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(renamed "Drug War Chronicle" effective issue #300, August 2003) Issue #60, 9/25/98
"Raising Awareness of the Consequences of Drug Prohibition" TABLE OF CONTENTS
or check out The Week Online archives
DRCNet Approaching 7,000 Mark -- Your Voice Needed As autumn approaches in the United States, new subscribers are signing on to DRCNet, and our numbers have broken 6,900 and are rapidly approaching 7,000. Think about the letters hundreds of you have sent to Oklahoma (see alert summary below), and think how much impact you will have for drug policy reform when those hundreds turn into thousands and tens of thousands. We need your help to get there. Here are a few ways you can be involved:
2. ALERT: Congress Considers Jailing Children With Adults A barbaric, extremist bill sponsored by Rep. Bill McCollum (R-FL), for which House leaders were not able to gain
support in the Senate, has been attached as an amendment to a highly popular bill funding programs for missing children. S. 2073 would require schools to expel students caught with
possession of small quantities of drugs, give prosecutors unreviewable power to try children as young as 14 as adults, whether or not violence was involved in the offense, would allow these children to be incarcerated with adult offenders, remove judicial discretion in sentencing, and
force states to focus on punitive approaches to juvenile crime instead of positive alternatives. Please call your two Senators at (202) 225-3121 and President Clinton at (202) 456-1111 -- or send faxes for free through the ACLU's web site at http://www.aclu.org/action/juvenile.html.
3. ALERT from the Andean Information Network (From Lee Cridland, 9/23, concerning the state of negotiations between the Bolivian Government (GOB) and the
cocaleros.)
On August 10, the coca growers from the Chapare started a peaceful and legal march to La Paz to take their demands to the seat of the national government. The march was the culmination of a series of protest against the militarization and violence in the tropics since April 1.
The growers' demands are as follows:
As of April 1 the entire zone has been militarized and troops are being used to forcibly eradicate coca plants. The entrance of the military into the zone and into the antinarcotics forces has increased violence and human rights violations, especially during eradication operations.
Fifteen people have died during confrontations, including two policemen. The military, as well as UMOPAR (drug police) and the Ecological Police, are reported to be participating in robberies, beating and torture during eradication operations.
This is the treaty that was signed at the end of last year which enabled the GOB to be certified by the U.S. government and continue to receive certain categories of foreign aid. The coca growers agreed to voluntarily eradicate 3,600 hectares of coca before December 1st 1997. The Bolivian
government in turn agreed to several still unfulfilled promises including the development of an agricultural-industrial complex which would advance alternative development in the region.
This plan, which proposes to be a product of national consensus, has in fact never been debated by the county's Congress or any of their standing committees. Cocaleros as well as other sectors of civilian society would like the plan to be analyzed, especially those sections of the plan
which are in violation of the already existing antinarcotic law, Law 1008.
The cocaleros, accompanied by other sections of the popular movement, including the COB, arrived in La Paz on August 31 and found the doors to the negotiating table closed. On
September 14, approximately 50 cocaleros, including the president of the union, Evo Morales, entered into an indefinite hunger strike. After much pressure from human rights organization and unions, the Catholic church has agreed to serve as negotiator. This is viewed as a positive
step and it is now up to the GOB to agree to enter in negotiations.
In a national meeting last weekend, the cocaleros gave the government a week to demonstrate good will toward serious negotiations. If progress isn't seen by September 28, they intend to once again block the main highway between Cochabamba and Santa Cruz.
The following day, the government announced the movement of more military units into the area and guaranteed the right of passage for all. Monsignor Ren‚ Fernandez responded by
stating "that the church wants to approach both sides in a dialogue. The problem of the coca is complex, but we understand that the innocent citizens of Chapare should not
be punished."
AIN and other organizations in the country believe that
negotiations are the only manner in which further violence
and ultimately deaths can be avoided. It is crucial that
the GOB understand that the international community is aware
that the decision rests with them. The willingness of the
government to negotiate is critical in preventing further
escalation of violence in the region. AIN is asking that
letters be sent to the President and Minister of Government
asking them not to follow the path of further violence but
to instead agree to sit down at the bargaining table and
begin to search for peaceful resolution to the conflict.
