letters back from two of the commissioners," said Heine. "They read my Ronald Reagan letter out loud, and one of the GOP commissioners thanked me for sharing my thoughts. The commission has now deferred this item so we can take a closer look at the issues involved."

Many of his kratom customers are using it as an opiate substitute, he said.

"We have a drug rehab place here, and my feeling is that a lot of their clients are purchasing kratom instead of methadone. It's competition; I'm taking away money," he said. "Some of my customers say methadone is worse than heroin and keeps you addicted. Kratom weans them off heroin. A lot of them say they just do less and less kratom until the craving stops. I have a couple of senior women who say they're tired of taking prescription pills, that they make them nutty, and kratom works for them."

Chronicle readers may recall that Pinellas County is where a drug reform-minded upstart Democratic candidate for sheriff is taking on either the scandal-plagued Republican incumbent sheriff or his challenger and predecessor, former Sheriff Everett Rice (the GOP primary is next week), whose supporters on the council were pushing the kratom ban. That Democrat, Scott Swope, is so good on drug policy that his candidacy persuaded Heine to drop his own bid for the sheriff's office.

"This looks like another unconstitutional intrusion into the lives of Pinellas citizens who aren't harming anyone," Swope said. "I've researched kratom and although there doesn't seem to be as much research available as cannabis, it appears to me to be a plant product that should not be banned. I think the purchase or possession of any of these things (cannabis, kratom, bath salts) by minors should not be allowed. Adults, however, should be free to do what they want as long as they aren't harming anyone else."

While Heine is currently bedeviled by the effort to ban kratom, as well as an associated effort to force smoke shops to put large signs on their doors saying they sell drug paraphernalia, the Swope candidacy has him hoping for better times ahead. 

"Swope can win," he exulted. "We finally have a candidate who is talking about marijuana. Even the Republican candidates are now saying they wouldn't bust people for marijuana. When I was still a candidate, I went to many forums to talk about pot, and the media started asking these guys about it. Scott won't arrest people for personal use."

Whether it's relatively unknown substances like kratom or now familiar substances like marijuana, the battle lines are drawn in what is ultimately a culture war. On one hand, the forces of fear and authoritarianism; on the other, the forces of free inquiry and personal liberty. It's been a long war, and it isn't going to end anytime soon, but perhaps now there are hints that the correlation of forces is changing.

Stopping unnecessary prohibitions before they get started is part of the struggle; undoing entrenched prohibitions with powerful interests behind them is another part of the struggle, but even though the substances are different, it's the same struggle.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Pinellas County
FL
United States

Bipartisan Bill to Fight Overdoses Filed in Congress

A bipartisan group of legislators led by Reps. Donna Edwards (D-MD) and Mary Bono Mack (R-CA) last Thursday introduced a bill designed to reduce the number of overdose deaths related to the use of opioid pain medications. Among other measures, the bill seeks to ramp us the use of naloxone, an opioid antagonist that quickly reverses overdoses among heroin and opioid pain reliever users.

naloxone package (wikimedia.org)
The bill, known as the Stop Overdoses Stat Act, did not have a bill number and was not yet available online as of last Thursday afternoon. [Update: It is now online as H.R. 6311.] It would create federal support for overdose prevention, education, and training programs run by cities, states, tribal governments, and community groups.

It is aimed primarily at the rapid increase in fatal prescription opioid overdose deaths that have accompanied the massive increase in opioid pain pill prescriptions over the past decade. Since the late 1990s, roughly the time Oxycontin appeared on the scene, the number of fatal overdose deaths have jumped more than 140%, claiming more than 28,500 lives in 2009 (the latest year data is available). While overdoses from illegal drugs persist as a major public health problem, fatal overdoses from prescribed opioid pain relievers such as oxycodone account for more than 40% of all overdose deaths.

Fatal drug overdoses now exceed the number of deaths from firearms and are second only to car crashes as the leading cause of accidental death. Currently, somebody dies of a drug overdose every 14 minutes in the US.

Despite growing recognition among federal health authorities and lawmakers that overdose prevention programs employ techniques and resources that are highly effective at saving lives at low-cost to taxpayers, few federal dollars are dedicated to supporting these critical programs. A February report from the Centers for Disease Control credits overdose prevention programs with saving more than 10,000 lives since 1996.

"Local health officials and frontline workers engaged in overdose prevention are saving lives every day using straightforward, low-cost interventions. With federal support, we could be saving many more lives and spare countless families from enduring the heart wrenching, yet completely preventable, loss of a loved one," said Grant Smith, federal policy coordinator for the Drug Policy Alliance. "The Drug Policy Alliance applauds Congresswoman Edwards and Congresswoman Bono Mack for introducing this live-saving legislation and showing leadership on this issue in Congress."

"The SOS Act will fight a growing health crisis that is going largely unnoticed in our country," said Edwards. "Approximately 30,000 Americans die each year from drug overdoses, yet the national response to combat this ongoing crisis remains woefully inadequate. It is time that the federal government took on an active role in promoting proven treatments recommended by medical associations. I want to thank Congresswoman Mary Bono Mack for joining me in introducing the SOS Act, and I look forward to working with all my colleagues to pass this bill into law."

Local overdose prevention programs have been successfully implemented in more than 180 locations nationwide, including pioneering statewide programs in Massachusetts, New Mexico, and New York, and in major cities including Baltimore, Boston, Los Angeles, Pittsburg, and San Francisco. Passage of the SOS Act would make federal funds available to support these and similar programs and add new ones.

"As Americans, we rally around efforts to fight breast cancer, childhood diseases and other serious health threats. But for far too long, there have only been hushed whispers about prescription drug abuse -- now the fastest growing drug problem in America. So as the death toll from prescription drug overdoses continues to rise sharply, it's time to move this story from the obituary page to the front page where it belongs," said Bono Mack. "It's time to realize that we can't simply wish this horrific problem away. Not with more than 20,000 people a year dying from it. Not when the number of newborn babies who must be withdrawn from opiate dependence at birth has tripled in the past decade. Not when nearly one out of 4 high school seniors has used prescription painkillers. This is nothing less than a national tragedy. If 20,000 people died each year from food poisoning, Americans would demand immediate action."

The bill currently has two dozen cosponsors.

Washington, DC
United States

"You Can't Stop AIDS Without Ending the Drug War" [FEATURE]

The XIX International AIDS Conference took place in Washington, DC, last week, bringing more than 20,000 scientists, activists, government officials, and journalists to assess the science and determine best practices for reducing the spread of the HIV virus. The US was able to host the conference for the first time in 22 years after it finally repealed a law denying people with HIV admission to the country.

http://stopthedrugwar.org/files/aids2012-protest-1.jpg
activists interrupt the conference opening session to protest the exclusion of drug users and sex workers (video at droginreporter.hu/en)
But other critical groups remained excluded -- drug users and sex workers. Although they make up a majority of people living with HIV in many countries, people who admit to ever using drugs or engaging in prostitution within the past 10 years are inadmissible under US immigration laws. The State Department could have issued a blanker waiver of inadmissibility for people attending the conference, but declined to do so.

Drug users and sex workers who wanted to attend the conference were thus faced with a dilemma: Tell the truth and be barred or lie on the visa application, which in itself is a violation of US immigration law. As a result, representatives of some of the groups most affected -- and most likely to be affected in the future -- were unable to attend.

"People do not want to run the risk of attending the conference in a country where they are told they are not wanted or desired," said Allan Clear, the executive director of the Harm Reduction Coalition. "It sends the message that people who have a history of drug use or sex work are not actually included in the dialog at all, and is a serious setback in the fight against AIDS. I don't think the US government has any particular interest in actually involving sex workers or drug users in policy or programming."

The exclusion of drug users and sex workers hasn't gone down well with activists. As far back as two years ago at the Vienna AIDS conference, Indian activist Meena Seshu called for a boycott of AIDS 2012, pointing out that it was unethical three decades into the AIDS epidemic to discuss AIDS policy without including those most affected. Some have boycotted the conference, opting instead to attend a Kiev conference that began July 9 for drug users and people living with HIV from Eastern Europe. Sex workers and their allies followed with a side meeting in Kolkata this week. While those two events are officially considered "hubs" of the International AIDS Conference, many attended them as a means of protesting the exclusion of drug users and sex workers in Washington.

Unhappiness broke into the open in Washington Monday when dozens of drug user and sex workers activists disrupted the conference's opening press event. They leapt from their seats unexpectedly and marched through the room, waving banners and shouting slogans such as "No drug users? No sex workers? No International AIDS conference!"

