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In Memoriam: William F. Buckley, Conservative Supporter of Drug Legalization

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William F. Buckley
William F. Buckley, the dean of American conservatism and advocate of drug legalization, died Wednesday at his home in Connecticut. He was 82.

Buckley, the scion of a wealthy Connecticut family, came to public prominence with the 1951 publication of "God and Man at Yale," a searing critique of what he saw as agnostic and collectivist tendencies among the faculty and curriculum of his alma mater. In 1955, he founded the National Review, the magazine that became the leading voice of post-war American conservatism and helped lead to the conservative renaissance that resulted in the election of Ronald Reagan in 1980.

While Buckley spent much of his career fighting for main-line conservative causes like smaller government, he also used the National Review and his decades-long stint as the host of PBS' "Firing Line" to advance his views in favor of the legalization of drugs. Along with figures like Milton Friedman and George Schulz, Buckley was among the first conservatives to adopt an overtly pro-legalization position.

Writing in the National Review in 1996, Buckley made the case for legalization:

"A conservative should evaluate the practicality of a legal constriction, as for instance in those states whose statute books continue to outlaw sodomy, which interdiction is unenforceable, making the law nothing more than print-on-paper. I came to the conclusion that the so-called war against drugs was not working, that it would not work absent a change in the structure of the civil rights to which we are accustomed and to which we cling as a valuable part of our patrimony. And that therefore if that war against drugs is not working, we should look into what effects the war has, a canvass of the casualties consequent on its failure to work."

In that same article, Buckley expressed abhorrence at the degree to which drug war zealotry infected the criminal justice system:

"I have not spoken of the cost to our society of the astonishing legal weapons available now to policemen and prosecutors; of the penalty of forfeiture of one's home and property for violation of laws which, though designed to advance the war against drugs, could legally be used -- I am told by learned counsel -- as penalties for the neglect of one's pets. I leave it at this, that it is outrageous to live in a society whose laws tolerate sending young people to life in prison because they grew, or distributed, a dozen ounces of marijuana. I would hope that the good offices of your vital profession would mobilize at least to protest such excesses of wartime zeal, the legal equivalent of a My Lai massacre. And perhaps proceed to recommend the legalization of the sale of most drugs, except to minors."

Buckley's erudition, extensive vocabulary, and famously darting tongue, as well as his life-long commitment to conservative principles made him an iconic figure of the late 20th Century. His principled embrace of drug legalization made it all the easier for other conservatives to follow in his footsteps. Hopefully more will follow.

Europe: Czechs Call for Legal Medical Marijuana

As deputies in the Czech parliament debate a proposal to decriminalize the possession of small amounts of marijuana and the growing of up to three plants (see story last week), activists from Cannabis Is Medicine called on them to legalize the medicinal use of marijuana while they are at it. The group is calling on the government to allow patients to grow up to three pounds of marijuana a year.

The call from Cannabis Is Medicine has been endorsed by a number of Czech personalities, including singer Marta Kubisova, former deputy Tana Fiserova, and film-maker Olga Sommerova. It comes less than a month after the Czech Supreme Court threw out a woman's cultivation conviction because she was using it medicinally.

Patients must be able to grow more than the three plants envisioned under the decriminalization proposal, said Jiri Richter, head of a grouping of nonprofit organizations working on drug prevention and treatment. "Only three cannabis plants, this is ridiculous," he told the Czech news agency CTK.

Richter added that he believed marijuana should be completely legal. But while support for decrim appears strong within the ruling coalition, proposals for legalization are not considered to have much chance.

Europe: Poll Finds Britons Prefer Status Quo on Marijuana, But One Quarter Would Support No Penalties At All

A poll conducted last month by the Angus Reid Global Monitor found that a plurality of Britons -- 41%--believe people caught possessing marijuana for their personal use should face the penalties associated with Class C drugs. Another 27% said marijuana possessors should face no penalty at all.

Under the Misuse of Drugs Act, possession of Class C drugs (marijuana, tranquilizers) is punishable by up to two years in prison, possession of Class B drugs (amphetamines, barbiturates) garners up to five years, and possession of Class A drugs (heroin, cocaine, methamphetamine) is worth up to seven years. Marijuana was down-scheduled to Class C in 2005, but the Labor government of Prime Minister Gordon Brown is hinting broadly that it will reschedule it back to the more serious Class B in the near future.