Please send your letter this week and e-mail a copy to AIN
at [email protected] (and as always to DRCNet at
[email protected]).
President of the Republic
4. On the Web
WAR OR PSEUDO-WAR? -- A new article by Joseph Miranda,
editor of California Liberty and DRCNet's consultant on
military affairs, appears in this month's edition of "Social
Justice" magazine. Social Justice is not an online
publication, but an earlier version of the article is online
at http://home.earthlink.net/~jamiranda/pseudowar1.html,
and Social Justice can be contacted at [email protected].
See another of Miranda's articles on our web site at
http://www.drcnet.org/military.
FOCAL POINT MARIJUANA REGULATION -- The Lindesmith Center
presents its newest collection of full-text documents,
examining the causes and consequences of cannabis
decriminalization in various countries as well as proposals
for the responsible regulation of cannabis. These articles,
studies, reports and papers were collected in conjunction
with "Regulating Cannabis Options for Control in the 21st
Century," the September 5, 1998 symposium in London. See
http://www.lindesmith.org/library/focal4.html.
5. Canadian Hemp Shop Bust Aided by U.S. Agents
On September 17, the Vancouver Province reported that U.S.
military agents had participated in the undercover
investigation of Hemp B.C. and the Cannabis Cafe which lead
to a raid on the hemp stores last April. According to court
documents, four U.S. Navy agents were escorted by local
police to Hemp B.C., where they attempted to purchase
marijuana. The U.S. agents were not successful, but their
involvement has raised eyebrows among Canadians, who are
concerned about the reach of the U.S. Drug War into a
country in the midst of its own dialogue about drug policy.
Simon Fraser University criminology professor Neil Boyd told
the Province that the Navy's participation "raises questions
about...who is really controlling drug policy in Vancouver."
Vancouver Police were not available for comment at press
time.
6. Hemp B.C. Business License Hearing Scheduled for Next Week The Vancouver City Council is set to hold a "show-cause" hearing on September 29 to determine whether Hemp B.C. should be granted a business license. City officials have so far denied Hemp B.C.'s application for a license, disputing Shelley Francis' ownership of the store and citing criminal charges pending against the store's founder and former owner, Marc Emery. Hemp B.C. encourages Vancouver residents to meet at City Hall on September 29 to show their support for the store. To read Hemp B.C.'s description of the problem, and to learn about the $1,000,000 suit they have filed against the City of Vancouver, visit their web site at http://www.hempbc.com.
7. MEDIA NOTE CBS Drama to Highlight Medical Marijuana DRCNet has been informed that next Monday's episode (9/28) of the CBS medical drama "L.A. Doctors" will deal with the issue of medical marijuana. We do not know whether the subject will be dealt with in a positive or a negative light, or whether it will be factually accurate. Let's check it out and tell CBS what we think next week.
8. Volunteers Needed for Washington, D.C. Medical Marijuana Initiative Supporters of Initiative 59, which would allow for the possession and use of marijuana for medicinal purposes in the nation's capitol, are looking for volunteers. D.C. residents can help by making phone calls, putting signs up in their yards, flyering neighborhoods and parking lots, or just registering to vote and making it to the polls. To volunteer call (202) 546-2845 -- ask for Troy or Marc, send e-mail to [email protected] or fax to at 202-232-0442.
9. New Study Indicates that Cannabis Relieves Pain
Dr. Ian Meng and researchers from the University of
California at San Francisco released the results of a report
this week (9/23) which indicates that cannabinoids act upon
the same part of the brain as morphine and, while they
effect the brain differently, reduce pain without the
unpleasant side effects or the threat of addiction commonly
associated with opiates.
The study, conducted with a synthetic drug that mimics
marijuana, showed that cannabinoids affect the rostral
ventromedial medulla (RVM), an area of the braid responsible
for the sensation of pain. "These results indicate that the
marijuana-like drug can reduce pain by affecting the same
pain modulating neurons as morphine, but through separate
mechanisms" said Meng.
Meng continued, "the implications for future development or
treatment would be looking at different combinations of
therapies, a lower dose of morphine combined with a low dose
of cannabinoid. Perhaps you could eliminate the nausea
(caused by the opiates) or at least reduce it and increase
the pain-killing effects."
10. Drug War Militarization Bill Passes House Over Objections of Colombia
H.R.4300, the "Western Hemisphere Drug Elimination Act,"
which would target more than $200 Million in military and
related aid to Colombia passed the house last week (9/16) by
a vote of 384-39. The overwhelming victory came despite the
protestations of both U.S. Drug Czar Barry McCaffrey and
newly elected Colombian President Andres Pastrana, who is in
the midst of negotiations aimed at ending his nation's 35
year-old civil war.
Of major concern to Pastrana is an amendment to the bill
stipulating that the aid will not be forthcoming if
Pastrana's plan to withdraw troops from a swath of
Colombia's southern region as part of his negotiations with
guerilla leaders interferes with counternarcotics efforts in
the area. Pastrana has worried U.S. drug warriors with his
recent statements regarding the unworkability of aerial
herbicide sprayings of coca and opium-producing regions, a
favorite U.S. drug warrior program. Disagreement over the
sprayings came to a head earlier this month when Ruben
Olarte Reyes, the anti-drug chief of the new Pastrana
government, publicly stated that the use of Tebuthiuron, an
herbicidal substance favored by the U.S. State Department,
"is not on the agenda." The U.S. has pushed Colombia to use
Tebuthiuron, a granular substance that can be dropped from
much higher altitudes than traditional liquid herbicides,
despite warnings from its manufacturer, Dow Chemical, that
such uncontrolled application could be hazardous both to
people and to desirous plant life in the Andean region (see
http://www.drcnet.org/wol/047.html#herbicide).
Despite broad support among drug war hawks for the strategy
and increasing implementation of herbicidal eradication, it
has been estimated that during the past four years coca
cultivation in Colombia has doubled to nearly 80,000
hectares. According to Reyes, "Unfortunately, we have to
recognize that crop eradication, in the manner that it has
been carried out so far, has failed. There is no doubt that
there will have to be a profound revision of the crop
eradication program."
Pastrana, elected by a wide margin this year, has already
shown great determination in fulfilling his mandate to end
Colombia's horrific and longstanding civil war. Almost
immediately after his election, Pastrana took his life in
his hands by traveling into guerrilla-controlled territory
for a face to face meeting with the opposition's legendary
leader, 68 year-old Manuel Marulanda, to discuss possible
scenarios for ending the three-sided conflict. At the heart
of the struggle is the issue of agrarian and economic
reform. But the presence of the drug crops, and their
prohibition-enhanced value, has become inexorably
intertwined in the struggle as drug money feeds and arms
each side to one degree or another.
On Sunday (9/20) President Pastrana, speaking from Bogota,
accused Republican lawmakers of politicizing the issue.
"They politicized it for Colombia, and it's the worst thing
that has happened to us in the last four years" and that
they (Republicans) were narrowly focused on "the simple
thesis of an all-out war against drug trafficking" to the
detriment of a delicate and complex process of peace in the
war-torn nation. Pastrana praised U.S. Democrats, saying
that they, at least, understand that "we can't just talk
about repression, fumigation and eradication."
Barry McCaffrey this week called on the Senate to reject
H.R. 4300 (now S. 2341), saying that while the money was
important, the stated goals of the bill (including an 80%
reduction in the flow of illegal narcotics into the US) were
"completely unrealistic" and not tied to a coherent
strategy. He said that the bill's passage in the House
might well have been driven by election year politics and
decried micromanagement by legislation.
Pastrana quickly arranged for a trip to Washington, set for
Thursday (9/24), during which he will come to Capitol Hill
to speak with House and Senate leaders. Pastrana had
already been scheduled to visit the United Nations in New
York earlier in the week.
Before beginning his meetings on Thursday, Pastrana told the
press, "The peace process is moving on." Pastrana's schedule
included meetings with senior House members, including Rep.
Benjamin Gilman (R-NY), chairman of the International
Relations Committee, as well as Rep. Lee Hamilton, the
committee's ranking Democrat, and members of Congress'
Hispanic Caucus.
Contacted by The Week Online, an official at the Colombian
Embassy said, "There are three topics which will be
discussed, and these are all intertwined. The peace
process, eradication, and bilateral cooperation. I cannot
say what the content of President Pastrana's message will
be, only that he will come with a large amount of
information. It is our hope that after these talks, many
things will be clarified, as there currently seem to be some
misunderstandings between the parties, perhaps particularly
with regard to the House of Representatives. We believe,
however, that this visit will mark a very important juncture
in the relationship between the countries."
As to the question of the U.S. Congress overstepping the
bounds of Colombia's sovereignty, the official would say
only ,"The one thing that is clear is that the decision
about where, when and how much the United States will help
Colombia is a decision to be made by the United States
government. It is their prerogative. The process and the
relationship between our two countries is an ongoing one,
and we feel that President Pastrana will move that
relationship forward with his visit tomorrow."
11. Background on Juvenile Justice Bill
(This article provides further information on the
legislative process surrounding the Juvenile Crime Control
Act, alert for which appears above.)
On 9/15, Rep. Bill McCollum, with five other House
Republicans, attached a controversial trailer (Juvenile
Crime Control Act of 1997) onto a bill introduced by Senator
Orrin G. Hatch last spring (S. 2072). This bill was
intended to authorize appropriations for the National Center
for Missing and Exploited Children.
The trailer, H.R. 3, would give federal prosecutors the
power to remove cases involving juvenile offenders from the
state court system and try them in adult federal criminal
court. If this bill passes, children as young as 13 will be
placed in adult federal criminal prisons and jails with
adult criminals, both before trial and after conviction.
H.R. 3 is the House version of the Senate Bill S. 10, which
has been under much scrutiny in the Senate because of its
controversial features. The Senate has not engaged in a
significant floor debate and has not come to any majority
decision on S. 10. However, it has now bypassed Senate
debate and has been handed over to its supporters in the
House/Senate Conference Committee for their stamp of
approval.
In the minority view, published in the Committee Report on
S. 10, Senators Leahy, Kennedy, Biden, Kohl, Feingold and
Durbin write "This bill chooses sound bite over sound
policy. It reacts to the headlines about remorseless young
criminals committing horrific crimes with a hodgepodge of
so-called "get tough" fixes, an amalgam of good and bad
ideas on how to spend federal funds, and one-size
"Washington-knows-best" approach to juvenile crime that will
undoubtedly worsen the juvenile crime problem."
Shannon Gravitte, press secretary for Rep. McCollum, told
The Week Online, "In May 1997 H.R. 3 passed the house and is
a compromise to the Senate's S. 10." She went on to say
that they are not using roundabout methods to attach H.R. 3
to S. 2073, rather that there is language in S. 2073 that
allows for such procedural bypass of debate. Although H.R.
3 has been amended in the House, it has not been debated or
amended by the full Senate, nor will it.
The final bill will not be subject to amendment or debate;
rather, the bill, as amended, will come to a "yes" or "no"
vote by the full Senate. Hence, the Senate may enact H.R. 3
without having the chance to ever amend the proposal,
causing radical changes in the relationship between the
federal government and the states regarding juvenile crime.
Opponents of the bill include Chief Justice of the United
States Supreme Court William Rehnquist and the Children's
Defense Fund.
12. Massacre in Ensenada, Mexico Hits Close to U.S. At approximately 430am, Thursday, 18 family members,
including two teenagers, six children, and one infant, where
led out of their bedrooms at gun point, lined against a
patio wall and gunned down with eighty bullets coming from
nine or ten AK-47 wielding gunmen. The incident happened in
a sleepy suburb of the Mexican resort town of Ensenada, a
popular destination for American tourists, only a ninety
minute drive from the U.S. Mexico border and home to
hundreds of American ex-patriots.
The gruesome scene of the shooting, shown across Mexico and
on several Spanish language U.S. channels, depicted a line
of bloodied bodies still in their sleepwear with the
children holding on to their toys and teddy bears.
The cause behind the Ensenada massacre is believed to be a
rivalry between two Mexican drug cartels. Fermin Castro,
one of the only survivors, in critical condition with
gunshot wounds to the head and body, is allegedly in charge
of marijuana cultivation for the Arellano Felix drug gang
which controls the drugs flowing through the Southwestern
corridor into the U.S. The lead theory at this point is
that it was drug traffickers retaliating for the killing of
drug kingpin Munoz Talavera, who are thought to control the
Ciudad Juarez-El Paso section of the border. Both groups
are thought to have been violent rivals for sometime.
"If this was indeed retaliation, whoever did it sent a heck
of a message to the Arellano Felix gang," Phil Jordan, a
Dallas security specialist and former senior agent with the
DEA told the Dallas Morning News on Friday, 18th. "It's the
kind of drug-related violence that puts Mexico one step
closer to Colombia. It's not good for Mexico, and it's not
good for the United States. And as long as narco-political
corruption exists in Mexico, I don't think the situation
will get any better."
John Walsh, a research associate for Drug Strategies
concurs. "There is a recognition that the way the Mexicans
have taken over cocaine trafficking from the Colombians has
emboldened them in terms of corruption and the level of
violence. This incident falls into that category. But even
if the situation doesn't become as dire as Columbia, the
fact that its on our border makes it a serious situation."
So far the investigation into the massacre has had few
leads. Mexican officials did find a cache of guns nearby
that may have been used in the killings, but as of press
time no suspects have been brought into custody, and few
local residences are willing to talk.
The violence along the border "continues to be a concern,"
said John Woodard, chief of staff to Rep. Brian Bilbray (R-
CA). Woodard told the WOL, "We've seen similar drug related
incidents in Coronado and San Diego. It's obvious this type
of stuff spreads across the border." Rep. Bilbray's 49th
Congressional district begins the western border between
Mexico and the U.S. and continues along past the two main
Southwestern border checkpoints leading into Tijuana. In
the past Rep. Bilbray has supported the certification of
Mexico as a drug war ally , but with incidents such as this
and several high profile drug corruption related cases in
the Mexican military and police, "it's too early to tell
whether he'll support certification" again when it comes up
for a vote next spring in the 106th Congress.
13. Minnesota Marijuana Law faces Constitutional Challenge in Court Case
On Tuesday (9/29), the Minnesota Court of Appeals will hear
oral arguments in the criminal appeal of Thomas Wright, who
was earlier convicted on a marijuana charge. Wright is
arguing that the state's marijuana prohibition is in
violation of the Minnesota Constitution, Article XIII,
Section 7, which states, "Any person may sell or peddle the
products of the farm or garden occupied and cultivated by
him without obtaining a license therefore."
During Wright's trial, his attorney, Randall Teague, made a
motion for dismissal based on A13, S7, explaining to Judge
Alan Oleisky that the state cannot have the greater power of
making marijuana completely illegal if it does not have the
lesser power of requiring a license. Teague produced
evidence that marijuana was a "product of the farm or
garden" in 1906 when the section was voted into the
Minnesota constitution, and continued to be so until 1935
when the state adopted the Uniform Narcotics Control Act and
its optional marijuana provision. He argued that the
state's controlled substances act says that you can be in
legal possession and be a manufacturer if you have a license
through the board of pharmacy.
Wright told The Week Online, "The truth of the matter is
that the truth doesn't matter. The logic of my claim is
undeniable but I know that they'll develop a legal construct
that usurps the right of farmers. No matter, though, I'm
prepared to take this to the Supreme Court."
14. Human Rights Activists Accuse Russian Police of Planting Drugs
On Monday (9/22), human rights activists in the former
Soviet Union accused Russian police of planting drugs on
innocent persons. At a press conference in Moscow, human
rights activist Lev Ponomaryev told reporters that "an
organization of crooked policemen... are persecuting people
who have nothing to do with drugs" and that the police were
acting "either under orders, or else to embellish their own
track records."
Sergei Bachinin, editor in chief or the newspaper Vyatski
Nabliodatel, who was arrested last year after police
allegedly found less than a gram of marijuana in his office,
headed the inquiry into the corruption. He told reporters
that he was "convinced that there are many files falsified
with the help of fake testimonies and provocation."
15. National Conference on Prisons This Weekend
"Critical Resistance Beyond the Prison Industrial Complex",
a national conference on the rise and destructiveness of the
world's largest prison state, will be held this weekend
(9/25-9/27) at the University of California at Berkeley.
Featured speakers will include Angela Davis, Gloria Steinem
and the 1998 MacArthur "Genius Award" winner Ellen Barry of
the San Francisco-based Legal Services for Prisoners With
Children. For more information call (510) 238-8555. If you
make it to the conference, stop by DRCNet's table to say
hello.
The U.S. jail and prison population (federal, state and
local) stands at nearly 2,000,000 up from just over 200,000
in 1972.
EDITORIAL Repentance for the Drug War
Sundown on Tuesday, September 29, marks the beginning of the
Jewish Holiday of Yom Kippur, day of atonement. Judaism is
not alone among the world's religions in setting aside a
time for personal reflection and repentance through fasting
or self-sacrifice -- Catholics observe Lent, for instance,
and Muslims observe Ramadan to name two -- indicating that
an understanding of the value of setting aside a time for
taking stock of one's actions, for acknowledging wrongdoing
and seeking forgiveness is deeply embedded in the human
spirit.
In honor, then, of Yom Kippur, the oldest of such
traditions, I write today in respectful suggestion to a
handful of people who might want to spend some time in
communion with their maker, if not this week than certainly
soon, seeking forgiveness for behavior which, under any
rational understanding of the intent of a supreme being,
must be considered sinful.
Christine Todd Whitman, Governor of New Jersey, for her
steadfast refusal to consider the advice of either the
world's scientific community or her own commission on AIDS
to allow implementation of syringe exchange programs in that
state. New Jersey has the third-highest rate of injection-
related AIDS in the nation and ranks near the top in the
incidence of childhood HIV infection, which is nearly always
caused, indirectly, by dirty needles.
Drug Czar Barry McCaffrey, who, during the past year has
proffered blatant misinformation regarding the medicinal
potential of cannabis, the efficacy of needle exchange, the
commercial viability and practical applications of hemp,
domestic policies and their impact in such nations as
Switzerland and The Netherlands, the impact and intent of
the US policy for which he is an apologist, and the nature
and intentions of those with whom he disagrees.
Rep. James Traficant, (OH) for continuously pushing for
legislation which would further militarize the U.S.-Mexican
border, despite the fact that his district is more than a
thousand miles away from that border and despite the fact
that representatives from border districts, whose
constituents would bear the costs and dangers of such
legislation, have voiced grave concerns over such plans.
Speaker Newt Gingrich, once a sponsor of pro-medical
cannabis legislation and a staunch opponent of the broad
powers of the FDA over the lives and decisions of doctors
and patients, for shepherding through the House legislation
that hides behind the FDA approval process for the purpose
expressing opposition to the personal choices of medical
cannabis users everywhere.
House Republicans, for overwhelmingly supporting legislation
which would both further militarize the civil conflict in
Colombia and attempt to dictate the actions of newly elected
President Andres Pastrana to the detriment of his courageous
and delicate peace plan.
And again, for their willingness to speak out about the need
to get the government out of the lives of Americans while
hypocritically championing the single most intrusive
government policy in existence, the "right" of the
government to go to any lengths to find and to punish those
who would ingest, into their own bodies, unapproved
substances.
House Democrats, for their willingness to compromise their
"core values" of civil rights, help for the disadvantaged
and the reigning-in of corporate power in the name of a
policy that is imprisoning enormous numbers of the poor and
the non-white, as well as those who choose either a medicine
or an intoxicant that is not owned and patented by either a
pharmaceutical, liquor or tobacco company.
President Clinton, for bemoaning an invasion of his privacy
in the Lewinsky affair, while presiding over a drug war
which arrested over 600,000 people for possession of a plant
in 1997.
The list goes on, of course. But the point is that war, the
most terrible and destructive of all human endeavors, is
being waged as domestic policy by a generation of American
leaders in the false name of morality itself. And while
this is not to suggest that the people named above should
observe the ritual of any particular religion or belief,
perhaps the coming of Yom Kippur can at least serve as a
reminder to them that given their behavior over the past
year, a little atonement is definitely in order.
Adam
J. Smith
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