Discontent with AIDS policies that marginalize drug users and sex workers escaped from the conference rooms and onto the streets again on Tuesday, as hundreds marched to the White House chanting "No More Drug War" in a rally timed to coincide with the conference. The march broadened the scope of protest, linking the battle against AIDS with the war on drugs and corporate domination of US political life.

On the way to the White House, protestors stopped at UPS and Wells Fargo facilities to chide those corporations for unhelpful practices. UPS took heat for donating to politicians who voted to restore the federal ban on needle exchange funding, and Wells Fargo for investing in private prisons.

"Wells Fargo is literally invested in locking more people up," said Laura Thomas of Drug Policy Alliance (DPA).

Activism around drug users and AIDS also took place in the conference's Global Village, including the installation of a model of Vancouver's Insite supervised injection site and tours of a local needle exchange outreach van courtesy of DC's Family and Medical Counseling Services. The Harm Reduction and Global Drug Policy Zone in the village also featured special events and presentations put on by groups including the Harm Reduction Coalition, Harm Reduction International, the Hungarian Civil Liberties Union, the Eurasian Harm Reduction Network, and the International Network of People Who Use Drugs.

Advocates also took advantage of the AIDS conference to unleash a campaign on the theme of "You Can't End AIDS Unless You End the Drug War." Articles to that effect appeared on Alternet and the Huffington Post (and were picked up elsewhere), while Global Commission on Drug Policy member Richard Branson penned a USA Today op-ed piece on how drug prohibition contributes to the spread of HIV. As part of the same campaign, Politico ran a full-page ad signed by Global Commission members and other notables, repeating the message and directly challenging both President Obama and Gov. Romney to "do the right thing." Giants in AIDS advocacy like Michael Kazatchkine and Stephen Lewis joined the calls in speeches given during the conference.

In an unexpected cap to things, former President Bill Clinton called for drug use to be treated as a public health issue, not a criminal justice one, in remarks at the closing plenary. Clinton cited The Huffington Post and Alternet op-eds, coauthored by the Drug Policy Alliance's Ethan Nadelmann and American Foundation for AIDS Research founder Matthilde Krim.

Activists demanding a larger role for drug users and sex workers in setting the policies that are supposed to help them fight AIDS came armed with powerful ammunition. Two recent reports clearly lay out how criminalizing drug use helps spread the disease and how many countries are failing to adequately deal with the spread of HIV among injection drug users.

The first report, from the Global Commission on Drug Policy, makes its findings clear in its title: "The War on Drugs and HIV/AIDS: How Criminalization of Drug Use Fuels the Global Pandemic." In the report, the commission noted that injection drug use now accounts for one-third of new HIV infections outside of sub-Saharan Africa, including some 354,000 people in the US.

"Throughout the world, research has consistently shown that repressive drug law enforcement practices force drug users away from public health services and into hidden environments where HIV risk becomes markedly elevated," the commission said. "Mass incarceration of nonviolent drug offenders also plays a major role in spreading the pandemic."

The commission also remarked on "the remarkable failure" of drug prohibition in reducing the global drug supply. The worldwide supply of illicit opiates, such as heroin, has increased almost four-fold in recent decades, the commissioners noted. They also noted the drug war's contribution to the growth of organized crime and violence.

The commission identified proven addiction treatment and evidence-based public health measures that countries should put in place to reduce the spread of HIV and protect community health and safety. They include needle exchange programs, safer injecting facilities, and prescription heroin programs.

"Failure to take these steps is criminal," the commission said.

In the second report, "The Global State of Harm Reduction 2012: Towards an Integrated Response," from the London-based Harm Reduction International (formerly the International Harm Reduction Association), researchers found that while injection drug use has been identified in 158 countries, only half of them have any programs aimed at preventing the spread of HIV among injectors, and the situation internationally is not improving. Even in countries that are addressing the problem, programs suffer from lack of funding and donor support is decreasing. That is undermining the global response to AIDS, the report concluded.

"In the last two years, we have seen a significant scale-down of services in countries with some of the highest HIV burdens among people who inject drugs," said Rick Lines, the group's executive director. "As tens of thousands gather in Washington this week to call for an end to AIDS, it is becoming increasingly clear that governments have neither the will nor the intention of ending the spread of HIV among people who use drugs."