But according to the Angus Reid poll, while 68% of respondents favored either the status quo or some form of decriminalization or legalization, only 13% supported treating marijuana possession as a Class B drug offense, and only 11% supported subjecting pot smokers to the seven years in prison associated with Class A drugs. Nine percent of respondents had no clue.

Oddly enough, Angus Reid itself spun the poll results as suggesting support for a tougher line on marijuana. "Most Britons Want Jail for Marijuana," read the headline of its release. While that headline is factually accurate -- 65% think marijuana possession should be punished as a Class A, B, or C drug offense -- it is misleading because a plurality supports the status quo -- not an increase in penalties -- and a sizeable minority supports having no penalties at all.

Europe: Grow Ops Pop Up in Southern Norway

Norwegian police have made a number of marijuana grow operation arrests this year, according to the Oslo newspaper Aftenposten. Gardens busted on Kråkerøy Island, near Fredrikstad, and Kongsberg in Buskerud over the weekend were just the latest indications that cannabis cultivation is taking off in the land of the Norse.

Those two raids were the fourth in a week, and the 14th and 15th in recent months in southern Norway. Other garden busts have occurred in Telemark, Buskerud, Hedmark, and Østfold counties. Many of the busts have involved Vietnamese growers, according to police.

Police believe many of the grow ops are linked, and the national crime unit, Kripos, has been called in to aid local investigators. "We've noticed that many of these cases bear similarities," said Kripos spokesman Atle Roll-Mathiesen. "We've gotten involved, to look at the links between them."

Scandinavian countries generally have tough drug policies, and Norway's drug laws are no exception. While small-time drug possession, including marijuana possession, is charged under a relatively lenient section of the Norwegian criminal code, drug cultivation or trafficking offenses, including those involving marijuana, are serious crimes punishable by up to 21 years in prison.

Latin America: Colombian Soldiers Convicted of Killing Colombian Narcotics Police

In one of the most depraved cases of corruption in the Colombian armed forces in recent years, a Colombian court Monday convicted an army colonel and 14 soldiers of massacring 10 members of an elite, US-trained anti-drug police unit and an informant at the behest of drug traffickers. A judge in Cali found Col. Bayron Carvajal and his soldiers guilty of aggravated homicide for the May 2006 ambush outside a rural nursing home near Cali. The men will be sentenced in two weeks.

The soldiers bushwhacked the police unit as it was about to seize 220 pounds of cocaine that the informant had told them was stashed inside a psychiatric facility in the town of Jamundí. The soldiers fired hundreds of rounds at the police and attacked them with hand grenades. Six of the police officers were found to have been shot at close range. No drugs were recovered.

During the trial, more than a hundred witnesses testified. Some of them linked Carvajal to both leftist guerrillas and drug traffickers. Carvajal claimed his troops were attacking leftist rebels working with drug traffickers, but that didn't fly. Neither did the military's original explanation that the deaths were accidental. The military later conceded that its inquiries suggested links between the soldiers and drug gangs operating in the region.

Under Plan Colombia, the US has sent an average of $650 million a year in recent years to fight the drug trade and the leftist guerrillas of the FARC. Most of that money has gone to expand, equip, and train the Colombian military and police. Part of the rationale for that aid was that it would reduce corruption and human rights abuses in the Colombian armed forces.

The Carvajal case is not the only one to tarnish the image of the Colombian military lately. In the last two years, high-ranking military officers have been accused of selling secrets to drug traffickers to help them escape capture and planting fake bombs to advance their careers. Killings of noncombatants by the military are also reportedly on the increase after decreasing during the early years of Plan Colombia.

Meanwhile, for all the billions spent, that Colombian cocaine just keeps on coming.

Australia: Queensland Passes Tough New Drug Law

The parliament of Queensland passed a bill last week that will increase penalties for the possession, manufacture, or trafficking of Ecstasy (MDMA) and PMA (paramethoxyamphetamine or "Death") by rescheduling them as Schedule 1 drugs, the most serious classification under the Australian state's drug classification scheme. The bill also increases the penalties for a number of other drugs and precursors and has provisions to criminalize the possession of analogues to the drugs banned by the state.

