David Borden
recent blog posts by David Borden:
Our Side: San Diego ASA Protests State Narcs Lobby Awards
Posted in Chronicle Blog by David Borden on Fri, 10/23/2009 - 3:09pmSan Diego's ASA chapter protested outside the California Narcotics Officers Association awards ceremony this week. As well they should -- CNOA is a statewide drug police union that has a nasty habit of publishing some of the most warped propaganda about the drug war I've seen.
Larger copies of the protest photos, and more of them, online here.
Heroin Maintenance Comes to Denmark
Posted in Chronicle Blog by David Borden on Fri, 10/23/2009 - 2:49pmHeroin maintenance is coming to Denmark. And it's about time -- how about here too? The evidence is in, and it's only ideology that stands in the way of saving lives that now are being needlessly lost.
In the meanwhile, watch the video from the Hungarian Civil Liberties Union and the Danish Street Lawyers about the new program:
Nice Article on Wisconsin's Medical Marijuana Bill and the Movement Supporting It
Posted in Chronicle Blog by David Borden on Fri, 10/23/2009 - 2:43pmThe Jacki Rickert Medical Marijuana Act, a bill named after a well-known Wisconsin medical marijuana patient and activist, was mentioned here last week. Check out another article about from two days ago in the Express Milwaukee newspaper, Medical Marijuana Advocates Won't Wait.
Good article -- and good title, why should they have to wait?
Washington Post Story on Crack Sentencing Bill
Posted in Chronicle Blog by David Borden on Fri, 10/16/2009 - 2:16pmCarrie Johnson at the Washington Post has written a nice story on the Durbin bill to reduce federal crack cocaine penalties to the level of powder cocaine penalties. It quotes my colleagues Jasmine Tyler of Drug Policy Alliance (known inside the Beltway as "Jazz") and Julie Stewart of Families Against Mandatory Minimums (FAMM), the sentencing reform group that has led the fight to end mandatory minimums since the early '90s.
I have a minor nitpick with the article, which is that it presents the issue as having civil rights and justice reform advocates and some politicos on one side, with law enforcement on the other, quoting a spokesperson for the Fraternal Order of Police saying that in the past their members have favored raising powder cocaine penalties instead. While the article doesn't say that all law enforcement is against reducing the penalties, it does fail to mention that there is also law enforcement support for lowering penalties. The press release from Sen. Durbin announcing the bill cites Los Angeles police chief William Bratton, Miami police chief John Timoney, and the National Black Police Association.
I also have to comment on some of the comments I saw by Post readers. Most of the commenters were in support of reducing penalties as the bill does. But a few characterized it as "stupid," saying it would allow people to go on selling crack in inner city black communities, and thereby hurting those communities. As usual, it's the people throwing around words like "stupid" who've done the least thinking about the issue. If they had in fact stopped to think, they would realize that: 1) possession sentences are getting adjusted by this bill, helping people now going to prison for years for just for possessing tiny quantities of crack; and that: (2) incarcerating a drug dealer just creates a job opportunity for another dealer. Often the new would-be dealers fight it out over the old dealer's turf, hurting the community much much more.
Oakland Cannabis Tax on Lehrer News Hour Last Night
Posted in Chronicle Blog by David Borden on Thu, 10/15/2009 - 4:53pmOakland's new cannabis tax was highlighted on the PBS Lehrer News Hour report last night. The tax, counterintuitively, was supported by members of the Oakland medical marijuana community who are now subject to it -- an effective demonstration of the value the quasi-legal marijuana trade has for the Oakland community as a whole, at least that's the idea.
I haven't had a chance to review the footage yet -- talk amongst yourselves. Favorable, neutral or otherwise, it's very much a sign of the times.
Senators Sponsor Bill to Lower Crack Cocaine Penalties
Posted in Chronicle Blog by David Borden on Thu, 10/15/2009 - 4:00pmUpdate: There's video footage from C-Span2 of a Tuesday Congressional briefing on this issue by the Crack the Disparity coalition, online here. First speaker, Chief of NAACP DC Bureau Hilary Shelton.
In July we reported that a bill in the House of Representatives, the Fairness in Cocaine Sentencing Act Fair Sentencing Act of 2009, had passed the full Judiciary Committee. Today Sen. Dick Durbin (D-IL) introduced a Senate version of the bill. There's no bill number yet, but we'll post back with it when available. Click here to read the Durbin office's press release.
The Fairness in Cocaine Sentencing Act Fair Sentencing Act would increase the quantities of crack cocaine that are needed to trigger certain mandatory minimum sentences. Currently one can receive a five-year mandatory minimum prison term for possession of just five grams of crack cocaine, vs. 500 grams of powder cocaine needed for the same sentence, for example. Passage of the Act will mean that it would take 500 grams of crack to trigger the mandatory.
In addition to Durbin, seven other Judiciary Committee members are original cosponsors: Judiciary Committee Chairman Pat Leahy (D-VT), Judiciary Committee Members Arlen Specter (D-PA), Feingold (D-WI), Cardin (D-MD), Whitehouse (D-RI), Kaufman (D-DE) and Franken (D-MN). Two other senators, John Kerry (D-MA) and Chris Dodd (D-CT) are also original cosponsors. While these are all Democrats, some conservative Republican senators had indicated they were likely to or were considering also supporting it. We'll see what happens.