"We have seen the number of needle exchange programs in Russia drop for 70 in 2010 to only six in 2012. This is made worse by a retreat of many bilateral and multilateral donors to funding effective harm reduction interventions in many countries," said Claudia Stoicescu, public health analyst at Harm Reduction International and author of the report. "Such developments significantly limit progress toward global commitments to halve HIV transmission related to unsafe injecting by 2015, let alone any hope of achieving universal access to HIV prevention, treatment, care and support for people who inject drugs."

"The reluctance of governments to fund an adequate response to HIV and injecting drug use stands in stark contrast to the seemingly limitless budgets for ineffective and punitive law enforcement responses," said Lines. "Governments care more about fighting a losing war on drugs than they do about winning the fight against HIV."

As the world enters its fourth decade of living -- and dying -- with HIV/AIDS, this week's conference and its barriers to participation by and concern for some of those most directly affected by the crisis -- drug users and sex workers -- demonstrate how far we still have to go. They also make achingly clear the destructive role that drug prohibition and the criminalization of marginalized populations play in perpetuating the epidemic.

Maybe next time the International AIDS Society will hold its conference someplace where drug users and other marginalized groups can attend and be heard. Or maybe the United States will alter its harsh visa requirements aimed at drug users and sex workers. Either one would be good. Ending drug prohibition, the stigma it generates, and the obstacles to fighting disease it engenders would be better.

Washington, DC
United States

Southern Harm Reduction and Drug Policy Conference

 

North Carolina Harm Reduction Coalition, Atlanta Harm Reduction Coalition, Streetwork and Women With A Vision invite you to attend the Southern Harm Reduction and Drug Policy Conference

 

Event Dates: The event will take place Thursday September 6th through Saturday September 8th, 2012
 

Sign up page:   http://tinyurl.com/SHRDPC

 

Event Contact: Robert Childs, 336-543-8050 robert@nchrc.net

 

Event Price: $55 via Check, $56 via paypal

 

Scholarships: Scholarships are available to people living in the US South ONLY.  If you need a housing or conference fee waiver scholarship, please fill out the registration form and the following form: http://tinyurl.com/SHRDPC-Scholarship

 

Topics that will be covered:

Syringe Access
Faith, Drugs and Sex Work
HCV and Harm Reduction
Marijuana Policy Update
Harm Reduction Media
Sex Work in the South
Transgender Health & Harm Reduction
War on Drugs, A War on the People
911 Good Samaritan Laws
Advocacy 101
National and Regional Drug Policy Update
Mass Incarceration
Law Enforcement As Advocates
Crack User and Injection Drug User Harm Reduction Safety  
Traditional and Untraditional ways to funding Harm Reduction and Drug Policy Reform 
The Negative Effects of Drug Testing
Overdose Prevention 101
Street Nursing and Outreach Skills
Mapping a Drug Policy Reform and Harm Reduction Friendly Future for the South
Crack Pipe Access and Hepatitis
Drug User Stigma
Syringe Exchange 101

 

Event Financial Sponsors: The Drug Policy Alliance and the MAC AIDS Fund

Event Co-Sponsors: SSDP, Georgia AIDS Coalition, Triangle Health Collective, Kuan-Yin, North Carolina Sex Worker Alliance, Hepatitis Community Voice, and many more!

    Date: 
    Thu, 09/06/2012 - 9:00am - Sat, 09/08/2012 - 5:00pm
    Location: 
    Atlanta, GA
    United States

    Narc Scandal Front and Center in Florida Sheriff Race [FEATURE]

    Scandal has been brewing in the Pinellas County, Florida, Sheriff's Office over the possibly criminal misbehavior of some of its narcotics detectives, and Sheriff Bob Gualtieri, a Republican, has been trying to keep it from spinning out of control. But with his job on the line in November, his challengers, Republicans and Democrats alike, are making the scandal -- and the department's emphasis on busting marijuana grows -- issues with which to wound him in the campaign.

    Narcotics deputies went above and beyond in their efforts to bust indoor marijuana grows (wikimedia.org)
    Pinellas County sits on Florida's Gulf Coast and includes the city of St. Petersburg. For the last few years, it has been an epicenter of the state's prescription opioid epidemic, but despite the county leading the state in Oxycontin overdose deaths, some Pinellas County narcs were more interested in pot growers than pill mill merchants.[Editor's Note: At least one candidate for sheriff is challenging the conventional law enforcement narrative regarding opioid pain medications; see Scott Swope's comments on the topic at the end of this article.]

