The Drug War Chronicle has written several times about the trials and tribulations of medical marijuana patient Will Foster, who is currently sitting in once again in an Oklahoma prison, jerked back from the new life he had made in California by a vindictive and corner-cutting Oklahoma parole bureaucracy.

But while Foster certainly appears to have been the victim of vengeful parole department employees, who charged him with ficticious parole violations--causing him to be locked up in a California jail for 16 months before being extradited back to Oklahoma--the parole board itself has done the right thing. In a hearing last week, the board rejected the charges against Foster and recommended he be released.

But there's one more step. Under Oklahoma law, the governor signs off on all parole board decisions. This is where you can help. There is still time to write or call the governor to encourage him to follow the parole system's recommendation and FREE WILL FOSTER. Please ask that Will be given time served and set free to return to his family in California.

Please call Gov. Brad Henry's office at 405-521-2342

Or fax a letter to 405-521-3353.

Make sure you identify Will as Will Foster, #25271. The argument is simple: Will Foster is a non-violent offender who has served enough time and plans to leave the state to settle in California. Keeping him in prison or on parole in Oklahoma serves neither justice nor public safety and is not worth Oklahoma taxpayers' money.

Read the link above to get informed before you call or write if you need to. Be polite and to the point. Will Foster, who never did anything to anybody, has been in the clutches of Oklahoma justice for 15 years for growing some plants to ease his pains. He's almost free. You can help open that prison door. Do it.

Voters in Maine Tuesday approved Question 5, which will allow the state to license nonprofit organizations to operate medical marijuana dispensaries for qualified patients. In early returns with nearly half the vote tallied, the measure was winning easily, with 60% of the vote.

Maine thus becomes the third state to create a system of state-licensed dispensaries, and the first one to do so by a direct vote. Only Rhode Island and New Mexico have similar dispensary provisions.

"This is a dramatic step forward, the first time that any state’s voters have authorized the state government to license medical marijuana dispensaries," said Rob Kampia, executive director of the Marijuana Policy Project in Washington, DC, which drafted the initiative and provided start-up funding for the campaign. "Coming a decade after passage of Maine’s original marijuana law, this is a huge sign that voters are comfortable with these laws, and also a sign that the recent change of policy from the Obama administration is having a major impact."

MPP local affiliate Maine Citizens for Patients' Rights led the fight on the ground.

Question 5 also expands the list of medical conditions qualifying for protection under Maine’s law to include several conditions that are included in most other medical marijuana states, including intractable pain, agitation of Alzheimer’s disease, and amyotrophic lateral sclerosis ("Lou Gehrig’s disease").

Look for a feature article on the Maine victory and the push for state-licensed dispensaries in the Chronicle on Friday.

Residents of the Colorado ski town of Breckenridge overwhelmingly voted to legalize the possession of small amounts of marijuana Tuesday. Early returns had the local measure passing with 72% of the vote.

That means as of January 1, people in Breckenridge can legally possess up to an ounce of marijuana under local ordinance. The measure also legalizes the possession of marijuana paraphernalia.

"This votes demonstrates that Breckenridge citizens overwhelmingly believe that adults should not be punished for making the safer choice to use marijuana instead of alcohol," said Sean McAllister, Breckenridge attorney and chair of Sensible Breckenridge, a local project of the statewide marijuana law reform group Sensible Colorado.

"As state and national focus grows on this important issue, the popular ski town of Breckenridge has taken center stage on marijuana reform-- and not just for medical purposes," said Brian Vicente of Sensible Colorado. "With this historic vote, Breckenridge has emerged as a national leader in sensible drug policy"

The campaign, which had no formal opposition, received a chorus of local support including endorsements from Breckenridge Town Councilman Jeffrey Bergeron, former. Colorado State Representative and Breckenridge resident, Gary Lindstrom, and the Summit Daily News.

Measure 2F was placed on the ballot when over 1400 local supporters signed a petition supporting the reform measure.

Under Colorado state law, possession of up to an ounce is decriminalized and punishable by a $100 fine. But Breckenridge police will "still have the ability to exercise discretion," said Chief Rick Holman. “It's never been something that we've spent a lot of time on, so I don't expect this to be a big change in how we really do business,” he told the Summit Daily News.

