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Video Killed the Drug Conviction: Chicago Narcs Busted Lying Through Their Teeth [FEATURE]

Part 10 of an occasional series on police and prosecutorial misconduct by Clarence Walker, cwalkerinvestigate@gmail.com.

It was just another marijuana bust by Chicago's crack dope squad and should have resulted in an easy conviction, but thanks to a forgotten camera, things didn't exactly work out the way the cops planned. Now, the pot dealer is free, he has a bunch of cash in pocket, and it's the cops who are facing justice.

It went down on June 6, 2013, when three Chicago Police narcotics officer and a pair of suburban Glenview police officers pulled over Joseph Sperling on the pretext that he had failed to properly use his turn signal, then claimed Sperling told them there were drugs in his vehicle. The cops said they found marijuana in plain view and arrested Sperling on marijuana possession and distribution charges. Business as usual, so far.

But when it came time to go to court the following March, things went south for the cops. Prosecutors had been questioning Chicago PD narcotics officer William Pruente, who said in sworn testimony that when police pulled over Sperling they immediately smelled marijuana and ordered him to exit the vehicle and stand at the rear of the car.

Then, defense attorney Steven Goldman asked the veteran narc if Sperling was handcuffed after he got out of the car.

"No, he was not handcuffed," Pruente replied. "He was not under arrest at that time."

Chicago narcotic officers Sergeant James Padar and Vince Morgan and Glenview Police officers James Horn and Sergeant Theresa Urbanowski backed up Pruente's story.

Then, as Urbanowski was testifying, defense attorney Goldman dropped a bombshell. He interrupted the testimony to inform Judge Catherine Haberkorn that he needed to offer a videotape into evidence.

In a moment of courtroom drama like something out of "Law and Order," Goldman revealed that the video came from Urbanowski's police cruiser and that it flatly contradicted the sworn testimony of the police officers. The police had been lying to the court and to the judge and the video would prove it, Goldman said.

As Goldman patiently took Urbanowski back over the events she'd testified about, he played the recording and asked her to describe the difference between her original testimony and what was happening on the tape.

The footage contradicted the testimony of the police officers. Pruente had testified that Sperling had not been arrested or handcuffed until the cops had found the dope in plain view, but the video showed Pruente walking up to Sperling's car, reaching in the open window, unlocking the door, pulling Sperling out, handcuffing him, and placing him in the back seat of a patrol car. Only then did the officers move to search the car.

The video clearly showed the officers spending minutes thoroughly searching Sperling's car before finding weed and a small amount of psychedelic mushrooms in a black duffel bag.

As defense attorney Goldman noted during questioning, if the drugs had really been in plain view on the front seat of the vehicle, the officers had no need or reason to search it because they already had the drugs.

The brazen distance between the officers' testimony and what the video revealed infuriated Judge Haberkorn, who immediately granted Goldman's motion to suppress the evidence because the video showed police had neither probable cause to arrest Sperling nor a warrant to search his vehicle.

"This is very outrageous conduct," Haberkorn said from the bench. "All the officers lied on the stand today. All their testimony is a lie. There is strong evidence it was a conspiracy to lie in this case, for everyone to come up with the same lie."

Haberkorn then dismissed the criminal charges against Sperling.

"If this could happen to me, it could happen to anyone," said Sperling, then 23, during a press conference with reporters after the release of his videotaped arrest. "I just happen to be one of the lucky few that had a video that proved the officers were wrong."

The Cook County criminal justice system may have been done with Sperling, but he wasn't done with it. Shortly after the charges were dismissed, he filed a federal civil rights lawsuit alleging illegal search and seizure against the Chicago and Glenview police departments. And he won. The two cities involved settled the suit, paying Sperling $195,000 for his troubles.

Others who have been similarly victimized could do the same. Under the US Code Section 1983, citizens are allowed to sue police in federal court as a result of an illegal search and arrest if the officer acted with malice "under color of law."

In Sperling's case, attorney John Loevy argued in the lawsuit that there was insufficient legal justification for officers to stop and arrest Sperling and search his vehicle, which was done without probable cause. Those illegal actions violated Sperling's civil rights under the Fourth, Fifth, and Fourteenth amendments, as prescribed under Section 18 US Code 242. The argument was strong enough to force the cities to settle.

Cook County State's Attorney Anita Alvarez (twitter.com)
Former Houston Police homicide and narcotic gang investigator Rick Moreno told Drug War Chronicle the officers lied to protect an informant when they could simply have gone by the book and done their bust right.

"Once those officers had all the information about this guy having dope in his car they needed a warrant," Moreno explained.

But the narcs plotted a scheme disguised as a routine traffic stop to avoid having to obtain one.

"What they've done in this case was a 'wall off' technique." Moreno said, referring to a strategy most narcotic officers use to put a wall between the officer and the information provided by a snitch. And if everything goes as planned, the officer gets the dope without a warrant, they got the dope dealer and the snitch is protected."

"The biggest casualty in the war on drugs is the truth," said Chicago civil attorney Jon Loevy, who represented Sperling in his civil rights lawsuit.

"The ends justify the means," said criminal defense attorney Goldman, explaining the attitudes that drove the cops to lie on the stand. "So because they get the bad guy off the street or the drugs out of their hands, everybody's happy."

Well, not everybody, not when the lies are so blatant they cannot be ignored. The Cook County criminal justice system wasn't done with the cops caught lying on the witness stand. Sgt. Urbanowski's camera had caught them red-handed, and four of them were indicted by a Cook County grand jury on perjury, obstruction of justice, and official misconduct charges in June 2015. They all face up to five years in prison on each count. The three Chicago police officers were immediately suspended, and the Glenview police officer was later fired. Their trials got underway this week.

"The foundation of our criminal justice system rests on the concept of truthful testimony," said Cook County States' Attorney Anita Alvarez in a press statement announcing the indictments. "We expect it from our witnesses and we demand it from our police officers."

The criminal charges filed against the officers made headlines across the state and constituted another black mark against the much criticized Chicago Police Department. But the buzz around the courthouse was not just over the charges, but whether they would lead to the dismissal of other drug cases in which the charged cops were involved.

Calls to the Cook County prosecutor's office regarding whether the four indicted officers would be investigated for perjury or illegal tactics in previous drug cases have not been returned.

While Sperling won $195,000 in damages from his illegal search and seizure lawsuit, legal experts say such victories are rare. Defendants usually don't pursue such suits due to lack of funds, and if a case involving a bad search is dismissed, most defendants are just relieved the case is over and they no longer face charges, said Penn State University law professor David Rudovsky, a leading civil rights and criminal defense attorney and author of The Law of Arrest, Search, and Seizure.

Penn State law professor David Rudovsky (law.penn.edu)
Rudovsky told Drug War Chronicle there is also another reason such lawsuits are rare.

"Why would a jury award money for damages to a criminal already proven to have committed a crime?" he asked rhetorically.

Police perjury is nothing new -- the practice has even generated its own nickname, "testilying" -- but the Sperling case has renewed debate over why law enforcers resort to breaking the law.

"Police perjury in court to justify illegal dope searches is commonplace," wrote former San Francisco police commissioner Peter Keane in a much-cited article on the topic.

"I've heard some police officers say in a social setting, 'If [the defendant] is going to lie to beat the case, why can't I lie too?" Cook County Public Defender, and former prosecutor Abishi Cunningham Jr. related.