    It all began when narcotics detectives with the sheriff's office hit on the bright idea of spying on a legal business -- a Largo hydroponics grow shop -- and taking down the license plate numbers of customers, and then snooping around to see what they could find. At least four detectives were involved in surveillance that apparently crossed the line into illegality by trespassing on private property without a warrant, by disguising themselves as utility company workers, and by subsequently falsifying search warrant affidavits (they would claim to have smelled marijuana from the street, when they had actually trespassed to find evidence).

    They would have gotten away with it if not for tenacious defense attorneys. But things began to unravel last year, when the attorney for Allen Underwood, who had been arrested in a grow-op bust, filed a complaint saying that Underwood's surveillance cameras had recorded one of the detectives hopping over his fence. The detective ordered the surveillance video deleted, and the sheriff's office found no evidence of wrongdoing by its man.

    Next, Largo defense attorney John Trevena charged in a case that one of the detectives had donned a Progress Energy shirt and cap to gain warrantless access to a private property. The detective first denied it under oath, then admitted it. At the time, Gualtieri attributed the deception to "over-exuberance" by a young detective.

    Then, in February, Tarpon Springs attorney Newt Hudson questioned one of the detectives under oath about whether he ever saw his dope squad colleagues trespass. Under questioning, the detective admitted that he and one of the other detectives had once broken down a fence to enter a yard of interest.

    "That was the game changer," Sheriff Gualtieri told the Tampa Bay Times last month as he announced he was launching a criminal investigation of the four detectives. "Misconduct will not be tolerated and we will hold accountable any member of the Pinellas County Sheriff's Office who acts contrary to the law," Gualtieri said. "The ends never justify the means."

    Embattled Sheriff Bob Gualtieri (bobforsheriff.com)
    Three of the detectives have resigned, and Gualtieri fired the fourth, but it might be too late to undo the damage to local law enforcement and to Gualtieri's own political prospects. At least 18 pending marijuana grow prosecutions have been halted, and Gualtieri and Chief Assistant State Attorney Bruce Bartlett said they also will review charges against about two dozen other defendants who previously pleaded guilty, were convicted or accepted plea bargains.

    And Gualtieri has been repeatedly pummeled by challengers over the scandal. Not only the sole Democrat in the race, Palm Harbor attorney Scott Swope, but Gualtieri's Republican challengers, most notably former Sheriff Everett Rice, have criticized his handling of the affair. The Republican primary, which Gualtieri hopes to survive, is set for August 14.

    "They shouldn't have been investigating the store to begin with," Swope told the Chronicle. "As far as criminal activity is concerned, we have bigger fish to fry than trying to catch people who are purchasing grow lamps. It was absolutely ridiculous."

    Especially given that the sheriff's office had had to cut $100 million from its budget and eliminate 600 positions, including the cold case unit and sexual predator tracking, Swope said, alluding to the severe financial straits in which the department and the county found themselves.

    "When I'm at a campaign presentation and tell people that they had detectives for surveilling this business selling legal equipment, but not for human trafficking or cold cases, everyone hears that and goes 'wow,'" Swope said. "It's an argument that has some traction."

    Swope also criticized the leisurely pace of Gualtieri's internal investigation.

    "The internal investigation took way too long," said Swope. "When you have an assertion that one of your detectives is trespassing to obtain evidence, falsifying ID to obtain evidence, falsifying affidavits, then destroying evidence, that needs to take precedence over every other internal investigation, and it didn't. When Gualtieri first went on the record, he said he didn't believe it; he just dismissed it, at least initially."

    For Rice, who served as sheriff for 16 years until 2004, the pot grow scandal was an indication of misplaced priorities in Gualtieri's department.

    "How is it that Pinellas and Pasco County became the pill-mill capital of the world in the last three or four years," Rice asked at a candidates' forum this spring, "and meanwhile we're spying on people who have hydroponic materials?"

    Rice was still on the attack last month, telling the Tampa Bay Times that problems in the department are not limited to the pot grow scandal, but also include reports of slipshod internal investigations, narcotics sergeants claiming pay while monitoring detectives from home, and possible thefts.

    "The question is,'' said Rice, "how did that culture come about in the first place? I think people realize that a Sheriff Rice wouldn't put up with such things,'' Rice said.