Breckenridge residents had voted for Amendment 44, a statewide legalization initiative, by the same percentage in 2006. That initiative won only 41% of the vote statewide.

Denver became the first city to vote to legalize marijuana possession under municipal ordinance in 2005.

The British Labor government has created a firestorm of controversy with its firing of Professor David Nutt, head of the Advisory Committee on the Misuse of Drugs (ACMD) last Friday. Nutt was canned by Home Secretary Alan Johnson after the psychopharmacologist again went public with his criticism of the government for refusing to follow a science- and evidence-based drug policy.

As of today, after a weekend of furious back and forth in dozens of newspaper articles, two more members of the ACMD have resigned in protest over the firing, and a mass resignation of the 31-member body may come after a meeting next Monday. Johnson told parliament Monday that he had agreed to a request from the ACMD for an urgent meeting, but he also told parliament he had ordered a review of the ACMD to satisfy ministers that the panel is "discharging its functions" and that it still represents a value to the public.

The ACMD's charge is to "make recommendations to government on the control of dangerous or otherwise harmful drugs, including classification and scheduling under the Misuse of Drugs Act 1971 and its regulations," its web page explains. "It considers any substance which is being or appears to be misused and of which is having or appears to be capable of having harmful effects sufficient to cause a social problem. It also carries out in-depth inquiries into aspects of drug use that are causing particular concern in the UK, with the aim of producing considered reports that will be helpful to policy makers and practitioners."

Tensions between the ACMD and the Labor government began rising after the government up-scheduled marijuana from a Class C drug (least harmful) back to Class B, where it had been prior to being down-scheduled in 2004. The Labor government ignored the ACMD's recommendation that marijuana remain Class C. Things only got worse when the ACMD recommended that Ecstasy be down-scheduled from Class A (most harmful) to Class B, and the government promptly ignored that advice.

At that point, Nutt went public with his criticisms of then Home Secretary Jacqui Smith. He also famously compared the dangers of Ecstasy to those of horse-riding, deeply offending both the horsey set and the Labor government. Smith told Nutt to shut up, and he managed to do so until last week.

Last week, in a lecture and briefing paper at the Center for Crime and Justice Studies at King's College London, Nutt accused Smith of "distorting and devaluing" scientific evidence when she decided to reclassify marijuana. He also said that Ecstasy and LSD are less dangerous than alcohol and tobacco.

"We have to accept young people like to experiment – with drugs and other potentially harmful activities – and what we should be doing in all of this is to protect them from harm at this stage of their lives," he said. "We therefore have to provide more accurate and credible information. If you think that scaring kids will stop them using, you are probably wrong.”

Nutt's briefing paper included a ranking of various licit and illicit drugs by comparative harm. Heroin and cocaine were ranked the most harmful in Nutt's scheme, with alcohol fifth, marijuana ninth, LSD fourteenth, and Ecstasy eighteenth.

"We need a full and open discussion of the evidence and a mature debate about what the drug laws are for — and whether they are doing their job," Nutt said.

That was too much for Home Minister Alan Johnson. He told parliament Monday that Smith had warned Nutt not to publicly disagree with ministry decisions again. "Well, it has happened again," said Johnson. "On Thursday October 29 Professor Nutt chose, without prior notification to my department, to initiate a debate on drug policy in the national media, returning to the February decisions, and accusing my predecessor or distorting and devaluing scientific research. As a result, I have lost confidence in Professor Nutt's ability to be my principal adviser on drugs."

Prime Minister Gordon Brown is standing behind Johnson. An official spokesman said the firing was based on the "important principle" that advisers should present advice to ministers but not speak out against their policy decisions. "It would be regrettable if there were other resignations, but this is an important point of principle," the spokesman added. "The government is absolutely committed to the importance of having independent advice and evidence presented by advisory bodies."

Nutt defended himself and attacked the government in a London Sunday times opinion piece. "My sacking has cast a huge shadow over the relationship of science to policy," he wrote. "Several of the science experts from the Advisory Council on the Misuse of Drugs (ACMD) have resigned in protest and it seems likely that many others will follow suit. This means the Home Office no longer has a functioning advisory group, which is very unfortunate given the ever-increasing problems of drugs and the emergence of new ones. Also it seems unlikely that any 'true' scientist — one who can only speak the truth — will be able to work for this, or future, Home Secretaries.