"When police lie to make a case on someone they are saying the criminal justice system doesn't work... so I'm going to do it my way," Houston civil and criminal attorney Annie Briscoe told the Chronicle.

Briscoe recalled a drug case involving police illegal search where police recovered a sizeable amount of drugs from a client of hers. Houston police claimed he resembled a fugitive they were looking for. With her client facing up to life in prison, Briscoe convinced the trial judge to throw out the charge because of illegal search and seizure through the simple expedient of showing the judge a photo of the fugitive, who looked nothing like her client.

While the judge called Briscoe's client "one lucky guy," Briscoe had a slightly different take.

"The law should be enforceable by way of truth," she said.

Police are also incentivized by the war on drugs to cut corners so they can reap monetary rewards, whether through asset forfeiture or by earning federal anti-drug grants through aggressive enforcement actions. And each bust makes their numbers look better.

As NYPD Officer Adil Polanco once revealed through a surfeit of honesty, "Our primary job is not to assist anybody, our primary job is to get those numbers and come back with them. You have to write somebody, arrest somebody, even if the crime is not committed, the number is there."

Yes, there are numerous reasons cops lie. But none of them justify the lying, or the corrosive effect such behavior has on public trust and respect for law enforcement. These Chicago police officers are about to find out just how seriously the system takes such dishonesty, especially when it is so blatant the system can't pretend it doesn't see it.

Chicago, IL
United States

Beyond UNGASS: Looking Toward 2019 [FEATURE]

The United Nations General Assembly Special Session (UNGASS) on Drugs is set for UN Headquarters in Manhattan next week, and civil society and some European and Latin American countries are hoping to make limited progress in moving toward more evidence- and public health-based drug policies. But, knowing the glacial pace of change at the UN and well aware of how little of substance is likely to emerge from the UNGASS, some eyes are already turning to the post-UNGASS international arena.

UNGASS is coming... and then what? (Creative Commons)
Hopes for more forward movement at the UNGASS, always tentative and facing opposition from global drug war hardliners such as Russia, China, and Singapore, were effectively dashed at the run-up meeting of the Commission on Narcotic Drugs (CND) meeting last month in Vienna, whose outcome document was described as "quite awful" by leading Canadian drug policy expert Donald MacPherson.

The outcomes document includes some minor progressive movement, but does not challenge the trio of treaties that form the legal backbone of global drug prohibition, while its embrace of "flexibility" emboldens regressive, repressive measures (the death penalty for drug offenses, forced "treatment," criminalization of drug users) in hard line countries, despite being helpful for progressive reforms around the edges of the treaties' prohibition.

MacPherson was one of a handful of international drug policy experts and elected officials who took part in a teleconference last week organized by StoptheDrugWar.org (publisher of this newsletter), a US-based group that has been deeply involved in civil society organizing around the UNGASS. He wasn't the only one looking beyond 2016.

Mexican Senator Laura Angelica Rojas Hernández, chair of the Senate Committee on Foreign Affairs and International Organizations, called this year's UNGASS poses "a step" toward examining the objectives of the 2009 Political Declaration and Action Plan on drugs, which will be reviewed in 2019. While the CND outcomes document had good language around the need for embracing multiple approaches, such as public health, human rights, gender, and prevention, it also includes serious shortcomings, she said.

Mexican Senator Laura Angelica Rojas Hernandez (pan.senado.gob.mx)
"There is a lack of recognition of the relative efficacy of demand reduction and harm reduction policies and the absence of an acknowledgement of the high costs that the prohibitionist and punitive approaches have generated," the senator said.

Mexican senators know all too well the high costs of drug prohibition. For the past decade, the country has been battered by brutal prohibition-related violence that has left at least 100,000 dead, tens of thousands more "disappeared," a legacy of human rights abuses by soldiers and police fighting the cartels, and the legitimacy of the state severely weakened.

"The international community should continue to work toward the establishment of indicators that could help measure the impact of drug policies on people's lives and their rights," Rojas said, suggesting this could still happen at the UNGASS.

But she was also looking down the road.

"Something that should be placed on the table in 2019 is a thorough review of the three conventions on drug control that acknowledges the highly detrimental effects of the current approaches," she said. "And we should be more honest about the so-called flexibility of implementation offered by these treaties and acknowledge that there should be a wider range of action for countries to define their own drug policies, taking into consideration their national and cultural context."

Canadian drug policy expert Donald MacPherson (cssdp.org)
Both Rojas and Canada's MacPherson called for some sort of expert mechanism to guide policymakers eyeing the 2019 meeting.

"Organizations and even some governments are beginning to call for a mechanism post-UNGASS to get real with the modernizing of the treaties," MacPherson said, reflecting frustration with the UNGASS process and prospects. "It's really important that UN member states speak strongly for the need for that mechanism, whether it's an expert committee or some other sort of group. And it needs to happen now -- the next three years are critical coming up to 2019. We really do need to have that process in place to [counter] the kind of intransigence of other countries that use the consensus-based model to hold progress ransom."

"The international community should examine the possibility of establishing an analysis mechanism as a working group of experts, for example, with a mandate to formulate recommendations aimed at the modernization of the international system of drugs for the 2019 review process," Rojas added. "And from a longer-term perspective, we need to see the creation of a special office within the UN Human Rights Council, to follow up and monitor the respect of human rights in the context of the enforcement of the drug policies."

The UNGASS hasn't even gotten here yet, and interested observers are already looking past it. Welcome to politics at the United Nations where most things happen at a snail's pace. The global drug prohibition consensus may be crumbling, but it is crumbling very slowly at the level of international conventions and institutions. The work continues.

[A follow-up story on prospects for marijuana legalization in Canada and Mexico will highlight remarks during the teleconference by Canadian Member of Parliament Nathaniel Erskine-Smith, Aram Barra of Mexico United Against Crime, and StoptheDrugWar.org executive director David Borden.]

Highway Drug Dog Searches: Two Diverging Trends in the Case Law [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

Last year, in one of the Roberts' court's rare decisions not siding with law enforcement, the US Supreme Court ruled that police could not detain people pulled over for traffic violations in order to await the arrival of a drug-sniffing police dog. Once the traffic violation was dealt with, motorists were free to go, the court held.

"Absent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Constitution’s shield against unreasonable seizures," wrote Justice Ruth Ginsberg for the court's 6-3 majority in Rodriguez v. United States.

That case was a necessary antidote for police practices that evolved after the Supreme Court's decision in Illinois v. Caballes a decade earlier. In that case, the high court held the use of drug dogs during a traffic stop did not violate Fourth Amendment proscriptions against unwarranted searches and seizures because, in the court's rather involved reasoning, people carrying drugs have no expectation of privacy. Unlike the use of infra-red cameras to peer inside homes, which the court disallowed in an earlier case, the use of drug dogs would only reveal drugs, not other intimate details of one's life, so that was okay.

What came after Caballes was repeated reports of people being stopped for alleged traffic infractions on the highway, then forced to wait on the side of the road in a sort of legal limbo ("Am I under arrest?" "No." "Am I free to go?" "No.") for the arrival of a drug dog to conduct a search of their vehicles. Then, when the drug dog would "alert" to the presence of drugs, police had probable cause to search the vehicle, find the drugs, and arrest and charge the driver.

