TABLE OF CONTENTS

1. Latin American Anti-Prohibition Conference, Feb. 12-15, Mérida, Yucatán, Mexico
2. Cumbre Internacional Sobre Legalización, 12-15 Febrero, Mérida, México
3. Newsbrief: New Zealand MP Tanczos Cleared in Marijuana Probe
4. Newsbrief: Nevada High Court Voids Meth Drug Ingredient Law
5. Newsbrief: "What About the Children?" -- Colorado Bills Target Home Meth Labs
6. Newsbrief: Ohio Supreme Court Backs Workers in Workers' Comp Drug Test Ruling
7. Newsbrief: Brit MP Calls for Drug Testing 10-Year-Olds, Comments Came in Debate Over Criminal Justice Bill
8. Newsbrief: This Week's Corrupt Cop Story
9. Newsbrief: US-Trained Thai Drug Unit Pulls Back From Burmese Border
10. Newsbrief: Columbia, Missouri, Marijuana Petition Has Enough Signatures
11. Newsbrief: Tampa Ordinance Would Criminalize "Drug Dealer Behavior"
12. Newsbrief: Drug Checkpoints at West Virginia NORML Rally Draw Lawsuit
13. Online Petition Launched Supporting MEPs' Call for Ending Prohibition
14. Media Scan: Montreal Compassion Club, Impact Press on Marijuana Legalization
15. DC Job Opportunities at DRCNet
16. The Reformer's Calendar

(visit the Week Online archives)

1. Latin American Anti-Prohibition Conference, Feb. 12-15, Mérida, Yucatán, Mexico

Register by credit card online (http://www.stopthedrugwar.org/shadows/register-credit.html), or print out a registration form to submit by mail (http://www.stopthedrugwar.org/shadows/register.pdf). Registration is free to Latin Americans (http://www.stopthedrugwar.org/sombras/inscripcion-gratis.html), and sliding scale is available to others who need it. Scholarships to assist with travel costs may be available. Please make a donation if you can afford to, so we can offer more scholarships to bring more Latin American attendees to the conference! Your registration fee will support scholarships too, so please register today!

Steering Committee:

Gustavo de Greiff, former attorney general, Colombia, Chairman
Jaime Malamud, former attorney general, Argentina
Mario Menendez, publisher, Por Esto!, Mexico
Marco Cappato, Member of European Parliament, Lista Bonino, Italy
John Gilmore, United States
Conference Staff Director: David Borden, DRCNet, United States
Volunteer Media Advisor: Al Giordano, NarcoNews.com

Contact StopTheDrugWar.org: the Drug Reform Coordination Network (DRCNet) at: P.O. Box 18402, Washington, DC 20036, voice: (202) 362-0030, fax: (202) 362-0032, [email protected]

2. Cumbre Internacional Sobre Legalización, 12-15 Febrero, Mérida, México

Por favor, ven a reunirte con activistas, académicos, políticos, periodistas y otros en Mérida, en la primera cumbre latinoamericana contra la prohibición a las drogas. Forma parte de este encuentro histórico. Encuentra, oye, habla, colabora y demuestra tu solidaridad con nuestros aliados en el creciente movimiento para la reforma en América Latina.

Inscríbete en línea usando tu tarjeta de crédito (http://www.stopthedrugwar.org/sombras/inscripcion-credito.html), o imprime un formulario de inscripción y envíalo por correo (http://www.stopthedrugwar.org/shadows/register.pdf). La inscripción es para latinoamericanos gratuita, y hay precios reducidos para quienes en verdad lo necesiten (http://www.stopthedrugwar.org/sombras/inscripcion-gratis.html). También podríamos tener becas disponibles para costear algunos viajes. Por favor, inscríbete ahora y dinos cuánto costaría tu traslado, trataremos de hallar financiamiento para ti. Por favor, haz una donación si es posible, para que podamos ofrecer más becas y traer a más latinoamericanos a esta conferencia (http://www.stopthedrugwar.org/shadows/donate.html). Tu pago de inscripción va a financiar igualmente esas becas -- por favor, inscríbete hoy mismo.