One of the ACMD members who resigned, chemist Les King, said ministers were putting inappropriate pressure on scientists to make drug policy decisions based on political—not scientific—reasons. "It's being asked to rubber stamp a predetermined position," he said, warning that others could leave the council over the brouhaha. "If sufficient members do resign, the committee will no longer be able to operate," King said.

Scientist and Labor MP Robert Winston said Nutt had a "very reasonable" point about the relative dangers of legal and illegal drugs, and that he was disappointed by the firing. "I think that if governments appoint expert advice they shouldn't dismiss it so lightly," he said. "I think it shows a rather poor understanding of the value of science."

Reuters reported Saturday that the firing is causing consternation in scientific circles. Scientists told the news agency the decision could undermine the integrity of science in policy-making, including critical areas like health, the environment, education, and defense.

"Scientific data and their independent interpretation underpin evidence-based policy making -- and nobody rational could possibly want a government based on any other type of policy making," said Chris Higgins, chair of an advisory committee on spongiform encephalopathy, or "mad cow" disease.

Maurice Elphick, a professor of animal physiology and neuroscience at Queen Mary, University of London, said politicians should look elsewhere if they wanted data to back social policies and allow science to maintain objectivity. "If, however, politicians really do want to have an objective assessment of the relative risks to health of different recreational drugs, then they should listen to what the medical scientist has to say, not sack him." he said.

The Labor government has picked a fight with science. It's unclear how this will all play out, but Labor doesn't seem to be doing itself any favors so far.

Wednesday was a historic day at the California state capitol. For the first time since the state banned marijuana in 1913, marijuana legalization was the topic of a hearing in the state legislature. The hearing was organized by Assemblyman Tom Ammiano (D-San Francisco), head of the Assembly's Public Safety Committee, to discuss his marijuana legalization bill, AB 390.

For three hours, proponents and opponents of reform clashed before an overflowing hearing room--the hearing was so popular capitol employees had to add a monitor in the hallway for those who couldn't get into the session. Both supporters and foes of legalization were well represented, and they mostly followed their predictable scripts. To this observer, law enforcement's dire warnings and objections sounded increasingly threadbare and shopworn and the arguments of legalizers especially compelling, but then, I agree with the legalizers.

I think what is important about Wednesday's hearing is not so much what was said--we've heard it all before, on both sides--as where it was said and in what context. Just a few days ago, they were talking legalization at the statehouse in Boston; now, they're doing it at the statehouse in Sacramento. Nobody expects the California bill to pass this year, but the fact that legalization is finally getting a serious hearing is a sign of progress.

I'll be reporting on the hearing and the preceding press conference in more detail later this week for the Drug War Chronicle. Check out the article on Friday.

by Bernd Debussman Jr.

Mexican drug trafficking organizations make billions each year trafficking illegal drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed over 12,000 people, with a death toll of over 5,800 so far in 2009. The increasing militarization of the drug war and the arrest of several high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:

Friday , October 16

In Michoacan, three bodies were found , all with messages attached. The messages were directed at the Zetas organization, and appear to have been from La Familia. La Familia was once part of the Zetas organization, but the two groups have been fierce rivals since the group split from the Gulf Cartel (and the Zetas) in 2006. In other parts of Mexico, two men were assassinated in Tijuana, and a boy who was jogging was killed after being caught in a firefight between gunmen and the army in Tamaulipas. Five people were murdered in Culiacan, Sinaloa, three in Hermosillo, Sonora, one in Durango, and six in the Ciudad Juarez area.

Saturday , October 17

In Tijuana, the nude, mutilated body of a man was found hanging from an expressway overpass. It is the second such discovery found in the last two weeks. Local news outlets reported that the man’s tongue had been cut out, which suggests that drug traffickers suspected he was an informant. Additionally, a gun battle between police and drug traffickers left one police officer dead and two wounded. A suspected cartel member was also killed in the incident. Police recovered five assault rifles and vests with federal insignia from several vehicles used by the gunmen. The day before, the the decapitated body of a woman whose hands and feet had been bound were found in a different part of the city.