We were one of many organizations signing a letter to the Hill supporting this reform. Groups cited in the press release as supporting the bill include the American Bar Association, the Leadership Conference on Civil Rights, the National Black Police Association, and the United Methodist Church. The release also cites as supporters LA and Miami police chiefs Bill Bratton and John Timoney, and US Attorney General Eric Holder.
All of these sentences should be repealed, of course, but in the meanwhile the Fairness in Cocaine Sentencing Act Fair Sentencing Act will help a lot of people to avoid some terribly long prison terms. Crack sentencing has been an injustice since the laws were passed in the mid-'80s, and a political issue since at least the early '90s when I started tuning in, so it's taken awhile to get to this point. It is looking pretty good for this to finally happen, but we can't take anything for granted. Look for an action alert sometime next week after there's a bill number.
Busy Night on the Medical Marijuana Front
Posted in Chronicle Blog by David Borden on Fri, 10/09/2009 - 1:25amSome people think that Drug War Chronicle should be called the "Bad News Chronicle" or the "Chronicle of Misfortunes" instead. Though it's been noted that there's a lot more good news these days than there used to be -- this week's issue does have some good news -- so be sure to read it!
Two late-breaking items came in after we wrapped up the issue -- neither of them good:
Los Angeles County's district attorney says they're going to start prosecuting dispensaries -- starting with Organica. Their legal basis is a ruling last year by the state supreme court.
And, indictments have started in San Diego, after the mass raids last month.
Regarding LA, I don't know a lot of the dispensary operators down there -- there are so many -- but Organica is one of the very few where I do happen to know some of the people involved. They are activists and stalwarts for the cause, and they deserve less than almost anyone for this to happen to them. The luck of the draw is coldly neutral, I guess -- not that I would wish a drug war prosecution on anyone. Let us continue to hope for the best...
1000 Feet from Everywhere
Posted in Chronicle Blog by David Borden on Thu, 10/08/2009 - 8:27pmOne of the articles we are finalizing for publication in Drug War Chronicle tonight deals with needle exchange, and the state of legislation in Congress to end the ban on use by states of federal AIDS funds to support needle exchange programs. A bill has passed the House of Representatives -- good news -- but it includes a provision that would render it nearly useless. This provision would require that needle exchange programs receiving federal funds not operate "within 1,000 feet of a public or private day care center, elementary school, vocational school, secondary school, college, junior college, or university, or any public swimming pool, park, playground, video arcade, or youth center, or an event sponsored by any such entity."
I'm not sure how any program could track where all the different such entities decide to hold events. More importantly, the rule would basically prevent needle exchanges from operating at all, because the area encompassed is pretty much everywhere inside any city.
Dr. Russell Barbour, at Yale School of Medicine's Center for Interdisciplinary Research on AIDS, has produced several charts that advocates are using now on the Hill, illustrating the impact the provision would have on AIDS prevention efforts in Chicago and San Francisco. He graciously provided them to us. Check them out here:

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Hearings on Massachusetts "Tax and Regulate" Bill in Boston Next Week
Posted in Chronicle Blog by David Borden on Thu, 10/08/2009 - 3:51pmOn Wednesday, October 14, 2009, at 10:00am in Room B2 at the State House in Boston, the Joint Committee on Revenue in the Massachusetts legislature will hold a public hearing on bill H. 2929, An Act to Regulate and Tax the Cannabis Industry. If passed, the new law would repeal existing marijuana prohibition laws at the state level and replace them with a system of regulation and taxation, similar to how wine is sold. The law, in fact, is largely modeled after the alcohol control laws.
According to Northampton attorney Richard M. Evans, a former DRCNet board member and the petitioner whose Representative presented the bill, Wednesday will mark the first time a state legislature has considered a full legalization bill. The moment is also propitious because Massachusetts this year implemented its new, voter-enacted decriminalization law, and because Gov. Deval Patrick, while not prioritizing it, is on the record as being very comfortable with the idea of legalizing marijuana.
So while we don't expect that H. 2929 will be enacted this year, it is a rare and important opportunity to forward the debate on alternatives to prohibition. And you can help: by showing up Wednesday if you can; by spreading the word and getting others to come out; by suggesting to your local newspaper that they cover the hearing; and by contacting your state legislators to express your support for H. 2929. Directions to the State House are available here.
Please let us know what you're able to do to support H. 2929, and visit http://www.cantaxreg.com for further information about it. Visit http://www.masscann.org to find out about extensive activist opportunities in Massachusetts.
New York Rockefeller Drug Law Reforms Go Into Effect Today
Posted in Chronicle Blog by David Borden on Wed, 10/07/2009 - 11:50amOkay, everybody stop, take a breath. Perhaps smile. Reforms to New York state's draconian Rockefeller drug laws have gone into effect today. State authorities have identified about 1,100 inmates who are eligible to apply for resentencing now -- I've also seen the figure 1,500 cited. The Legal Aid Society is already working with 270 of them.
It isn't nearly enough. Our article published just before the legislation passed last April outlines some of its deficiencies. If all of those 1,100 gain earlier release than they would have gotten, that will leave another 13,000, and resentencing doesn't mean they'll all get out right away. Of course, the limited scope of the reforms passed by the legislature didn't stop prosecutors from trying to block their implementation. But they failed.
This is the second time the legislature has modified the Rockefeller laws -- the first time was in 2004 -- and yet most of the work still lies ahead of us. But 1,100 people, potentially, will have their lives transformed, and another chink has been made in the drug war wall of injustice.
To once again make use of a Churchill quote that drug reformers have used before: "Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning."
In the meanwhile, watch this video:










