CHANGING MINDS, LAWS & LIVES CAMPAIGN

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Federal Government

Higher Education Act Reform Campaign

Since 1998 DRCNet has campaigned for repeal of the drug provision of the Higher Education Act (also known as the "Aid Elimination Penalty,") a 1998 law that delays or denies federal financial aid to people convicted of state or federal drug offenses -- since taking effect in the fall of 2000, nearly 200,000 students have been denied aid under this law. The major component of this effort has been our coordination of the Coalition for Higher Education Act Reform (CHEAR), a coalition including some of the nation's leading religious, criminal justice, drug treatment, education, civil rights and health organizations which seeks to repeal the drug provision. Ten members of Congress spoke at our May 2002 press conference, a record in drug policy reform.

The campaign scored a major victory in February 2006, when the drug provision was scaled back to apply only to people whose drug offenses were committed while they were in school and receiving federal aid.

Also in February, DRCNet issued our first major report, published under the auspices of CHEAR, "Falling Through the Cracks: Loss of State-Based Financial Aid Eligibility for Students Affected by the Federal Higher Education Act Drug Provision," finding that a majority of states deny state financial aid to applicants because of drug convictions, even though few of them have laws on the books directing them to do so. Del. Ana Sol Gutierrez of Maryland offered legislation in the state's 2006 session to address that situation, and efforts underway in states around the country to take on the issue at that level.

Speakers appearing in this photo include Rep. Bobby Rush (at the podium), with Rep. Tammy Baldwin, Rep. Elijah Cummings, Rep. Robert Andrews, drug provision victim Caton Volk, Jo'ie Taylor of the United States Student Association, Students for Sensible Drug Policy national director Shawn Heller and Legal Action Center representative Jennifer Collier.

Why Do We Even Have a Drug Czar?

Tim Lynch at the Cato Institute has a nice piece in The Washington Times calling for the total elimination of the drug czar's office. It costs American taxpayers $400 million a year just to have these guys walk around cheerleading for the drug war, and they're not even good at it.

If drug czar Gil Kerlikoswke is serious about ending the war mentality that has long defined our nation's anti-drug crusade, he should begin by firing himself Michael Douglas-style, and walking off into the sunset. I'm sure Cato could find a desk for him.

Feature: CIA Misled Congress, Dragged Feet on Disciplining Employees in Killings of US Citizens in Peru Drug War Plane Shootdown

Nearly nine years ago, a Peruvian air force fighter guided by CIA employees in a spotter plane blew a civilian aircraft out of the sky over the Amazon, thinking it was shooting down drug smugglers.

Feature: Obama Seeks Increase in Drug War Spending in a Drug Budget on Autopilot

The Obama administration released its Fiscal Year 2011 budget proposal this week, including the

Obama's Drug War Budget Destroys the Myth of Change

For a whole year now, the new administration has been proudly insisting over and over again that they're taking drug policy in a new direction, abandoning the "drug war" approach and prioritizing treatment instead of more arrests and incarceration. Apparently, someone forgot they'd have to release a budget for all this, which would kinda blatantly expose the illusion that anything's changed:

Anyone can just plainly see the two towers of "Domestic Law Enforcement" and "Interdiction," that together dwarf the resources to be spent on treatment. What the drug czar's office is calling a "Balanced Approach to Drug Control" is so obscenely imbalanced that anybody who knows how to read a bar graph could see it without having to put their contacts in.

We're still spending twice as much on the war as we are on treatment for the actual people our drug policy is supposed to help. The urge to describe this as "balanced" is just the trademark dishonesty we've come to expect from the drug czar's office anytime they're required to sum up their agenda in one sentence.

The whole situation is even more appalling when you consider the phenomenal lengths this administration has taken to convince everyone that their drug policy priorities aren't like this. I suppose it's a measure of success for our movement that we've at least made it unacceptably controversial for the White House to take any pride in its drug war spending, but that's still an early stage in the long battle to take interdiction off the table and leave enforcement to the states.