Monday , October 19

Two people were killed after being ambushed by a group of heavily armed gunmen in Guerrero. One of the dead was a policeman, and the other was a civilian who was riding a bus that was caught in the crossfire. Additionally, five bodies showing signs of torture were recovered from various parts of Acapulco. Attached to each of them were notes threatening “kidnappers, thieves and traitors” and signed by Arturo Beltran-Leyva, the boss of the Beltran-Leyva cartel. 18 people were killed in drug-related killings in Ciudad Juarez. At least 21 other drug-related homicides were reported in Mexico, including nine beheaded bodies found in Tierra Caliente.

Tuesday , October 20

In Guerrero, at least three banners were found which threatened police and Genaro Garcia Luna, the Secretary of Public Safety. The signs were signed by what appears to be a new, Guerrero branch of the “La Familia” cartel which is based in Michoacan. The signs also accused Garcia Luna of protecting the Beltran-Leyva cartel and the allied Zetas organization. In another part of Guerrero, the body of a bus driver was found by the side of the road, and showed signs of torture. A second body was found near Acapulco.

Near the city of Ciudad Mante, police arrested a man who had 107 kilos of marijuana in a hidden compartment of his pick-up truck.

Wednesday , October 21

A suspected member of the Juarez Cartel was added to the FBI’s ten most wanted list. Eduardo "Tablas" Ravelo, 41, is allegedly a high-ranking member of the Barrio Azteca gang. In exchange for a steady supply of narcotics, Barrio Azteca performs enforcement tasks for the cartel on both sides of the border, and can effectively be considered part of the Juarez cartel which operates on American soil. Ravelo is suspected of ordering the killing of another high-ranking gang member, David "Chicho" Meraz, during an internal power struggle. Meraz was killed in Ciudad Juarez last year. Ravelo is reportedly hiding in Juarez under the protection of the cartel.
Earlier in the week, another man with suspected cartel connections was also added to the FBI’s ten most wanted list. Jose Luis Saenz, of Los Angeles, is suspected of killing at least four people (including his girlfriend) and is allegedly an enforcer for an unnamed Mexican drug trafficking organization. In October 2008 he shot and killed another gang member in LA County who apparently owed $620,000 to the cartel.

Across Mexico, 40 drug-related homicides were reported in a 24-hour period, bringing the 2009 total to over 6,000. Thirteen of these were in Chihuahua, and of these, nine were in Ciudad Juarez. According to a running tally by El Universal, 1,000 people were killed in drug-related violence in Mexico in the last 40 days. The previous 1,000 had been killed over 41 days, and the 1,000 before that in 44 days. Since August 1st, an average of 24 homicides were reported daily, approximately one every hour. One out of every three drug-related homicides was in Ciudad Juarez. Much of the violence is due to the conflict being fought by the Sinaloa Federation and the Juarez cartel over control of the Ciudad Juarez-El Paso drug trafficking corridor.

Total body count for the week: 113
Total body count for the year: 5,928

Read the last Mexico Drug War Update here.

In a meeting in Bangkok last weekend, more than two dozen drug users from nine different countries came together to put the finishing touches on the creation of a new drug user advocacy organization, the Asian Network of People who Use Drugs (ANPUD). The Bangkok meeting was the culmination of a two-year process began at a meeting of the International Congress on AIDS in Asia and the Pacific in Colombo, Sri Lanka, in 2007, and resulted in creating a constitution and selecting a steering committee for the new group.

ANPUD adopts the principles of MIPUD (Meaningful Involvement of People who Use Drugs), and in doing so, aligns itself with other drug user advocacy groups, including the International Network of People who Use Drugs (INPUD), of which ANPUD is an independent affiliate, the Australian Injection and Illicit Drug Users League (AIVL),the Vancouver Area Network of Drug Users, and the Nothing About Us Without Us movement.