Under the new law, maximum penalties for the possession, manufacture, or sale of Ecstasy and PMA will increase from 20 to 25 years. Maximum penalties for the possession, manufacture, or sale of Valium, Sarapax, steroids, Rohypnol, and ephedrine will increase to 20 years imprisonment. Previously, the maximum penalty for their supply or trafficking was five years jail while possession carried a maximum of two years imprisonment.

The Drug Misuse Amendment Bill of 2007 will be a "serious deterrent" to drug abuse, said Queensland Attorney-General and Minister for Justice Kerry Shine. "We are determined to fight the increase in drug use in our society and these laws provide a serious deterrent to anyone thinking of becoming involved in the illegal drug trade," he said, according to Sydney Morning Herald.

"New offences have been created for the supply and production of substances such as pseudoephedrine and for the possession of equipment used in the production of dangerous drugs such as pill presses," he said. Under the new law, possession of such items can garner a prison sentence of up to 15 years.

"We have also introduced a new concept called 'analogue' which means that drugs not named in the Drugs Misuse Act, but which have a similar structure pharmacological effect, will attract the same penalties as drugs that are in it," Shine noted.

While enforcement of the new drug laws will undoubtedly lead to more people doing more prison time in Queensland, the bill claimed that the cost of implementation will be "nil." It also addressed concerns about the liberty interests of Queensland residents, saying: "Whilst it could be said that these amendments will affect the rights and liberties of individuals by increasing penalties it should be noted that the penalties are maximum penalties, not mandatory penalties and will not have retrospective effect."

Southeast Asia: Methadone Maintenance Coming to Ho Chi Minh City

Vietnam has generally appeared in these pages in recent months because of its penchant for using the death penalty on drug traffickers, but now Vietnamese authorities have taken a step in a different direction, at least when it comes to users. Last Friday, officials in the capital, Ho Chi Minh City, announced that a methadone maintenance program for opiate users will be getting underway there.

In remarks reported by VietnamNet, Ho Chi Minh City Health Department Deputy Director Le Truong Giang announced that the Ho Chi Minh City AIDS Committee will start providing methadone to heroin users beginning next month. The one-year program sponsored by the World Health Organization will operate out of community counseling centers in several districts in the city, Giang said.

The program in Ho Chi Minh City will be the second to operate in Vietnam. For the past year, some 700 drug users in the northern port city of Haiphong have been participating in a pilot program funded by the US and British governments. That program will end at the end of this year.

Giang said that results from methadone maintenance programs in Australia, China, and Indonesia all showed that providing heroin users with access to methadone maintenance therapy would dramatically reduce crime. Methadone is provided for free to users, he added. If the Ho Chi Minh City and Haiphong programs are proven to be effective, they would be expanded, Giang said.

In Memoriam: Dr. John P. Morgan

Dr. John P. Morgan, one of the leading supporters of drug policy reform within the medical and academic worlds, died last Friday in New York City at age 67. Morgan succumbed to leukemia in a case that came on suddenly, taking family, friends and colleagues by surprise, many of whom had enjoyed conversations with him at recent conferences where he had appeared quite healthy.

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John Morgan (courtesy NORML)
Morgan was a professor of pharmacology at City University of New York's Medical School from 1977 until his retirement in 2004. Though best known to the movement as coauthor of the 1997 book "Marijuana Myths, Marijuana Facts" -- with sociologist Lynn Zimmer, who passed away in 2006 -- Morgan has in fact been a staunch activist for drug law reform for decades. His service to the cause included a lengthy association with NORML, including many years sitting on its Board of Directors and Advisory Board, as well as on boards of the Drug Policy Foundation, now known as the Drug Policy Alliance.

Morgan was also a fixture at drug reform conferences, where, in addition to educating audiences on the intricacies of drug reform, he displayed a broad knowledge (and love of) popular music, especially pop music related to various drug cultures. On multiple occasions he gave presentations on marijuana references in classic jazz.

"Every single man and woman in this country and around the world who care about replacing prohibition-oriented policies with science/public health-based policies owe a man like John Morgan immense thanks and praise," said NORML executive director Allen St. Pierre in a statement announcing Morgan's untimely demise to the reform community.

Truly, Dr. John Morgan was a giant among advocates for a more humane drug policy. His achievements are enduring, but he will be sorely missed.