    Except that he did. During his time in office, one of Rice's narcotics detectives gathered evidence of a pot grow illegally and lied about it under oath. He also fabricated evidence for a search warrant by calling in his own "anonymous tip." In another case, deputies used an informant to get a search warrant without revealing that the informant's wife was having an affair with the suspect. Pinellas judges tossed a number of pot grow cases over police misconduct during Rice's reign, and one detective was prosecuted for perjury.

    One of the cases tossed was against Randy Heine, a Pinellas Park smoke shop owner. In that 1997 bust, deputies raided Heine's home and seized two pounds of pot, but a judge threw out the case, finding that deputies had resorted to "gross, material misrepresentation of the facts'' in their search warrant application.

    Heine, a perennial gadfly on the local scene, has also become a harsh critic of Pinellas-style drug law enforcement. He was briefly a candidate in the sheriff's face before dropping out after failing to pay a filing fee. That leaves Swope, Gualtieri, and Rice.

    Democratic challenger Scott Swope (swopeforsheriff.com)
    For Swope, Gualtieri and Rice are birds of a feather -- traditional lawmen who don't think twice about the futility and expense of continuing to fight the war on marijuana. He offers a different vision, one that includes marijuana decriminalization and, eventually, legalization and regulation.

    "Florida should go the way of more than a dozen other states and decriminalize," he said. "Then the sheriff's office wouldn’t have to expend limited resources trying to catch people in possession of small amounts. That would make it so those young people don't have a criminal record, they're still eligible for student loans, they can get jobs. It's a bit of a shocker for some of my audiences, but when you think about it, it makes perfect sense to save tax dollars by not investigating and prosecuting possession of small amounts."

    A marijuana bust of 20 grams or less is a misdemeanor in Florida, but it means a trip to jail, booking, and waiting to get bonded out. It also uses up law enforcement man-hours during arrest, booking, detention, and prosecution. Florida should and will decriminalize eventually, Swope said, but he wouldn't wait for the legislature to act if elected.

    "As sheriff, I can't tell the legislature what to do, but I would have some influence over the county commission. I could lobby them to enact an ordinance making possession of less than 20 grams an ordinance violation," he explained. "That way, instead of deputies having to arrest people and put them in the criminal justice system, they could just issue an ordinance violation ticket, and the fines would go to Pinellas County.

    Swope was philosophically open to legal, regulated marijuana sales, but wasn't pushing it as a campaign position. First things first, he said.

    "From the perspective of this campaign, the majority of the population believes medical marijuana should be legal, and I do, too," he explained. "Decriminalization and regulation similar to alcohol and cigarettes, well, that's a bit more of a progressive position. I think it's going to be a two-step process: Make medical marijuana legal, and after enough time, and people realize these folks aren't committing crimes, then it's time for step two."

    Swope also had an interesting perspective on the pain pill and pill mill issue.

    "Pinellas County had a very serious problem with pain pills, we led the state four straight years in Oxycontin deaths, and it's still a serious problem, but unfortunately, when they really ramp up the pain pill mill enforcement, the pendulum can swing too far the other way," he noted. "There is a potentially serious negative impact on doctors and pharmacies trying to help people who need the help. If Florida were a little more progressive and had a medical marijuana law, perhaps many could treat themselves with that instead of narcotics."

    The one-time deputy's drug war positions are winning him support outside of traditional Democratic constituencies, including Libertarian Party figures ranging from county stalwarts to presidential nominee Gary Johnson.

    "I have the endorsement of the Libertarian Party here, and that has some of the Democrats scratching their heads. I just explain that I'm a lawyer familiar with the Constitution, I'm progressive-thinking and understand and appreciate the value of personal liberty and what the Constitution means and I will make damned sure the sheriff's office abides by the Constitution."

    Pinellas County has 3,000 more registered Democrats than Republicans, but most county offices, including the sheriff's, have been in Republican hands for decades. A victory for Democratic challenger Scott Swope in November would not only break the GOP's stranglehold on elected office in Pinellas, it could also bring a fresh new perspective to Florida law enforcement.

    Meanwhile, Sheriff Gualtieri has just unleashed an offensive against "fake pot."