Comité organizador:

Gustavo de Greiff, ex fiscal general de la nación, Colombia, Presidente
Jaime Malamud, ex fiscal general de la nación, Argentina
Mario Menéndez, director del diario Por Esto!, México
Marco Cappato, miembro del Parlamento Europeo, Lista Bonino, Italia
John Gilmore, Estados Unidos
Director del equipo de la conferencia: David Borden, DRCNet, Estados Unidos
Asesor voluntario en medios: Al Giordano, NarcoNews.com

Contacta StopTheDrugWar.org: the Drug Reform Coordination Network (DRCNet) en: P.O. Box 18402, Washington, DC 20036, voz: (202) 362-0030, fax: (202) 362-0032, [email protected]

3. Newsbrief: New Zealand MP Tanczos Cleared in Marijuana Probe

New Zealand police announced December 19 that their investigation of Green Party Member of Parliament (MP) Nandor Tanczos was over and that the complaint against him would be dismissed. Tanczos, a Rastafarian and New Zealand's leading cannabis reformer, was targeted for police investigation by right-wing New Zealand First MP Craig McNair, who complained in September that Tanczos continued to smoke cannabis while an MP. (See our interview with Tanczos at http://www.drcnet.org/wol/258.html#nandortanczos for further background.)

In a letter to McNair released to the public, Wellington Detective Inspector Harry Quinn wrote that there was not sufficient evidence to prosecute Tanczos. "Inquiries have been made into your allegations, and a review of that information has been conducted. As a result, Wellington police have concluded that no criminal offending can be established to requisite standard on the evidence presently available."

Quinn told the New Zealand Herald that Tanczos was interviewed by police about his past statements about cannabis use. "Mr. Tanczos was cooperative, but asserted his legal rights not to answer questions relating to his personal cannabis use," Quinn said. "Publicly stating you plan to use cannabis in the future is not an offense," he added.

Green Party leaders called the failed complaint a "pathetic, vindictive little joke," according to the Herald. They added that the episode highlighted the need to reform the island nation's cannabis laws. "Already police have wasted too many hours investigating what was never anything but a frivolous publicity stunt. The complaint was laid almost three months ago. How many police hours have been spent on it since September?" asked Green co-leader Rod Donald.

4. Newsbrief: Nevada High Court Voids Meth Drug Ingredient Law

The Nevada Supreme Court ruled unconstitutional a state law that criminalized the possession of various substances used in the manufacture of methamphetamine. The December 20 ruling came in two cases where the defendants were charged with possession of "a majority of the ingredients" needed to make meth, but the court held that the law was unconstitutionally vague and dismissed both cases.

In August 2000, Kit and Alice Burdg were arrested in Sun Valley after police found flasks, funnels, scales, coffee filters, matches, ephedrine tablets, hydrogen peroxide, acetone and Red Devil dye. A month later, the same Washoe County narcotics unit arrested Stephen Santillanez and Larry Shawn Early after finding iodine, ephedrine, pseudoephedrine, red phosphorus and hydrochloric acid on their property.

In both cases, the defendants were charged under the "ingredients" statute, but District Judge Jim Hardesty agreed with defense lawyers that the law was so vague as to be impermissible under the Nevada constitution and dismissed the cases. Washoe County prosecutors appealed, but the state Supreme Court agreed with Hardesty.

The court held that the law "is facially vague because it infringes on constitutionally protected conduct, is incapable of any valid applications, fails to provide sufficient notice of the prohibited conduct, and encourages arbitrary and discriminatory enforcement." But the court also voided the law because it failed to require police to prove criminal intent and thus imposes criminal sanctions on otherwise lawful activity. "The statute at issue is missing not only the intent to possess a majority of the ingredients required to manufacture but, more significantly, the intent to possess those ingredients for the purpose of manufacturing a controlled substance."

Experts testifying before the court said many of the suspect ingredients, such as iodine, a common disinfectant, and red phosphorus, the primary ingredient in matches, are common items found in many homes.