ANPUD currently has more than 150 members and sees its mission to advocate for the rights of drug users and communities before national governments and the international community. There is plenty to do. Asia has the largest number of drug users in the world, but is, for the most part, woefully retrograde on drug policy issues. Not only do drug users face harsh criminal sanctions—up to and including the death penalty—but Asian has the lowest coverage of harm reduction services in the world. Access to harm reduction programs, such as needle exchanges and opioid maintenance therapy, is extremely limited.

"People who use drugs are stigmatized, criminalized and abused in every country in Asia," said Jimmy Dorabjee, a key figure in the formation of ANPUD. "Our human rights are violated and we have little in the way of health services to stay alive. If governments do not see people who use drugs, hear us and talk to us, they will continue to ignore us."

The Director of the UNAIDS Regional Support Team, Dr. Prasada Rao, spoke of the urgent need to engage with drug user networks and offered his support to ANPUD, saying that "For UNAIDS, HIV prevention among drug users is a key priority at the global level," said Dr. Prasada Rao, director of the UNAIDS Regional Support Team. "I am very pleased today to be here to see ANPUD being shaped into an organization that will play a key role in Asia's HIV response. It is critical that we are able to more effectively involve the voices of Asian people who use drugs in the scaling up of HIV prevention services across Asia."

"When I go back home, I am now responsible for sharing the experiences with the 250 or so drug users who are actively advocating for better services at the national level," said Nepalese drug user and newly elected steering committee member Ekta Thapa Mahat. "It will be a great way for us to work together and help build the capacity of people who use drugs in Asia."

"The results of the meeting exceeded my expectations," said Ele Morrison, program manager for AVIL's Regional Partnership Project. "The participants set ambitious goals for themselves and they have achieved a lot in just two days to set up this new organization. The building blocks for genuine ownership by people who use drugs is definitely there."

While the meetings leading to the formation were organized and managed by drug users, the process received financial support from the World Health Organization, the UNAIDS Regional Task Force, and AIVL.

Southwest Asia: Afghan Opium Trade Wreaking Global Havoc, UNODC Warns

The UN Office on Drugs and Crime (UNODC) warned Wednesday that the traffic in Afghan opiates is spreading drug use and addiction along smuggling routes, spreading diseases, and funding insurgencies. The warning came in a new report, Addiction, Crime, and Insurgency: The Threat of Afghan Opium. "The Afghan opiate trade fuels consumption and addiction in countries along drug trafficking routes before reaching the main consumer markets in Europe (estimated at 3.1 million heroin users), contributing to the spread of HIV/AIDS and other blood-borne diseases," the report said.

Neighboring countries, especially Iran, Pakistan, and the Central Asian republics, are among the hardest hit, said UNODC. According to the report, Iran now has the highest opiate addiction rates in the world. "Iran faces the world's most serious opiate addiction problem, while injecting drug use in Central Asia is causing an HIV epidemic," UNODC said.

But the impact of the multi-billion flow of Afghan opiates could have an especially deleterious impact on Central Asia, UNODC chief Antonio Maria Costa warned in remarks accompanying the report. "The Silk Route, turned into a heroin route, is carving out a path of death and violence through one of the world's most strategic yet volatile regions," Costa said. "The perfect storm of drugs, crime and insurgency that has swirled around the Afghanistan/Pakistan border for years is heading for Central Asia."

In Pakistan and Afghanistan, the opium trade is funding violent radicals. "The funds generated from the drugs trade can pay for soldiers, weapons and protection, and are an important source of patronage," the report said. In Afghanistan, the Taliban generated between $90 million and $160 million annually in recent years, the UNODC estimated. In Pakistan, the UNODC estimated the trade at $1 billion annually, with "undetermined amounts going to insurgents."

Although Afghan opium production declined slightly last year, the country is producing—and has produced—more opium needed than to meet global supply. As a result, the UNODC estimates that there is an unaccounted for stockpile of 12,000 tons of opium—enough to satisfy every junkie on the planet for the next three to four years. "Thus, even if opiate production in Afghanistan were to cease immediately, there would still be ample supply," the report said.

Unsurprisingly, the UNODC report did not address the role that global drug prohibition plays in exacerbating problems related to opiate use and the opiate trade. Prohibitionist attitudes restrict the availability of harm reduction programs, such as needle exchanges, that could reduce the spread of blood-borne diseases. And it is global drug prohibition itself that creates the lucrative black market the UNODC says is financing insurgencies and spreading political instability.

Public Opinion: In Gallup Poll, Support for Legalizing Reaches All-Time High; Over 50% in the West Are in Favor

According to the most recent Gallup poll, 44% of Americans favor legalizing marijuana, while 54% oppose it. The 44% figure is the highest since Gallup began polling on the issue nearly 40 years ago.

In 1970, only 12% of respondents favored legalization. That figure climbed to 28% in 1977, then declined slightly and reached a plateau with support holding at around 25% for the next two decades. But in the past decade, public opinion has begun to shift, with support hitting 34% in 2002, 36% in 2006, and now, 44%.

Conversely, opposition to legalization is now at an all-time low. It was 84% in 1970, 66% in 1977, and around 73% for most of the Reagan, Bush I, and Clinton eras. But beginning in about 1996, opposition began to decline, dropping to 62% in 2002, 60% in 2006, and now, 54%.

A related question—whether marijuana should be legalized and taxed to raise revenues for state governments—won similar support levels in the Gallup poll. Some 42% of respondents said they would favor such a move in their state, while 56% were opposed. In the West, however, support for tax and legalize has gone over the top; 53% favor such an approach.

Looking at various demographic groups, support for marijuana legalization is highest among self-described liberals, at 78%. Only 26% of conservatives and 46% of moderates supported legalization. Similarly, 54% of Democrats, 49% of independents, and 28% of Republicans supported legalization.

There is also a clear generational divide. Half of those under age 50 support legalization, compared to 45% aged 50 to 64, and only 28% of seniors.

Support for legalization has swollen among certain demographic groups since the last Gallup poll on the issue in 2005. The number in favor of legalization jumped more than 10 points among women (+12), young people (+11), Democrats (+13), liberals (+15), moderates (+11), and residents of the West (+13).

If these rates of increase in support for legalization continue over the medium term, the world as we know may indeed end in 2012.

Latin America: Mexico Ex-President Fox Lashes Out at President Calderon Over Drug War

For years, former Mexican President Vicente Fox has suggested that drug legalization needs to be on the agenda when discussing how to resolve prohibition-related problems like the wave of violence plaguing Mexico. Now, he's getting personal and political, as he attacks sitting President Felipe Calderon for what Fox is describing as a "failed" effort to send the military after the so-called drug cartels.

Fox and Calderon are both members of the conservate National Action Party (PAN), and Calderon replaced Fox in the Mexican presidency in December 2006. With Mexico already stricken by violent conflict among the cartels and between the cartels and Mexican law enforcement, Calderon called out the military to join the fray, but matters have only gotten worse. An estimated 14,000 people have been killed in the conflicts since Calderon sent in the soldiers, with 2,000 being killed in one city—Ciudad Juarez—this year alone.

Addressing reporters at the annual conference of the conservative European Popular Party in Vienna last weekend, Fox said Calderon's efforts against the cartels had gone astray and the military should return to the barracks. "The use of army in the fight against drug mafia and organized crime, the use of force against force gave no positive results. On the contrary, the number of crimes only grows," Fox told journalists on Saturday. "It's time to think of alternative ways to fight the crime," Fox said, adding that police and governments of Mexican states should be charged with anti-drug efforts on their territory, instead of federal forces.

Not that Fox himself had much better luck against the cartels, nor was he averse to using the military. While Fox was president between 2000 and 2006, he deployed troops to Sonora, Chihuahua, Tamaulipas, and other states, especially after 2003, when violence began escalating. By 2005, nearly 1,400 were reported killed in the drug wars, and 2,000 more in 2006.

But those levels of violence, which once seemed extraordinary, would now be a welcome relief after nearly three years of Calderon's campaign and the harsh response from the cartels. This year's toll in Ciudad Juarez alone matches the toll nationwide for the last year of the Fox era.

Fox was also critical of the United States, saying it needed to do more to control arms trafficking, money laundering, and drug use. But he again questioned whether drug prohibition is the best way to attain those ends. "Drug consumption is a personal responsibility, not one of government, Fox said."Perhaps it is impossible to ask government to halt the supply of drugs to our children."