    (This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

    St. Petersburg, FL
    United States

    Making Sure Drugs Kill: Commission Blames Drug War for Spreading AIDS [FEATURE]

    On Tuesday, as the UN's global drug prohibition bureaucracy marked its annual International Day Against Drug Abuse and Illicit Trafficking and UN Office on Drugs and Crime head Yuri Fedotov blamed hard drug use for "bringing misery to thousands of people, insecurity, and the spread of HIV," a group of leading international voices offered a starkly contrasting perspective, arguing instead that is the failures and consequences of global drug prohibition that are driving the spread of HIV/AIDS and other blood-borne diseases among drug users.

    Commission members Michel Kazatchkine, Ruth Dreifuss, and Ilana Szabo at London press conference
    Those voices, gathered together as the Global Commission on Drug Policy, include six former presidents from around the world, public health experts, and socially conscious entrepreneurs such as Sir Richard Branson. They took the opportunity of global anti-drug day to issue a report, The War on Drugs and HIV/AIDS: How the Criminalization of Drug Use Fuels the Global Pandemic that directly condemns the drug war as a failure and calls for immediate, fundamental reforms of the global drug prohibition regime to slow the spread of HIV and reduce other drug war harms.

    There are an estimated 33 million people worldwide infected with HIV, and outside sub-Saharan Africa, injection drug use accounts for one-third of new infections. The situation is particularly bad in Russia and other countries in the former Soviet Union and East Bloc that continue to take harsh drug war approaches to drug use despite the evidence before their own eyes. In Russia, nearly one in a hundred adults is now infected with HIV.

    But it's not just the Russian sphere where policymakers ignore the evidence. The report also cites China, Thailand, and the US, where Congress recently reinstated a longstanding ban on the use of federal funds for syringe exchange programs. In countries that have adopted evidence-based HIV prevention programs, such as Switzerland and Portugal, injection drug use-related HIV infections have nearly been eliminated.

    According to the report, drug prohibition and the criminalization of drug users spurs the spread of HIV through the following means:

    • Fear of arrest drives persons who use drugs underground, away from HIV testing and HIV prevention services and into high-risk environments.
    • Restrictions on provision of sterile syringes to drug users result in increased syringe sharing.
    • Prohibitions or restrictions on opioid substitution therapy and other evidence-based treatment result in untreated addiction and avoidable HIV risk behavior.
    • Deficient conditions and lack of HIV prevention measures in prison lead to HIV outbreaks among incarcerated drug users.
    • Disruptions of HIV antiretroviral therapy result in elevated HIV viral load and subsequent HIV transmission and increased antiretroviral resistance.
    • Limited public funds are wasted on harmful and ineffective drug law enforcement efforts instead of being invested in proven HIV prevention strategies.

    "The Global Commission is calling on all entities to acknowledge and address the causal links between the war on drugs' criminalization of drug use and drug users and the spread of HIV/AIDS," commission member Michel Kazatchkine, the former executive director of the Global Fund to Fight AIDS, Tuberculosis, and Malaria told a London press conference. "For people who inject drugs and their sex partners, the AIDS epidemic continues to be a public health emergency."

    "It is so clear now that there is a relation between repressive drug policies and the spread of HIV/AIDS," said former Colombian President Cesar Gaviria. "If we don't get people into the health system without fear, it will be very difficult to do treatment and prevention."

    Commission member Sir Richard Branson at "Atlantic Exchange" drug policy discussion, Washington, DC, March 2012
    "I have long thought the war on drugs did more harm than good, and the commission's report put the data behind those beliefs," said Branson. "The war on drugs is not stopping drug use, and it also contributes significantly to the AIDS epidemic by driving users into the shadows. As an entrepreneur, if my business was failing for 40 years, I would close it down. Refusing to implement public health measures to reduce HIV and protect people with a drug problem is nothing short of criminal."

    Branson and the other commissioners made some concrete recommendations for action in the report. Those include:

    • Push national governments to halt the practice of arresting and imprisoning people who use drugs but do no harm to others.
    • Measure drug policy success by indicators that have real meaning in communities, such as reduced rates of transmission of HIV and other infectious diseases, fewer overdose deaths, reduced drug market violence, fewer individuals incarcerated and lowered rates of problematic substance use.
    • Respond to the fact that HIV risk behavior resulting from repressive drug control policies and under-funding of evidence-based approaches is the main issue driving the HIV epidemic in many regions of the world.
    • Act urgently: The war on drugs has failed, and millions of new HIV infections and AIDS deaths can be averted if action is taken now.