What also came after Caballes was people being arrested, convicted, and imprisoned for drug offenses after being detained for lengthy periods. Asserting that their rights had been infringed by the lengthy detentions, some of them appealed, arguing that the evidence against them should be suppressed because it was unconstitutionally obtained.

The situation festered until the Rodriguez decision was announced. Police would no longer have a free hand to hold people against their will while awaiting the drug dog's arrival. That should have reined in the cops, but it hasn't exactly worked out that way. Instead, two distinct lines of post-Rodriguez drug dog jurisprudence have emerged, one seeking to uphold and strengthen it, but the seeking to find work-arounds for drug-hunting police and their canine helpers.

Representative of Rodriguez's positive impact was last month's Kentucky Supreme Court decision in Davis v. Kentucky. In that case, an officer pulled over Thomas J. Davis for crossing the center line, administered field sobriety tests that Davis passed, then asked for Davis's consent to search the vehicle. Davis refused to consent to a vehicle search, at which point the officer had his drug dog sniff the exterior of the car, despite Davis's protests. The dog alerted, the car was searched, and police found methamphetamine and drug paraphernalia.

At trial, Davis moved to have the evidence suppressed as fruits of an unlawful search, but he lost at the trial level and reached an agreement to plead guilty while preserving his right to appeal the ruling on the motion. He was sentenced to 20 years in prison. The Kentucky Supreme Court reversed the conviction and sent the case back to the trial court.

"As recently clarified by the United States Supreme Court in Rodriguez v. United States, 135 S. Ct. 1609 (2015), a police officer may not extend a traffic stop beyond its original purpose for the sole purpose of conducting a sniff search -- not even for a de minimus period of time," the state high court concluded. "Under Rodriguez, any nonconsensual extension of the detention beyond the time taken to verify Appellant's sobriety, unless accompanied by additional grounds to believe other criminal activity was afoot, was unconstitutional… With no articulable suspicion to authorize an extended detention to search for drugs, [the officer] prolonged the seizure and conducted the search in violation of Rodriguez and Appellant's Fourth Amendment protections."

"While Davis isn't perfectly clear, it strongly suggests that the use of drug dog without reasonable suspicion a crime has been committed offends the reasonableness clause of the Fourth Amendment, said John Wesley Hall, a Little Rock criminal defense attorney, former head of the National Association of Criminal Defense Attorneys (NACDL), and author of Search and Seizure, 5th Ed.

Keith Stroup, the founder and currently counsel for the National Organization for the Reform of Marijuana Laws (NORML), liked what he saw in Davis, too.

"This is a great decision," Stroup said. "It will help a lot of drivers, but it doesn't totally write drug dogs out. With no articulable suspicion to authorize an extended detention to search for drugs, the police are out of luck."

Police erred in this case, Stroup said, but not in the sense that the court meant.

"The mistake the cops made is that they didn't lie and claim they smelled marijuana," he said. "They will learn very quickly that the first thing to say is 'I smell marijuana.' Then they can at least do a search of the passenger compartment."

Still, Stroup pronounced himself pleasantly surprised at the ruling.

"In some states, the Supreme Court is very law enforcement-oriented and willing to give police the benefit of the doubt. That this came out of Kentucky is promising," he said.

The Kentucky case shows how the courts are applying Rodriguez to protect the rights of motorists, but other post-Rodriguez cases are heading in a different direction. As Hall notes on his Fourth Amendment blog linked to above, various US district and appellate courts are bending over backwards to find ways to allow drug dog searches to continue without any reasonable suspicion a crime is being committed.

"Dog sniff by second officer while first officer wrote ticket didn't extend stop," he wrote describing a case> out of the 7th US Circuit Court of Appeals.

"Dog sniff during the normal computer checks are valid," is how he characterized another case in federal district court in Georgia.

"GA holds that a dog sniff of a car before dispatch confirms ID is valid because it didn't extend the traffic stop," he wrote about another Georgia case.

The upshot of these and similar cases is that they provide an opening for police to get their drug dog searches in simply by delaying what should be routine, quickly accomplished, procedures, such as verifying license, registration, and outstanding criminal warrants. "I severely disagree with that case law," said Hall. "It just offends every sense of justice and privacy. It makes a car a target without any reasonable suspicion whatsoever, and it essentially rewards the cop with the drug dog in his car."

And he scoffs at the reported delays in those routine procedures. "The cops deliberately delay the response," he said. "As fast as these computers are, if it takes more than 60 seconds, it's complete bullshit. Or they call in the drivers' license number and it takes forever for the call to come back, so the cop can sit there and chat with you and try to find excuses to come up with reasonable suspicion.

Clearly, Rodriguez hasn't settled the issue. While law enforcement is now somewhat constrained in the use of drug-sniffing dogs on the highway, police -- and friendly courts -- are working assiduously to find ways to continue to use them. Ironically, the current state of the law could result in not fewer but more drug dogs on the highway, because under some of these rulings, the police officer who has a dog with him can get away with a quick sniff, while the officer who has to call and wait for one to arrive would be out of luck.

And that means the litigation likely isn't over. "The Supreme Court is going to have to take this up one of these days," said Hall. "This whole idea of pulling people over with dogs smacks of Nazi Germany."

New England 2016 is a Marijuana Legalization Hotbed [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

No state east of the Mississippi has legalized marijuana, but that's very likely to change this year, and New England will be leading the way. Two of the six New England states will likely let the voters make the call in November, while the others all have legalization bills pending.

New England pastoral (wikimedia.org)
So far, with the exception of Washington, DC, where voters elected to legalize the possession and cultivation, but not the sale of marijuana in 2014, all of the legalization action has been in the West. The four states that have legalized it so far -- Alaska, Colorado, Oregon, and Washington -- are all Western states.

More Western states will likely legalize it this year, including the nation's most populous, California, as well as Arizona and Nevada. The Nevada Regulation and Taxation of Marijuana Act has already qualified for the November ballot, while the Arizona campaign behind that's state's Regulation and Taxation of Marijuana Act is well-advanced in signature gathering and appears poised to easily qualify for the ballot as well.

Meanwhile, California's Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) is late out of the gate, but well-financed and broadly supported. It, too, should be on the ballot in November.

Another possible legalization state this year is Michigan, where the campaign behind the Michigan Marihuana Legalization, Regulation and Economic Stimulus Act just last week announced that it has 240,000 raw signatures and is aiming for 300,000 by March 15. But it needs 252,000 valid voter signatures to qualify, and with the rule of thumb for petition campaigns being that between 20% and 30% of raw signatures are likely to be invalidated, whether the Michigan initiative will qualify remains to be seen.

But it's Yankee country that will see the most concentrated regional push toward marijuana legalization this year. Initiatives that make the ballot will go before New England populations that are showing majority support for legalization this year, and, while progress toward legalization though the legislative process can be achingly difficult, the region also appears poised to produce the first state to free the weed through the legislature, not the popular vote.

Here's the rundown on New England legalization efforts this year. Chances are good that legalization will happen in two of them -- the initiative states -- and possibly in one or more of the other states:

Connecticut. Earlier this month, Rep. Juan Candelaria (D-New Haven) introduced House Bill 5209, which would allow adults to use, grow, and sell marijuana. Candelaria introduced a similar bill last year that went nowhere. "I'm going to be pushing very hard," Candelaria said. "I'm going to be engaging my leadership in conversation to at least allow a public hearing." Gov. Dannel Malloy (D) said the same day he could only support medical marijuana. "That's as far as I'm comfortable going," the governor said.

Maine. The legalization initiative from the Campaign to Regulate Marijuana Like Alcohol has not yet officially qualified for the ballot, but is poised to. On February 1, the campaign turned in more than 103,000 raw signatures from its petition drive. It only needs 61,000 valid voter signatures to qualify for the November ballot, and should have a sufficient cushion to do so. The most recent of Mainers' attitudes toward marijuana legalization, from the spring of 2015, had support at 65%.

Massachusetts. The legalization initiative from the Campaign to Regulate Marijuana Like Alcohol has already qualified for the ballot, but under Massachusetts law, the legislature must first take up the issue. If, as expected, it fails to adopt legalization, the campaign must then collect another 10,000 signatures to place the initiative on the November ballot. It should be able to do that easily, and if it gets on the ballot, it should win, although perhaps not as handily as Maine. There are no hot-off-the-press polls, but a 2014 poll had support at 53% and a Boston Globe poll from last year had a dead heat, with 48% in favor, 47% opposed. Numbers this tight means it's not a done deal, but given expected high voter turnout this election year, the Bay State should be able to pull it off.

Fall in New Hampshire (wikimedia.org)
New Hampshire. The House actually passed a legalization bill in 2014, only to see it die in the Senate. This year, there are already three legalization bills filed, but two of them have already been deemed "inexpedient to legislate" in committee. The remaining legalization bill, House Bill 1610, is currently before the House Criminal Justice and Public Safety Committee. Even if the bill were to pass the House, it faces a tough battle in the Senate. In addition to killing legalization in 2014, the Senate has at least twice killed decriminalization bills that passed the House.

Rhode Island. Rep. Scott Slater (D-Providence) said he will file a marijuana legalization bill in the General Assembly last week, and Sen. Joshua Miller (D-Cranston) will file companion legislation in the Senate. As of Saturday, the bills have not yet been posted on the legislative website, but they are definitely coming. This marks the fifth consecutive year legalization bills have been filed in Providence, and they have previously been stifled, but there are signs progress could be made this year. The Senate bill has 17 cosponsors (out of 38 senators), and the House bill has more than 30 cosponsors. Republican House Leader Brian Newberry (R-North Smithfield) supports it, and House Speaker Nick Mattiello (D-Cranston), who has long opposed legalization, is now becoming "more open-minded" as eyes tax revenues from pot in the already legal states.

Vermont. The Green Mountain State is the most likely to actually pass a legalization bill this year. Senate Bill 241, backed by Gov. Peter Shumlin (D), has already passed the Senate Judiciary and Finance committees and is moving toward a Senate floor vote. But the committees have amended the bill to kill home cultivation and to reduce the legalized amount from an ounce to a half ounce. And if and when the bill gets out of the Senate, it still faces a tough battle in the House.

This could well be the year New England goes green. Winning in three states -- Maine, Massachusetts, and Vermont -- would be a big victory; winning in more would be a very pleasant surprise. Not winning in any of them would be a huge setback for the marijuana reform movement, but at this point, that looks extremely unlikely.

A Maryland Lawmaker's Paradigm-Shifting Approach to the Heroin and Pain Pill Crisis [FEATURE]

With nearly 47,000 Americans dying of drug overdoses in 2014 -- more than from gunshots or car crashes -- the problem of heroin and prescription opioid (pain pill) addiction is getting well-deserved attention. From community town halls to state capitals, as well as in Congress and on the rival presidential campaigns, the crisis is spawning demands for solutions.

http://stopthedrugwar.org/files/dan-morhaim-180px.jpg
Dan Morhaim
The response, in general, has been more sympathetic than to earlier waves of hard drug use, such as heroin in the 1960s or crack cocaine in the 1980s, which brought down the harsh drug war policies of Nixon and Reagan. Now, there are more calls for drug treatment than for further law enforcement crackdowns, police departments are carrying overdose reversal drugs, and public health agencies are taking on a more prominent role.

But addicts continue to be arrested, with all the deleterious consequences that entails, and, when it comes to policy, the problem of addiction remains largely in the realm of criminal justice. Harm reduction practices proven in other parts of the world improve both the lives of drug users and those of the communities they live in continue to be shunted aside in the US.

That could change in at least one state. Veteran Maryland Delegate Dan Morhaim (D-Baltimore County) has just introduced a paradigm-shifting package of bills that would begin to move the state's posture toward drug use from prohibition to public health and harm reduction. Morhaim, a practicing physician with three decades of frontline hospital ERs, brings to his approach a vision formed by that experience.

If enacted, Morhaim's package would mark a radical, but commonsensical, humane, and scientifically-supported shift in Maryland's drug policies. Here's what it includes:

  • Emergency Room Treatment on Demand. House Bill 908 provides treatment on demand in emergency rooms and hospital settings. The bill requires acute care hospitals to have a counselor available or on-call at all times and specified arrangements for transferring patients to appropriate treatment settings. Addicted patients make up a large percentage of uninsured visits to ERs, making them an ideal place for initial therapeutic contact.
  • Safe Consumption Sites. House Bill 1212 allows individuals to use drugs in approved facilities while supervised by trained staff who also provide sterile equipment, monitor the person for overdose and offer treatment referrals. Similar on-going programs in Australia, Canada, and several European countries have eliminated overdose deaths, reduced the spread of disease, and provided points of accessto the most hard-to-reach drug users.
  • Drug Decriminalization. House Bill 1219 decriminalizes the possession and use of small quantities of drugs: one gram of meth or heroin, two grams of cocaine, 10 hits of MDMA, 150 micrograms of LSD. The object is to keep otherwise non-criminal drug users out of the criminal justice system, saving resources and avoiding saddling more residents with criminal records.
  • Heroin Maintenance. House Bill 1267 allows a four-year pilot study of "poly-morphone assisted treatment" with pharmaceutical grade opioids, including heroin, to treat under medical supervision a small number of hardcore users who have proven resistant to other forms of treatment. Ongoing heroin maintenance programs in several European countries have been shown to reduce illegal drug use, decrease crime, reduce the black market for heroin, and lead to less chaotic lives for their participants.

The package didn't exactly come out of nowhere. Morhaim's experiences in the ER, where he dealt not only with direct consequences of drug use -- overdoses, infections -- but also direct consequences of drug prohibition -- old women injured in muggings for black market drug money, the toll of dead and wounded in black market drug turf battles -- colored his approach.

"I'm a physician, not a prosecuting attorney," Morhaim told the Chronicle. "I come at this from a public health perspective. We talk about 'surges' to fight this and that, but what we haven't had in this country is a surge in the public health approach, real, substantive public health. This is different, and some will see it as controversial, but I'm comfortable with that. This is something that's really corroding the heart and soul of our society."

He wasn't alone.

"I've had a lot of conversations, and my district has generally been very supportive of these kind of innovative things. No negative feedback. There's a broad consensus that the war on drugs is a failure," Morhaim said. "People are really cognizant of that. And I'm an Emergency Room physician at a Level II trauma center, I've also done healthcare for the homeless. I've been on the front lines, seen the carnage, the death, the violence, and the way this affects the families, and I'm speaking from true experience, and people respect that."

Not only did Morhaim have support in his community, he had support from a strong group of advocates and experts.