If Obama hopes to placate the public's growing disgust with the drug war status quo, he'll have to pay much more than lip service to the reform of our drug policy. Everything people hate about the war on drugs must be changed; the swelling prison population, the persecution of the sick, the subsidization of widespread violence, the vast corruption and the perpetual recycling of so many ridiculous lies all must come to an end or else the people refusing to end it will be blamed hard for the damage it keeps causing.

The public relations holiday that followed Obama's improved policy on medical marijuana is officially over and the reluctant support he enjoyed from so many reformers in 2008 will be hard to come by if the drug war is uglier in 2012 than it is today.

Obama Chooses Terrible Nominee to Head the DEA

After stalling for a whole year, the White House has finally announced Obama's choice to head the DEA. And there isn’t anything good to be said about it:

For those hoping that Barack Obama would wage the war on drugs less aggressively than his predecessor, this is not a good sign: Yesterday he announced that the new head of the Drug Enforcement Administration will be Michele Leonhart, a career DEA agent who has been the agency's deputy administrator since March 2004 and its acting administrator since November 2007. [Reason]

For all the recent rhetoric about changing the focus of our drug policy and moving beyond the war mentality that's gripped this issue for decades, the White House now plans to promote a Bush Administration holdover who couldn’t more perfectly embody the ugly history we're all working so hard to put behind us.

It was Leonhart who gave marching orders in the federal war on medical marijuana, right up to and even after the Obama Administration pledged to respect state laws. She celebrated the inauguration with a cleverly-timed, though transparently dishonest move to continue blocking medical marijuana research despite the ruling of a DEA administrative law judge. She's been closely tied to the sketchiest career informant in DEA history, even making light of his reputation for perjury. And she even managed to get her name in the press by wasting $123,000 in taxpayer money on a private flight to Colombia, even though the DEA owns 106 airplanes.

Leonhart's nomination is an affront to the Obama Administration's promises of a more enlightened drug policy approach. It's also a clear statement that they don't think we're paying attention to the faces behind the drug war's rich and recent history of arrogance, ignorance and injustice. Let's prove them wrong by opposing this embarrassing nomination as loudly as we can.

Please contact the White House today to tell them that Michele Leonhart's DEA career has already gone on far too long.

Feature: South Dakota Medical Marijuana Campaigners Set to Hand in Signatures for November Initiative

In 2006, voters in South Dakota become the first -- and the only -- in the nation to reject a state initiative legalizing medical marijuana, defeating it by a margin of 52% to 48%.

Congress: Bill to Do Top-to-Bottom Review of Criminal Justice System, Drug War Passes Senate Judiciary Committee

The Senate Judiciary Committee Thursday approved Sen. Jim Webb's (D-VA) National Criminal Justice Commission Act of 2009 on a unanimous voice vote Thursday.

Why is DEA Condemning Efforts to Prevent Heroin Deaths?


There are many ways for drug warriors to sound heartless and cruel in the drug policy debate, but one of the worst is certainly the objection to life-saving harm reduction programs. Just watch this DEA spokesman complain about efforts to reduce HIV infection in New York:



Harm reduction is a matter of public health for everyone, not just drug users. To frame this as a simple question of whether we should be "teaching people how to do drugs" is powerfully shortsighted and oblivious to the actual risks that drug policy should seek to address.

It's incredible that these drug warriors spend so much time warring against imaginary and exaggerated drug threats, while simultaneously opposing sensible approaches in those areas where legitimate health concerns do exist.

Afghanistan: US Anti-Drug Strategy Lacking, State Department Report Finds

The US counternarcotics mission in Afghanistan, a key element in Western efforts to defeat the Taliban, is short on long-term strategy, clear objectives, and a plan to hand over responsibility to A

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

As 2009 prepares to become history, we look back at the past year's domestic drug policy developments.

Search and Seizure: Ohio Supreme Court Rules Police Need Warrant to Search Cell Phones

The Ohio Supreme Court ruled Tuesday that police officers must obtain a search warrant before reviewing the contents of a suspect's cell phone unless their safety is in danger.

West Coast Weed Wars: Legalizing Legislators Come Out Swinging

Two leading advocates of marijuana legalization at the statehouse came out swinging during a Thursday press conference to push the issue forward.

