I wrote about the Will Foster case in the Chronicle last week. Here's a brief summary: Foster had a small medical marijuana garden in Tulsa that was raided in 2005. Two years later, he was sentenced to an insane 93 YEARS in prison. Only after a publicity campaign in which DRCNet played a vital role was he resentenced to merely 20 years, and after being twice denied parole, he was paroled to California.

Although Oklahoma thought Foster should be on parole until 2011, California decided he didn't need any more state supervision and released him from parole after three years. That wasn't punitive enough for Oklahoma. Although Foster had left the Bible Belt state behind with no intention of ever returning, Oklahoma parole officials issued a parole violation warrant for his extradition to serve out the remainder of his sentence. When Foster had to show ID in a police encounter, the warrant popped up, and he was jailed. Desperate, Foster filed a writ of habeas corpus and won! A California judge ruled the warrant invalid, and Foster was a free man again.

But not for long. It's thirst for vengeance still unslaked, the state of Oklahoma issued yet another parole violation warrant for Foster's extradition because he refused to agree to an extension of his parole to 2015--four years past the original Oklahoma parole date. Then he got raided in California, thanks to bad information from an informant with an axe to grind. Foster had a legal medical marijuana grow, but it took a hard-headed Sonoma County prosecutor more than a year to drop charges, and Foster has been jailed the whole time.

Now that the charges have been dropped, Foster still isn't free because Oklahoma still wants him back. Extradition warrants have been signed by the governors of both states, and he was days away from being extradited in shackles when he filed a new habeas writ this week. Filing the writ will stop him from being sent back to Oklahoma, but it also means he's stuck in jail for the foreseeable future. The writ is a legal strategy; his real best hope is to get one of those governors to rescind the extradition order.

You can help. Click on this link to find out how to write the governors. I think a campaign of letters to the editor of Oklahoma papers might help, too. Those letters might ask why Oklahoma wants to continue to spend valuable tax dollars to persecute a harmless man whose only crime was to try to get some relief for his ailments--and who has no intention of ever returning there.

...So, anyway, I went to see Will at the Sonoma County Jail Saturday night. But I didn't get in. The steel-toes in my footwear set off the metal detector, and I quickly found out such apparel was a security risk. Who knew? I'll go back later this week. I guess I'll wear sandals.

In the meantime, there are letters waiting to be written. Keyboard commandos, saddle up!

The Canadian House of Commons today passed the Conservative government of Prime Minister Steven Harper' C-15 crime bill, which will institute mandatory minimum sentencing for some marijuana and other drug offenses. The vote, in which after dilly-dallying for days, the opposition Liberals joined in, came despite hearings in which no witnesses favored such a tough on crime approach north of the border.

It's not a done deal yet. The bill must still be approved by the Canadian Senate, which issued a report several years ago calling for the government to head in the opposite directoin. But the Senate, which is appointed, is not known for bucking the government and the House of Commons.

That the Liberals buckled for fear of being "soft on crime" and supported the Conservatives in this giant step backward is disappointing but not surprising. Oh, Canada! Once we looked to you for a progressive example on drug policy.

I will be writing about all this for the Chronicle later this week, as well as focusing on our other border with a feature article on the Obama administration's new initiative to thwart the Mexican so-called drug cartels.

...and nobody north of the Rio Grande seems to have noticed. Last week, I wrote that the Mexican decrim bill had passed the Senate, but on the afternoon before we published that report, the bill also passed the Chamber of Deputies. Now it awaits only the signature of President Calderon.

While a Dallas Morning News blogger wrote that it is unclear whether Calderon will sign the bill, it seems likely to me that he will. The bill, after all, was pushed by his ruling PAN party, and unlike 2006, when a similar bill passed only to be vetoed by then President Fox in the face of US threats and bluster, there have been no threats and bluster from Washington this time. And, of course, the situation in Mexico is much worse than in 2006, thanks largely to Calderon's war on the cartels.

The bill is not great: The personal use quantities are tiny, and it allows for the states to prosecute low-level trafficking offenses (currently, that is the province of the feds, with the result being that being low-level traffickers are never tried because the federal prosecutors and courts are overwhelmed with serious trafficking cases). But it is decriminalization, and right on our border, not an ocean away, like Portugal.