A memorial service for Dr. Morgan will be held at 2:00pm, Saturday, February 23 at City College on 140th Street and Amsterdam in Manhattan. It will be in the Faculty Dining Hall in the North Academic Center at Amsterdam and 138th street (map). The family asks that in lieu of flowers, donations in his name be made to support Stem Cell or Multiple Sclerosis research at Mt. Sinai Hospital. Call the hospital's Development Office at (212) 659-8500 or use their online gift form here.

Read Marsha Rosenbaum's tribute to John Morgan here. Read Jacob Sullum's tribute to him on the Reason web site here.

Sentencing: Faced With Swollen Prisons, Idaho Ponders Reforms

With nearly 7,500 people behind bars in Idaho -- more than half of them for drug offenses -- the Idaho legislature is finally beginning to move away from the "tough on crime" posturing and infliction of mandatory minimum drug dealing sentences that helped create the current crisis. A bill with bipartisan support that would give Idaho judges the option to send people convicted of drug distribution offenses to treatment instead of mandatory prison terms if they are found to be addicts is on the move in Boise.

House Bill 516, sponsored by three Republicans and one Democrat, is in line for a full hearing at the House Judiciary, Rules and Administration Committee this session. The bill would mark a departure for Idaho, which for years has responded to illegal drug use and sales by ratcheting up penalties.

But even the bill's sponsors are still playing to the punishment choir, if the Associated Press got it right. Rep. Nicole LeFavour (D-Boise), a cosponsor of the bill, told the committee Monday most people convicted of drug distribution offenses deserved harsh sentences. But, she said, those involved in small-time dealing because of their addictions should get a chance at treatment instead. "For these rare instances, this will allow for an alternative sentence by judges," she said. "If treatment is provided, that provides the best chance of recovering."

Under current Idaho law, most drug dealing convictions require mandatory minimum sentences of three to five years. Some methamphetamine and meth precursor offenses carry 10-year mandatory minimums, though.

The bill "ain't a bad idea," Rep. Dick Harwood (R-St. Maries) told the AP. "Our prisons are pumped full. It would be nice to give judges discretion about whether to send somebody to prison or to some other treatment program. In reality, they're the ones that are sitting on the front lines, not the legislators who are making the laws."

There is also a another bill aimed at sentencing reform in Idaho. Rep. Jim Clark (R-Hayden) has introduced a bill that would expand misdemeanor drug courts. It is aimed at stopping minor offenders from developing full-blown substance abuse problems. If these bills are truly harbingers of a new approach in the Gem State, it's about time.

Middle East: Tel Aviv Seeks to Begin Heroin Maintenance Program

The Israeli city of Tel Aviv is moving to establish a pilot heroin maintenance program for older addicts who have proven resistant to recovery. Then the city's existing opioid maintenance programs, which now offer methadone and subutex, will have one more option in dealing with hardcore heroin users.

According to the Tel Aviv News, the city's social services division has formulated the program and the city has already drafted a position paper in support of the program. According to the plan, the heroin will be dispensed at carefully monitored clinics that will also provide medical and psychological services to their clients. Tel Aviv officials will soon present the proposal to the Israeli Ministry of Health for approval.

The program will cut crime, the city argued, citing statistics finding that 75% of property crimes are committed by addicts looking for their next fix. "Many addicts therefore lose control and find themselves unwitting criminals," stated the Tel Aviv Municipal Anti-Drug Authority's position paper.

The city also reported that only 20% of heroin users who entered a treatment program remained drug-free. "Fighting addiction demands immense mental and physical fortitude that many addicts simply don't possess," said Dr. Benny Avrahami, director of the anti-drug authority, who drafted the position paper.

The program could bring many advantages, including providing stronger support for addicts and their families, a reduction in the economic cost of treating them, a reduction in crime, and the use of clean, laboratory-produced heroin. If Israeli authorities approve the pilot program, Israel will join a select group of European countries, including Germany, Switzerland and the Netherlands, where such program have consistently resulted in a decline in property crime, as well as improvements in clients' heath and welfare. Also allowing experimentation with heroin maintenance are Great Britain, which restarted it last year more than a decade after the conservative government of Margaret Thatcher had shut it down, and Canada, where the Vancouver North American Opiate Maintenance Initiative (NAOMI), is the only such program in North America.

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