    "The AIDS epidemic is a harsh and brutal teacher that obliges us to take a scientific approach to deal with sex workers and drug addicts," said former Swiss President and commission member Ruth Dreifuss. "Politicians have to inform citizens of the benefits, risks, and failures of drug policy, and politics has to take responsibility for policy change. Public health has to be at least as important as criminalizing the drug traffic," she told the press conference.

    "Addicted injecting drug users is one of the main sources of the spread, and not all of them will achieve abstinence," said Dreifuss. "Substitution therapies can take people away from street drug dealers and violence. For some, the provision of medical heroin is necessary to allow them to abandon criminal activities and overcome marginalization. It's possible to implement these large scale programs at low costs with high benefits," she argued.

    "For others, harm reduction measures are necessary in order to avoid the spread of HIV/AIDS and other bloodborne disease. Needle exchange programs, free condoms, safe consumption rooms all not only save the lives of drug users but protect the whole population," Dreifuss explained. "We need the full spectrum of these measures for those in prison, too, who are at more risk for HIV infections."

    Dreifuss touted her own country's experience as a model. Faced with mounting injection drug use, Switzerland eventually went the route of supervised injection sites and opioid maintenance, including heroin maintenance.

    "Our experience is that it works," she said. "The police protect the injection rooms from dealers. The four pillar policy [prevention, treatment, harm reduction, enforcement] has been broadly accepted by our citizens and the spread of HIV/AIDS is under control."

    Even within the constraints imposed by the global drug prohibition regime, countries can still take action to mitigate the drug war's role in the spread of infectious disease, she said.

    "It is possible for countries to adopt effective harm reduction measures within existing drug laws," Dreifuss argued. "The decriminalization of drug use is the first step, and the second step is to determine what type of market can drive out dealers. The war on drugs has failed to reduce supply or demand; let us replace prohibition with regulation and avoid jeopardizing public health and harm reduction policies with inefficient measures."

    "Our message is that prohibitionist law enforcement has failed in its goals of eradicating drugs and protecting people's health," said Kazatchkine. "Illegal drugs have become cheaper and more available and HIV and other health risks have increased. Prohibitionist policies have been shifting the market to stronger drugs and led to a war on users with numerous human rights abuses, police harassment, violence, extortion. The fear of police and stigma is driving users underground and away from access to information, care, and medical services," he warned.

    "One cannot improve health through war," he concluded. "This is an epidemic among people who inject that we can actually control. If we are to have a chance at reducing the transmission of AIDS, we need to open up and change our ways."

    The Global Commission on Drugs has laid out the problem and showed us the path to fix it. Now, it is up to our political leadership to act accordingly, and it is up to us to ensure that it does.

    London
    United Kingdom

    Danish Parliament Okays Drug Consumption Rooms

    As of next week, supervised injection (and other drug consumption) sites will be legal in Denmark. Earlier this month, the Danish Parliament voted 63-43 to allow the facilities to open, including language that instructs police and prosecutors to not search, seize, and prosecute users in possession of "small quantities" of drugs.

    the supervised injection site in Vancouver (vch.ca)
    Just what "small quantities" are is up in the air at the moment. Guidelines from the attorney general say the amount should be 0.2 grams of heroin or cocaine or less, but a Supreme District Court ruling held that a man caught in possession of 1.37 grams of heroin had it for personal use.

    The new law not only allows for supervised injection sites, but also allows Danish municipalities to establish facilities for smoking or snorting heroin or crack cocaine.

    The law was impelled by the activism of the Danish Street Lawyers, who describe themselves as "hard core harm reducers," and who published a legal paper and press release during last year's election campaign calling for drug consumption rooms and arguing that the only obstacles to them were political -- not legal. Then, just days before last September's election, the nonprofit group Social Entrepreneur opened a mobile drug consumption room in Copenhagen, drawing more attention to the issue.

    After a left-wing minority government won the election, the Liberal Alliance, one of the governing coalition's members, pushed for movement on drug consumption rooms, and after six months of inaction, the government finally introduced a bill in April. But the Street Lawyers objected to provisions of that bill, including one that required drug consumption room staff to report to police on their clients' whereabouts, and the bill was amended to remove the language.

    Denmark will now join a small but growing number of countries that allow supervised injection sites as a harm reduction measure. Those countries include Australia, Canada, Germany, the Netherlands, Spain, and Switzerland.

    Copenhagen
    Denmark

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