"As things were coming to a head, Delegate Morhaim reached out to us at the Drug Policy Alliance (DPA)," said DPA staff attorney Lindsay LaSalle, who was involved in developing the proposals. "He said he felt like he could offer progressive solutions to the crisis and he wanted our subject matter expertise to help develop those proposals."

DPA, Law Enforcement Against Prohibition (LEAP), whose executive director, Neill Franklin, is a former Baltimore police officer, and the Open Society Foundations joined with academics, lawyers, doctors, and harm reductionists to develop and refine the policy proposals that became the bill package. Local institutions of higher learning, including the University of Maryland, the University of Baltimore, and Johns Hopkins University, had academics involved in the effort as well.

Passing the bills won't be easy, and it's not likely to happen this year, but Morhaim and his supporters are playing to win in the not-too-distant future.

"Dan is currently on the second year of a four year term," LaSalle said. "These bills were introduced strategically this term with the understanding that it would be a year of educating colleagues and generating positive media coverage. This is always a long game; we don't expect passage this year, but we hope to gain traction on one or more of these in the next two or three years."

"I've been in the legislature a long time, and I've learned you just have to be persistent, you listen and address concerns, maybe you accept an amendment to a bill," Morhaim said.

He pointed to the successful effort to get medical marijuana through the legislature.

"On that, people had suggestions, and we said let's fix it in the bill," he recalled. "Law enforcement didn't oppose it because I sat down and worked with them."

He also recalled legislative battles he had fought -- and won -- around smoking in restaurants and the use of safety seats for children.

"Banning smoking in restaurants seemed impossible in 1995, but now it's commonplace," he said. "The same with kids safety seats. Both of those were hard-fought on the political level, but when we talk to people, we can convince them. These things take time, but when you recognize what's not working, then you can explore what is. People are looking for answers."

Although Morhaim's package of bills is the most comprehensive, explicit harm reduction interventions are being considered in other places, too. California will see a safe consumption site bill introduced next week, and activists and officials in a number of cities, including New York City, San Francisco, and Seattle are laying the groundwork for such facilities at the local level.

"We're getting traction on these issues," said LaSalle. "Nevada was the first state with a heroin-assisted treatment bill, and while it didn't get out of committee, we had robust hearings, with international experts. And that California bill will be moving forward this session. Drug treatment and harm reduction don't always go hand in hand, but in this case the treatment community is cosponsoring or officially supporting safe consumption sites."

Meanwhile, some states are moving in the opposite direction. In Maine, the administration of Tea Party Gov. Paul Le Page (R) is seeking to reverse a law passed last year that defelonized drug possession. (The rambunctious Republican has also called for guillotining drug dealers, blamed black drug dealers for impregnating white Maine girls, and called for vigilantes to shoot drug dealers.) And next door in New Hampshire, the attorney general wants to start charging heroin suppliers with murder in the event of fatal overdoses. Prosecutors in other states have also dusted off long-unused statutes to bring murder or manslaughter charges.

"We need to ask those people why they're doubling down on a failed policy," said LaSalle. "Why would this work now when it's just more of the same that's been in place for four decades, and now we have use and overdoses and Hep C increasing."

"I understand the impulse to 'Do Something!' in response, and because criminalization has been our go-to response, it seems logical that increasing penalties or prosecutions is a way to solve the problem, but we know, we have shown, that it is not. It's frustrating."

It can be worse than frustrating, too, LaSalle noted.

"Using murder charges as a whipping stick in the case of overdoses is really counterproductive," she said. "If the goal is to reduce overdoses, this is going to reduce the likelihood of anyone calling 911. Maybe they shared their stash, and if they could face murder charges, they now have a serious disincentive to call."

Clearly, the war on drugs is not over. But after half a century of relying predominantly on the forces of repression to deal with drug use, a new vision, both smarter and more humane, is emerging. Now comes the political fight to enact it.

Annapolis, MD
United States

Could Kratom Be a Better Choice for Heroin and Pain Pill Users? [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

The Southeast Asian herb is now available powdered...
A Southeast Asian herb is gaining popularity among addicted heroin and prescription opiate users, pain sufferers, and hipsters looking for a nice buzz, and it's legal -- at least for now. It's usually consumed as a tea, and is now available at non-alcohol kratom bars in several states, as well as in powdered from in specialty shops and on the Internet.

It is regulated as an herbal supplement, not a controlled substance, but it is coming under some scrutiny by lawmakers and regulators. The FDA banned its import in 2014, and the DEA has it listed as a drug of concern, but has not moved to criminalize it. It is illegal in four states, though -- Indiana, Tennessee, Vermont and Wyoming -- and similar laws are now being proposed in Florida and New Jersey.

The stuff is called kratom, and was traditionally used in Thailand and Malaysia to help endure physical labor, relieve pain, and stop diarrhea. It was also good for relieving the symptoms of opium withdrawal.

That's because its active ingredients activate the same opioid receptors heroin and prescription pain pills do. And it behaves like an opiate -- with a couple of exceptions, one interesting and one quite important.

...or it can be brewed into a tea. (wikimedia.org)
Like other opiates, it relieves pain, slows bowel activity, produces euphoric feelings, and creates physical addiction and a whithdrawal syndrome. But unlike other opiates, it causes a pleasant, caffeine-type buzz in small doses. More significantly, it is apparently very difficult -- if not impossible -- to overdose on. The few deaths where kratom is implicated include poly-drug use, or as in a case reported by the New York Times, suicide by a young kratom user who was also being treated for depression.

"Direct kratom overdoses from the life-threatening respiratory depression that usually occurs with opioid overdoses have not been reported," says Oliver Grundmann, clinical associate professor of medicinal chemistry at the University of Florida, told journalist Maia Szalavitz at Vice. Grundmann should know; he just reviewed the research on kratom for the International Journal of Legal Medicine.

"It's a fascinating drug, but we need to know a lot more about it, Dr. Edward W. Boyer, a professor of emergency medicine at the University of Massachusetts Medical School and a co-author of several scientific articles on kratom, told the Times. "Recreationally or to self-treat opioid dependence, beware -- potentially you're at just as much risk" as with an opiate.

Well, except for that whole fatal overdose thing. And like the kratom high, the physical dependence appears much milder.

Szalavitz consulted Mark Swogger, an assistant professor of psychiatry at the University of Rochester Medical Center, who with his colleagues analyzed 161 "experience reports" posted by kratom users on the drug information site Erowid.org for a recent study in the Journal of Psychoactive Drugs.

"I think it's pretty safe to say that kratom has at least some addiction potential. The data is fairly strong on that and our study also found that people are reporting addiction," but "overall, we found that it's really mild compared to opioid addiction and it didn't seem to last as long."

About one in six of the users reported nausea or stomach pain and 6% actually vomited. There have been a handful of other handful of reports of liver problems.

All this makes kratom something like opium's mild-mannered little sister. And that is apparently something a lot of people are looking for.

One of them was Susan Ash, 46, who told the Times she began taking kratom while being treated for dependence on prescription pain relievers and now takes a small dose daily to ease chronic pain and depression.

She was so impressed with the results that last year, she founded the American Kratom Association to represent consumers. The group now has more than 2,000 members and lobbies against bills to ban the herb.

"We know from all our experiences that kratom has the potential to be a wonderful medicine," she said. "We're all experiencing that it's changing our lives. We do agree that more science is needed to actually prove this potential that we know it has."

Yes, more science is needed, and kratom does have its disaffected users, as the Times was quick to dig up, but so far, it looks like we have a drug like opium, but with attenuated effects. If people are taking kratom to get off heroin or prescription pills or to treat pain or just to get a nice buzz, and they're not overdosing by the tens of thousands, as they are with the opiates, that would seem like an overall good thing. If we want to reduce harm from heroin and prescription opiates, kratom should be studied and, perhaps, embraced, not proscribed.

Will the VA Let Doctors Recommend Medical Marijuana to Veterans? [FEATURE]

On Wednesday, a group of 21 US senators and representatives sent a letter to the Department of Veterans Affairs calling on it to allow VA doctors to discuss and recommend marijuana as medicine in states where it is legal.

The bipartisan effort was led by Sens. Kirsten Gillibrand (D-NY), Steve Daines (R-MT), and Jeff Merkley (D-OR) and Reps. Earl Blumenauer (D-OR), Dina Titus (D-NV), and Dana Rohrabacher (R-CA). All represent medical marijuana states.

Under current VA policy, embodied in VHA Directive 2011-004, which expires Sunday, VA doctors are prohibited recommending marijuana as a treatment option even in legal states. This discourages patients and doctors from being honest with each other.

"According to the current directive, VA providers are prohibited from completing forms seeking recommendations or opinions regarding a veteran's participation in a state-sanctioned marijuana program. This policy disincentivizes doctors and patients from being honest with each other," the solons wrote. "Congress has taken initial steps to alleviate this conflict in law and we will continue to work toward this goal. However, you are in a position to make this change when the current VHA directive expires at the end of this month. We ask that you act to ensure that our veterans' access to care is not compromised and that doctors and patients are allowed to have honest discussions about treatment options."

If patients can't get a recommendation from their VA docs and thus can't access dispensaries, they would be tempted to go elsewhere for recommendations, to doctors "likely far less familiar with their symptoms and medical history," the solons wrote.

Sen. Kirsten Gillibrand (D-NY) (senate.gov)
Noting that there has been a "sea change" in the legal framework around marijuana since the directive was issued in 2011, they asked that "upon the directive's expiration, any new directive remove barriers that would interfere with the doctor-patient relationship in states that have chosen to legalize marijuana for medical purposes."

But without a new directive, even though the old one is expiring, it will be the status quo at the VA, said Michael Krawitz, a US Air Force veteran and executive director of Veterans for Medical Cannabis Access. Krawitz participated in the process that led to the production and distribution of the directive.

"VA Directives remain in effect with full force even after expiration unless they are officially replaced or rescinded," he said. "Although I can understand that patients might not know that and might get uneasy about the expiring directive, but in practicality there should be no change in clinical practices caused by the expiration."

While VA patients could be spooked by the expiration, the status quo is unacceptable, said Dr. Sue Sisley, MD, in clinical psychiatry and internal medicine, who has two decades of experience treating veterans and who is set to do a pilot study on medical marijuana and PTSD for veterans.

"I've worked with veterans all over the country who are dealing with severe and chronic, debilitating medical problems," she said. "They just want the treatment that is going to help them the most, with the least side effects. I have seen firsthand the dramatic improvement so many veterans have had while taking cannabis. Not only have they experienced relief from problems such as PTSD, chronic pain, and migraines, but many of them have also been able to break their addiction to more dangerous drugs, such as opioids and benzodiazepines."

Vets can't get into dispensaries without recommendations. (wikimedia.org)
VA staff physician Deborah Gilman, MD, said current VA policy forces physicians to ignore the science if it conflicts with policy.

"Unlike private practice physicians, VA physicians are under a gag order regarding discussing marijuana with patients," she said. "In other settings, doctors can be honest about their medical opinions regarding treatment options, based on science. In the VA, an administrator can write policy that you can't disagree with without losing your job. Veterans are fearful of losing either their medical benefits or their access to health care if they acknowledge using marijuana. This causes a VA doctor to give you a medical opinion based on the VA regulation, not on the science. I knew many VA doctors whose professional opinion was that cannabis might help some of their patients, but they could never say so in their office or in public."

"There is nothing more sacred in healthcare than the doctor-patient relationship," said Sisley. "Right now we are seeing interference with that coveted relationship. No government policy should come between a doctor and their patients. The only people who should be making medical decisions for veterans are their physicians, not a bureaucrat and not a law enforcement official. These men and women have sacrificed so much for their country. It's only fair that they get the care that they deserve, and have access to the whole range of treatment options."

For Krawitz, it's about getting health care he and countless other vets deserve.

"I suffer from a combination of internal injuries and broken bones leading me to be a perfect candidate for cannabis as an adjunct pain treatment," he explained. "I need to be able to go in and see my VA doctor and have a honest conversation where my doctor feels free to gain knowledge now available through continuing medical education and relay that information to me in writing even if that is the very documentation is what I need to participate in a state medical marijuana program."

Now it's up to Veterans Affairs Secretary Robert McDonald. He's heard from Congress, he's heard from patients, he's heard from doctors and scientists. We'll see if he's listening.

Washington, DC
United States

Seven Ways New York's Medical Marijuana Program Falls Short [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

New York's long-delayed medical marijuana program finally rolled out this month, not with a bang, but with a whimper. What looks to be the country's tightest medical marijuana program has an extremely limited number of producers and retailers, a tiny number of eligible patients, a dearth of doctors, and forbids both smoking marijuana and using edibles.

For patients and advocates, the very limited arrival of medical marijuana in the Empire State is not the end point they hoped to achieve. Now, instead of resting on their laurels, they will have to continue to fight to make the program one that actually serves the needs of New Yorkers.

"It's a start," said the Drug Policy Alliance's Julie Netherland, until recently the deputy director of the group's New York Policy Office, where she was deeply involved in massaging the law through the legislature and past a reluctant governor. "It's the first time New Yorkers can legally purchase medical marijuana, and it's the result of the hard work of thousands of patients and family members across New York."

But, she was quick to grant, the program has some serious issues, immediate ones in the way the program has been rolled out and longer-term ones with the statute itself.

Here are seven ways New York's medical marijuana program falls short:

Not Enough Access to Doctors

Under the law, before doctors can recommend medical marijuana to patients, they must complete a $249 four-hour course on the drug and then register with the Health Department. As of Thursday, only 306 physicians had done so. Unlike neighboring New Jersey, the Health Department maintains no public registry of doctors certified to recommend medical marijuana, making it that much more difficult for potential patients to find doctors who might certify them to purchase it. So far, only 465 patients have been certified by the department to buy medical marijuana.

"This is the number one complaint of patients," said Netherland, sketching out an almost Kafkaesque process. "The Health Department is telling me if I'm a patient, I should go see my doctor and see if he participates in the program and if not, to encourage him to register," she said. "If the doctors says he's not going to register, then I'm supposed to ask him for a referral, but the doctor isn't going to know about any list of certified doctors to refer me to, and then it's incumbent on me to tell him. It's just another set of hoops for patients to jump through."

At least the Health Department has now agreed to make the list of certified physicians available to patients.

Not Enough Dispensaries

In a state of 20 million, only eight dispensaries opened January 7, and only another dozen are envisioned under the June 2014 medical marijuana law. Weedmaps lists only three for New York City -- one each in Manhattan, the Bronx, and Queens. By way of comparison, Los Angeles had 135 permitted dispensaries and probably three times as many actually operating.

New York is not only heavily populated, it's big. With only 20 dispensaries, large geographical swathes of the state will remain without access. Long Island, for instance, will have two dispensaries, but right now, it's a two-hour drive into the city.

"I'm disappointed that only eight dispensaries will open by the deadline," said Missy Miller from Atlantic Beach. "There are none opening on Long Island, which leaves my son Oliver, who suffers from life-threatening seizures, out of luck. This only highlights concerns we have had all along that the state has licensed way too few producers and dispensaries to serve a state as populous and geographically large as New York."

No Personal Cultivation

Unlike the majority of medical marijuana states, patients can't just grow their own. That means they are dependent on the dispensary system, with all its limitations.

Access Is Limited to Specified Qualifying Medical Conditions

The state law only allows medical marijuana for a list of specified medical conditions, including cancer, HIV/AIDS, Parkinson's disease, multiple sclerosis, and chronic pain. The law allows the Commissioner of Health to add other diseases and conditions, but just last week, he refused to add PTSD, Alzheimer's, muscular dystrophy, dystonia, rheumatoid arthritis.

"We're hearing every day from patients with all kinds of conditions," said Netherland. "The commissioner was directed by law to consider those five additional conditions, but he declined to add any. That was a huge blow to patients across the state hoping he would do the right thing. Half the medical marijuana states include PTSD; we thought there was strong scientific evidence to include it."

Limitations on Forms of Ingestion

The law bans the sale of smokable marijuana. New York joins Minnesota as the only two medical marijuana states that ban smoking; 21 others do not. The state will only allow oils and capsules that can be administered orally, and liquid forms of marijuana may also be vaporized.

"The law prohibits any smoking, but regulations prohibit any access to the whole plant," said Netherland. "That means all the products will be extracts, oils, or tinctures. This is also an issue for a lot of our patients.

Limitations on Strains

The law only provides for five producers, and each producer can only grow five strains.

"We know there are dozens and dozens of therapeutic strains," said Netherland. "We'd like to have the flexibility to match symptoms with strains. One of the issues is that all of the products have to be approved by the Health Department."

Access for Limited Income Patients

Advocates sought unsuccessfully to get provisions to ensure access for low income patients. Medical marijuana is not covered by insurance, and could run between $200 and $1300 a month, depending on the product and the condition. Now it will be up to the charitable instincts of dispensaries.

"We had encouraged the state to create incentive programs for producers to have programs for low income access, and we also encouraged the state to set up a program itself. It chose to do neither," Netherland said. "Now, patients are basically waiting to see if dispensaries will step up."

"There's lots of room for improvement," she said. "We anticipated a lot of these problems when the law was passed, and we're looking at going back to the legislature. We'll be back in Albany in the coming months talking about the need to expand the program and make it work from the patient's standpoint."

It looks like there's plenty of work to be done.

NY
United States

Why Is the Administration Sending Refugees Back to Narco War Nightmare US Helped Create? [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

With the New Year, the Obama administration has unleashed a new campaign of Immigration and Customs Enforcement (ICE) raids targeting Central American women and children who fled to the US in 2014 to escape violence in their home countries. Some 17,000 are at immediate risk of being dragged from their homes and families and being detained and deported.

Salvadoran refugee walking toward the US border. (unhcr.org)
"Our borders are not open to illegal migration; if you come here illegally, we will send you back consistent with our laws and values," Homeland Security Secretary Jeh Johnson said in a statement announcing the action.

Some 121 people were arrested in raids last weekend, Johnson said, with many of them housed in euphemistically named "family residential centers" before their imminent deportation. The raids took place in Georgia, North Carolina, and Texas.

Johnson's statement noted that back in November, the administration had broadened its deportation actions beyond "criminals and threats to public safety" (including at least 250,000 people deported for drug offenses) to include those who threaten "border security" by having arrived uninvited after January 1, 2014.

The administration signaled last week that the raids will continue despite a growing outcry from some Democrats, progressives and immigrant rights groups.

Democratic presidential contenders Bernie Sanders and Martin O'Malley both railed against the raids, with Sanders saying that while he is an ally of the president, "I don't agree with him on this," and O'Malley decrying them, saying "Jesus himself was a refugee child."

Protestors gathered in Boston Friday for an event organized by the Massachusetts Immigrant and Refugee Advocacy Coaltion (MIRA) echoed complaints being heard around the nation.

"I came to this country fleeing the terror of the Pinochet military dictatorship in Chile," said the Unitarian Universalist Rev. Maria Cristina Vlassidis Burgoa. "I know what it's like to be 12 years old and to live in fear that at any moment, an unmarked car will stop at your house and take your family away one by one. I know what it's like to fear that you will be the next one to disappear. My grandmother, my mother, and I were fortunate to find refuge here and build a life. Today, as a US citizen I denounce the massive deportations and raids as a violation of human rights."

"The home raids that terrorize the community, separate families, and wake up sleeping children must stop. Arresting, detaining, and deporting them is not the answer," said MIRA executive director Eva Millona. "Such crisis requires compassion and humane solutions."

ICE swears in agents for the family detention program. (ice.gov)
Those would include letting them stay in the country under Temporary Protected Status and Deferred Enforced Departure. The latter is the program that allowed Obama to regain some favor with the immigrant community when he used it to ensure that some five million young people whose parents brought them into the country illegally -- the Dreamers -- would be allowed to stay.

The people being targeted now are part of the 100,000 or so children and parents who fled gang violence in El Salvador, Guatemala, and Honduras during the immigration "crisis" of 2014, when the specter of masses of Central Americans coming to the border and turning themselves in to seek asylum temporarily focused the nation's attention -- and the Republicans' ire -- on the issue.

Amid predictable calls for more walls, more border agents, and immediate deportation, many of the asylum-seekers were placed in "family detention centers," but others were released, often with GPS ankle bracelets. The vast majority were processed without legal counsel and without any real understanding of the legal proceedings that would determine their futures. The people being targeted now are those whose asylum applications were rejected or those who, for one reason or another, failed to show up at immigration hearings.

The cruel irony of the situation is that it is US policy to deport these people back to countries wracked by poverty and violence that is due at least in part to other US policies -- the imposition of US-style drug war on the region, and even earlier, Ronald Reagan's anti-communist crusade to thwart the region's leftist revolutionary movements in the 1980s. US policy helped to push these people out of Central America, and now US policy is to push them back in.

The US can't be blamed for all the woes of Central America, of course, but it has certainly been a contributing factor. The violent gangs that have helped turn the region into one of the deadliest on the planet, such as Mara Salvatrucha, Barrio 18, evolved in Salvadoran immigrant communities in cities like Los Angeles, Chicago, and Washington, DC, after hundreds of thousands fled the violent civil war in which Ronald Reagan and US taxpayers spent $4 billion to ensure that leftist revolution was neutered. Some 75,000 people died in that conflict.

After the young Central American immigrants learned the fine art of gang-banging up north, deported gang members brought those skills back with them to the old country, laying the groundwork for the emergence of increasingly powerful and deadly street gangs, particularly in El Salvador and Honduras.

And, thanks to the "success" of the Reagan administration in shutting down Caribbean cocaine smuggling routes into Miami in the early 1980s, the new deportees came home to countries increasingly awash in cocaine as Colombian smugglers began using the region as a trampoline, a transshipment point for drugs headed on to Mexico before reaching their ultimate destination in the US.

Central Americans didn't try to sneak into the country; they sought asylum. (wikipedia.org)
"Drug prohibition makes drug transshipment very lucrative for organized crime," said Adam Isacson, a drug policy analyst with the Washington Office on Latin America. (WOLA). "US efforts to interdict aerial and maritime drug shipments in the Caribbean in the 1980s and 1990s caused more and more cocaine to pass through Central America, a region recovering from civil war."

Another drug war "success" also had ramifications for the region, Isacson said.

"The mid-90s takedown of the big Colombian cartels -- the Medellin and Cali cartels -- gave more market share to the Mexican organizations, which relied more heavily on Central American territory," he explained.

"The groups transshipped drugs through Central America further corrupted and undermined already weak security and judicial institutions," Isacson continued. "And that made those institutions less able to protect their citizens."

And more vulnerable to hyper-violent Mexican drug trafficking organizations, such as El Chapo Guzman's Sinaloa Cartel and the Zetas, who began expanding their presence in Central America as they came under pressure from Mexican authorities, bolstered by US anti-drug assistance, at home.

Now, Central America is one of the most violent regions in the world, and El Salvador has the highest murder rate the world has seen in 20 years, taking the dubious title of world's murder capital from neighboring Honduras, which claims an official decline in murders this year. Some observers are skeptical.

Jeannette Aguilar, director of Institute of Public Opinion at the Central American University in El Salvador, told USA Today the apparent reduction could be artificial because the cartels have learned that too many bodies is bad publicity and have become adept at disposing of them.

"Because of the evolution of dismembering bodies, decomposing them, incinerating them, it's difficult to know if homicides have really fallen," she said.

The American policy response to violence, much of it drug trade-related, and social decomposition has historically been heavy on assistance to the military and police forces, like the Central American Regional Security Initiative, but that looks like it is finally beginning to change this year. Just last month, Congress approved $750 million in aid for the region that shifts the focus away from security initiatives and instead targets structural issues that have crippled the region.

The bill stipulates that 75% of the funds can only be spent after government take on issues of corruption, transparency, immunity, and criminality. Equally important, it calls on regional governments to "support programs to reduce poverty, create jobs, and promote equitable economic growth in areas contributing to large numbers of migrants."

It will be up to the governments of those countries to try to make progress in alleviating the conditions causing so many to flee, but as our policy-makers decide the fates of the people who have already sought refuge here, they would be remiss to ignore our own role in helping this crisis to happen.

Dabs, the Latest Pot Trend Police and Media Are Needlessly Freaking Out About [FEATURE]

This story was produced in collaboration with AlterNet and first appeared here.

A highly potent form of marijuana has made its way to the East Coast, and law enforcement and "advocates" are very worried. In fact, they're so worried that they are making false and baseless claims about its dangers.

A little dab'll do ya. (wikipedia.org)
The stuff is basically butane hash oil, which is now generically called "dabs." It can come in the form of oils, "budder," or "wax." The stuff known as "shatter" has THC concentrated to extremely high levels, reportedly as high as 90%. The stoniest buds from pot plants, on the other hand, have a THC level of around 25% to 30%.

Shatter is the hash oil derivative in the form of marijuana wax, and is typically produced as a thin, hard, translucent sheet, which will shatter in pieces if dropped to the floor. It is generally vaped, rather than smoked.

Make no mistake -- dabs is strong stuff. One toke of dabs contains about as much THC as a joint of pot, and even experienced pot smokers have been known to have unpleasant experiences after biting off more than they can chew. And some of the processes used to extract dabs from raw marijuana are dangerous, leading to explosions that have damaged property and cost lives.

Just before Christmas, police in Virginia busted a truck carrying hundreds of pounds of marijuana and 15 pounds of shatter, the largest shatter bust ever on the East Coast. With the stuff going for $60 a gram in legal and medical marijuana states, police estimated the value of the shatter seizure at $270,000.

That bust appears to have set off some over-the-top warnings from cops and people like the Partnership for a Drug-Free America. Even though dabs is business-as-usual in legal marijuana states, "experts are warning that Shatter is dangerous, for a variety of reasons," New Jersey 101.5 reported.

dabs (Erik Fenderson/Wikimedia.org)
The "expert" in question was Angelo Valente, executive director of the Partnership for a Drug Free New Jersey, who quickly conflated shatter production with shatter consumption.

"This is extremely dangerous, there are many home explosions in this process," Valente said. "So there's not only concern about the use of this type of a chemical going into a child or a young person's body, but also the immediate concern about explosions that we might be seeing in the state of New Jersey." The bottom line, he said, was that it was important for local residents "to become aware of just how dangerous Shatter and any other illegal drugs can be to them, both short term and long term."

The Middletown Patch went a step further. "'Shatter' is five times more potent than pot, and can cause explosions once lit," read the sub-head to its headline about "Dangerous New Form of Marijuana Out There, Police Warn."

After explaining that shatter is made by mixing marijuana and butane, the Patch wrote that "police departments across the country are reporting explosions, fires and injuries after teens lit the drug on fire to smoke it."

This is just bad reporting. Shatter does not "cause explosions once lit" and police departments are not "reporting explosions, fires, and injuries after "teens lit the drug on fire to smoke it." The Patch has confused what can happen with home hash oil extraction efforts (you can blow up) with what does not happen with hash oil consumption (you don't blow up).

more dabs (youyube.com)
It isn't just New Jersey where small local media outlets are perpetrating hysterical reporting. WWLP News 22 in Lafayette, Indiana, spoke with "national trainer and speaker for drug prevention" Officer Jermaine Galloway and came away with the bottom line that dabbing "takes marijuana to a new and potentially deadly level" because the THC level "can be nine times higher than regular pot smoking."

That's wrong in a couple of different ways. First, shatter is three, four, or maybe five times stronger than high-grade buds, not nine times. And second, it still doesn't kill you.

The Washington Post, on the other hand, produced a much more level-headed piece on the phenomenon:

"Although the high potency of shatter is troubling to parents and law enforcement officials, marijuana advocates point out that no one has died from ingesting marijuana. 'As long as people are educated about the proper dosage,' said Morgan Fox of the Marijuana Policy Project, 'it hasn't presented any problem.' He likened the difference between shatter and regular marijuana to the difference between whiskey and beer.

"Ry Prichard, a writer and photographer for The Denver Post's Cannabist blog, noted that hash oil is not new, but shatter is a relatively recent refinement as a result of proliferating medical and recreational cannabis programs.

"'Shatter and other concentrated cannabis products,' Prichard said, 'give a stronger, more immediate effect and have shown to have great benefits with a variety of medical conditions because of the quick-acting nature of inhalation or vaporization.'

"He noted that more than half of the daily sales for dispensaries in Colorado come from concentrates, primarily in edible cannabis products."

The Post also addressed the issue of hash oil explosions:

"Fox said legalizing and regulating marijuana was the way to protect homes from hash oil extraction fires, 'so businesses are doing it, instead of people making it themselves.'

"Prichard said legal makers of shatter and other concentrates in Colorado are highly regulated, and those who make it illegally are subject to felony charges."

Okay, shatter has made it to the East Coast. It's stronger than buds, so dabs newbies should be careful to not overdo it, but it's not going to explode in your face while doing it and it's not going to kill you. Just don't mess around with trying to make it at home. That could explode in your face and that could kill you. It's good that at least some media outlets are now taking the trouble to get the story right.

Drug War Issues

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