Medical Marijuana: Congress Finally Lets District of Columbia Go for It

Eleven years after District of Columbia voters approved a medical marijuana initiative with 69% of the vote, Congress has finally stepped aside and will allow DC to implement the will of the people

Another Crazy Medical Marijuana Lie From the Drug Czar

Our friends at MPP just caught the drug czar literally editing out the most important part of the American Medical Association's new position on medical marijuana. According to a new ONDCP "factsheet":

The American Medical Association: "To help facilitate scientific research and the development of cannabionoid-based medicines, the AMA adopted (a) new policy … This should not be viewed as an endorsement of state-based medical cannabis programs, the legalization of marijuana, or that scientific evidence on the therapeutic use of cannabis meets the current standards for a prescription drug product."

Notice how it doesn't say what the "new policy…" actually is? That's because the original quote says, "the AMA adopted new policy urging the federal government to review marijuana’s status as a Schedule I substance." Leaving that part out isn't just confusing and dishonest; it looks ridiculous.

If it's now ok to use ellipses to pervert policy positions, maybe I'll just take AMA's statement and do this with it:

"This should…be viewed as an endorsement of state-based medical cannabis programs, the legalization of marijuana, [and] that scientific evidence on the therapeutic use of cannabis meets the current standards for a prescription drug product."

Yeah, I like the sound of that. But I'm not going to print it on a "factsheet," because it's not true.

As accustomed as I am to seeing the drug czar's office routinely deploying these sorts of sleazy semantic deceptions, I'm genuinely awed by this one. They buried the lead so blatantly that anyone who reads it ought to just end up wondering what the hell AMA's "new policy" on medical marijuana actually is. And once Google answers that question in a half-second, you might as well have just told the truth or scrubbed AMA off the site altogether like I suggested weeks ago.

Search and Seizure: Ohio Supreme Court Rules Police Need Warrant to Search Cell Phones

The Ohio Supreme Court ruled Tuesday that police officers must obtain a search warrant before reviewing the contents of a suspect’s cell phone unless their safety is in danger. The ruling came on a narrow 5-4 vote of the justices.

The ruling came in State v. Smith, in which Antwaun Smith was arrested on drug charges after answering a cell phone call from a crack cocaine user acting as a police informant. When Smith was arrested, officers took his cell phone and searched it without his consent or a search warrant. Smith was charged with cocaine possession, cocaine trafficking, tampering with evidence and two counts of possession of criminal tools.

At trial, Smith argued that evidence derived through the cell phone search should be thrown out because the search violated the Fourth Amendment ban on unreasonable searches and seizures. But the trial judge, citing a 2007 federal court ruling that found a cell phone is similar to a closed container found on a defendant and thus subject to warrantless search, admitted the evidence. Smith was subsequently convicted on all charges and sentenced to 12 years in prison.

Smith appealed, but lost on a 2-1 vote in the appeals court. In that decision, the dissenting judge cited a different federal court case that found that a cell phone is not a container.

In the majority opinion Tuesday, state Supreme Court Justice Judith Ann Lanzinger wrote that the court did not agree with the appeals court and trial judge that a cell phone was a closed container. "We do not agree with this comparison, which ignores the unique nature of cell phones," Lanzinger wrote. "Objects falling under the banner of 'closed container' have traditionally been physical objects capable of holding other physical objects. ... Even the more basic models of modern cell phones are capable of storing a wealth of digitized information wholly unlike any physical object found within a closed container."

"People keep their e-mail, text messages, personal and work schedules, pictures, and so much more on their cell phones," Craig Jaquith, Smith's attorney, said in a statement. "I can't imagine that any cell phone user in Ohio would want the police to have access to that sort of personal information without a warrant. Today, the Ohio Supreme Court properly brought the Fourth Amendment into the 21st century."

But Greene County prosecutor Stephen Haller complained to the Associated Press that the high court had gone too far. "I'm disappointed with this razor-thin decision," Haller said. "The majority here has announced this broad, sweeping new Fourth Amendment rule that basically is at odds with decisions of other courts."

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