I'll be talking to people on both sides of the border this week about this bill and what it means and I'll have a feature article on it Friday. In the meantime, here's the lone Reuters article on these momentous events:

Mexico passes bill on small-scale drugs possession
Fri May 1, 2009 8:39pm EDT

MEXICO CITY, May 1 (Reuters) - Mexico's Congress has passed a bill decriminalizing the possession of small amounts of drugs, from marijuana to methamphetamine, as President Felipe Calderon tries to focus on catching traffickers.

The bill, proposed by Calderon after an attempt by the previous government at a similar bill came under fire in the United States, would make it legal to carry up to 5 grams (0.18 ounces) of marijuana, 500 milligrams (0.018 ounces) of cocaine and tiny quantities heroin and methamphetamines.

The lower house of deputies passed the bill late on Thursday. It already has been approved by the Senate and is expected to be signed into law by Calderon in the days ahead.

Mexico's Congress passed a similar proposal in 2006 but the bill was vetoed by Calderon's predecessor, Vicente Fox, after Washington said it would increase drug abuse.

The United States recently pledged stronger backing for Calderon's army-led war on drug cartels, whose turf wars have killed some 2,000 people so far this year in Mexico, as the drug violence is starting to seep over the border.

The new bill also allows Mexican states to convict small-time drug dealers, no longer making it a federal crime to peddle narcotics, a move that should speed up those cases.

U.S. President Barack Obama praised Calderon's drug war efforts in a visit to Mexico last month and promised more agents and southbound border controls to curb the flow of guns and cash to the cartels. (Reporting Miguel Angel Gutierrez; Editing by Bill Trott)

Law enforcement likes to argue that it needs to resort to heavy-handed tactics such as SWAT-style raids and no-knock warrants because drug law enforcement is just so darned dangerous. You know the spiel: "We're outgunned and up against crazed drug dealers, so we need to come on like gangbusters for our own safety."

But I'm in the process of reviewing police deaths in the drug war since the beginning of 2008 for a Chronicle article that will appear Friday, and so far, I've only found two officers who were killed in drug raids during this time. I'm using the Officer Down Memorial Page and the National Law Enforcement Memorial data bases and I still have to dig a little deeper into the numbers and the discrepancies between the two, but so far, it doesn't appear that enforcing the nation's drug laws is that dangerous for police.

For civilians, it is perhaps a different story. Nobody's keeping a data base of citizens killed by the police, let alone those killed by police enforcing the drug laws, although I have a few ideas on where to come up with some figures, or at least some especially horrendous cases. I'll be looking into that, as well.

I'll be talking to as many cops, criminologists, and other interested parties as I can, but at this point, it seems that it is going to be hard to justify the overwhelming use of force typical of police drug raids. As much as they would like to think they are, cops are not US military Special Forces units, and drug law violators are not terrorist fugitives. Look for the story on Friday.

The New Jersey State Senate this afternoon approved the New Jersey Compassionate Use Medical Marijuana Act (S 119) by a vote of 22-16. The measure now goes to the state Assembly, where it faces a committee vote and then a floor vote. If it passes the Assembly, Gov. Jon Corzine (D) has indicated he would sign it.

The bill would remove state penatlies for marijuana possession, use, or cultivation for patients suffering a qualifying medical condition who have a physician's approval. Qualifying conditions include chronic pain, cancer, AIDS, multiple sclerosis, and Crohn's Disease. Patients could grow up to six plants and possess up to one ounce. They would register with the state Department of Health, as would any designated caregivers.

“The bill is very conservative," siad Ken Wolski, RN, head of the Coalition for Medical Marijuana--New Jersey, which is leading the campaign. "No medical marijuana state has a smaller plant limit or possession amount. Still, it will help a tremendous number of patients here. We applaud the senators who supported this bill.”

A bill to tax and regulate the production and sale of marijuana will go before the California legislature. At a press conference at his San Francisco offices -- going on right now -- California Assemblyman Tom Ammiano announced he was introducing legislation to do just that.

The bill comes as the state is in the grip of a strong economic downturn and a severe fiscal crisis. Estimates of tax revenues that could be generating by regularizing the status of California's leading cash crop range from $1.5 billion to $4 billion a year.

A poll by Zogby International, released last week, found majority support on the west coast for the proposed reform.

I am currently at the press conference, and will post a more detailed report later today.

Phil's report, including pictures from the press conference, is online here. Check back Friday morning at the same URL for a full-length Drug War Chronicle feature story.

South Dakota's one-man marijuana reform movement, Bob Newland, has informed the Chronicle that he has found a legislative sponsor for a medical marijuana bill and there will be a hearing soon, most likely before the end of the month. The text of the proposed bill can be read here.

It would be a very pleasant surprise if this bill were to pass, and a sweet vindication for activists like Newland in the only state to fail to pass a medical marijuana legalization initiative at the polls. In the 2006 initiative, medical marijuana gained 48% of the popular vote. Earlier efforts to pass a bill in the legislature went nowhere, and the opposition to this bill will be led by Attorney General Larry Long (R), who was also point man for initiative opponents in 2006. (Who knew the AG was an MD? Oh, he isn't.)

Newland sought meetings with Long in an effort to address "law enforcement concerns," but Long made it clear that he is unalterably opposed to medical marijuana. Period.

Newland also has a fall-back bill prepared if, as he predicts, Republicans will be aghast at allowing patients to grow their own medicine and try to kill the bill. The fall-back bill simply allows an affirmative defense in a patients is arrested and prosecuted for his medicine.

Your ink-stained wretch of a Chronicle editor spent this past week relocating from the frigid steppes of the Dakotas to the friendlier clime of Northern California's Sonoma County, the land of milk and honey. Once I made it over Donner Pass on I-80 with the help of tire chains, it was all downhill from there...

Next week, in honor of the coming of the new year, I will put on my best Janus face(s), and the Chronicle will look back at the big news of '08, as well as looking forward at what should be/could be the big news of '09, so stay tuned for that pair of features a week from today.

I've also got a pile of drug policy-related books that are begging to be read and reviewed. I'll be working on that in the next few days as well, so you can expect to see some reviews dribbling out in the coming weeks.

Now, it's the day after Christmas, and I have to venture out to the shopping malls in search of a router for my new Internet set up. See you next year, and next week.

Pot smokers and drug reformers weren't the only people interested in Barney Frank's news conference yesterday about his decriminalization bill. The law enforcement web site Police 1 noted it as well and posted a short piece asking its readership what they thought. The piece, Are Small Pot Busts Taking Cops Away From Important Work? What Do You Think?, was a calm, unbiased look at the decrim bill and what it would (and wouldn't) do.

I wish I could say the same about the responses. Now, before I get into the meat of the matter, I would be remiss if I didn't point out that the responses are not necessarily reflective of police officers' views in general, but are only the responses of a self-selected set of anonymous posters who have registered with Police 1 and who Police 1 says are verifiably law enforcement personnel. That caveat notwithstanding, the posters offer a pretty depressing look into the mind-set of at least some cops.

Here are some of them:

Raymundo: I think we all know that pot heads just want to be able to do what they want. Marijuana kills brain cells and they don't come back, hello we need those. Marijuana should stay illegal and I hope congress continues to see that it should be illegal.

SPD853: I think we waste time on plenty of crimes. It is our job. Those cops who think it is a waste of time just "wind test" it anyway (if they do anything at all).

I hadn't heard the phrase "wind test" before. I think that means when they just steal your property, open up the baggie and let the goodies blow away in the wind. That's pretty rude, but preferable to getting arrested, I guess.

Chr1s11: How many of those "small" pot busts have been turned over for info leading to a much larger bust for a much worse controlled substance. The pot heads tend to give up the crack dealer to save the misdemeanor record. Besides, it's still an illegal substance that causes serious dificulty for someone to be a productive individual. Pot heads are the loosers that turn into coke/crack/meth heads. Then comes the violent crime they have to commit to support the habbit.

Well, of course. We all know that pot smokers are crack heads who inevitably turn to violent crime to support their habits. The only other comment I have on this poster is that anyone who can't spell loser correctly probably shouldn't be calling other people losers. He would be better off going back to school and actually passing eighth grade this time.

Baltoblue: I'd rather lock people up for Marijuana all day long then taking 6 reports a day because people can't resolve small problems on their own. The fact is that people can't resolve small problems on their own. The fact is that Marijuana is great PC for searching vehicles (on smell), and also leads to larger cases. I for one, have never locked up a nuerosurgeon for pot, and most that I lock up for pot are involved in larger crimes.

A couple of things on this one: I know I shouldn't pick on people for misspellings, but when you're trying to call pot smokers dumb, you should probably spell "neurosurgeon" correctly. Secondly, Baltoblue's point that pot is great for providing PC (probable cause) for searching cars is a common theme on this board.

Mac25: It is already hard enough to get a conviction when they wont emit it is their property but now they will say it is for personal use and I am not selling. When you compare the drugs (marijuana/alcohol) they both have their down falls but seem to be the lesser evil of all the drugs out there. With that said, the battle on drugs including marijuana has gone on too long to turn around and try to make it legal. I would say most, at least 75, of the people that use marijuana are dirt bags and are involved in other crimes or some how connected to those that commit the crimes. The marijuana arrests are and can be used to assist us (police) in catching those criminals. If it is legalized it will be thrown in our faces day in and day out by these criminals.

This guy's reasoning skills are right up there with his spelling and composition skills. So, 75 (percent, I assume, unless he's personally counting up the dirt bags) of pot smokers are "dirt bags" and are involved in other crimes or know somebody involved in other crimes or live in the same country as people committing other crimes or something.

But at least there was one poster who was sympathetic:

In 14 years of active road service as a cop, I have never responded to a call involving anyone who had smoked a joint and was ready to fight with their wife or anyone else for that matter. Yes, I think to much time is spent on arrests involving small amounts of pot. Alcohol, on the other hand, has cost our country Billions of dollars and a tremendous loss of life. While I don't think pot should be legal, I think we need to re-think this issue.

There are more comments on the web site. Check 'em out if you have the stomach for seeing what those people who are supposed to serve and protect you think about you. As for me, I always try to treat police officers with the same respect they show me.

Here in Mexico's capital, several thousand people gathered at the Alameda Central, a large park in the historic center of the city, to celebrate Global Marijuana Day. Punks, Goths, hippies, and members of all the other "urban tribes" that constitute the youth counterculture of one of the world's premier cities came together for a day of respect, tolerance, music, and above all, to call for the legalization of the sacred herb.

Of course, it's not just the youth cultures of Mexico City that we're talking about here; it's the global cannabis culture. Cannabis Nation knows no boundaries. In many respects, I could have been standing in Memphis or Malmo or Madrid or Mombasa or Minsk--the t-shirts and slogan are the same, the concerns roughly identical. I'll say this for the global prohibition of marijuana: It has created a global culture of resistance that supercedes national identities or barriers.

The music and musicians were spot-on, but lyrically and rhythmically. Some of the songs were pure celebration:

We're going to the beach and I wanna smoke
We're going to dance and toke

Some of the songs were highly politicized and, naturally, critical of the US. One rapper compared Bush ("creating hell on earth") with Hitler and Hernan Cortes, placing him squarely in a particularly Mexican pantheon of villains.

Speaking of politics, one of the great battles going on in Mexico right now is over the government's efforts to privatize Pemex, the state oil monopoly. For many Mexicans, Pemex is a symbol of the Revolution a century ago that overthrew foreign domination. After the Revolution, the Mexicans expropriated the foreign oil companies; now they fear the government is going to give the national oil industry back to the foreigners. One sign at the march tied that struggle to the struggle for marijuana legalization:

Mariguana y petroleo
Eso es nuestro patrimonio

Marijuana and Oil
That's our patrimony

The police presence was minimal, and as far as I could see, there were no problems and no arrests, although pot-smoking was open and frequent throughout the day.

I took lots of photos, as you can see. (Sixteen more below the fold.)Sadly, my memory stick got full, and I missed some of the potentially most impressive shots, when the multitude was marching down Avenida Juarez, past the Bellas Artes palace and in front of some of the old colonial buildings in the city center. Still, Global Marijuana Day in Mexico City was a trip. Enjoy the photos, and look for a full report on the action in the Chronicle later this week.