5. Newsbrief: "What About the Children?" -- Colorado Bills Target Home Meth Labs

Three bills targeting home methamphetamine labs were unveiled in a ceremony at the Colorado State Capitol on December 17. Touted by Colorado Gov. Bill Owens (R) and enjoying bipartisan support, the three-bill package would increase penalties for parents who manufacture meth in home labs and for businesses that knowingly sell the legal ingredients for the drug's manufacture.

The first bill, sponsored by Rep. Pam Rhodes (R-Thornton), would make it felony child abuse to manufacture drugs in a home with children. While the bill is portrayed as an anti-meth measure, there are no indications from press reports whether it is limited to methamphetamines -- or whether it could be used to persecute someone growing a marijuana plant. (The bills are not yet posted at the Colorado legislature web site.) Under the proposed new law, violators would face a prison sentence of four to 12 years.

The second bill, sponsored by Rep. Cheri Jahn (D-Wheat Ridge) and Sen. Ken Arnold (R-Westminster), would make it easier for state authorities to remove children from the homes of suspected meth cooks. The proposed new law would allow prosecutors to charge meth-cooking parents with child neglect in civil -- rather than criminal -- court, thus lowering the burden of proof required for the state to seize children.

The third bill, sponsored by Rep. Tim Fritz (R-Loveland) and Sen. Jim Dyer (R-Centennial), would make it a misdemeanor to "knowingly" sell chemicals used to make methamphetamine. But because the ingredients for meth-making are so common, it may prove difficult to win convictions, officials conceded at the news conference announcing the package.

According to state officials at the news conference, the number of meth lab busts in Colorado has increased from 150 in 1999 to 264 in 2000 and 452 last year. They expected the number for this year to follow the upward trend, they said.

6. Newsbrief: Ohio Supreme Court Backs Workers in Workers' Comp Drug Test Ruling

On a 4-3 vote, the Ohio Supreme Court has struck down a state law that said people seeking workers' compensation benefits must prove that drugs or alcohol found in their systems did not cause their injury. Prior to the law, enacted in 2000, employers had to prove that drugs or alcohol caused the injuries if they wanted to contest worker's comp claims. The 2000 law also mandated that workers who refused to take drug tests would be considered to have tested positive.

But a narrow majority of the state Supreme Court found that the law violated protections against "unreasonable seizures" in both the Ohio and the US constitutions. "The right at stake, to be free from unreasonable searches, is so fundamental as to be contained in our bill of rights," wrote Justice Pfiefer for the majority.

The new law did not fit within US Supreme Court guidelines for what justifies "suspicionless searches," Pfiefer wrote. "It is not directed at a segment of the population with drug use known to be greater than that of the general population. It does not target a segment of industry where safety issues are more profound than in other industries. The searches allowed involve everyone who works in Ohio," Pfiefer continued.

The ruling will make it more difficult for employers to challenge workers' compensation claims filed by workers who tested positive for alcohol or drugs. According to the Toledo Blade, business groups were "infuriated" by the ruling. The Blade reported that Republicans and business interests may try to pass the same law again this year in the hope that a newly constituted Ohio Supreme Court -- tilted more heavily toward the GOP after the November elections -- would rule differently.

7. Newsbrief: Brit MP Calls for Drug Testing 10-Year-Olds, Comments Came in Debate Over Criminal Justice Bill

The British Labor government's effort to remake the criminal justice system in its pending Criminal Justice Bill is sparking demands for an ever tougher approach to juvenile crime. On December 17, Tory Member of Parliament Graham Allen one-upped everybody by calling for the drug testing of children as young as 10 by police.

The Labor bill calls for lowering the age of testing from 18 to 14. Only children suspected for other crimes would be arrested. But 14 isn't nearly young enough, said Allen, who serves on the parliamentary committee that began examining the bill this week.

"The focus has been on the civil liberty aspects of the bill -- my concern is the civic freedom of intimidated witnesses, innocent victims, and frightened citizens," he told the BBC News. "There are young people in my constituency who, by age 14, are 'old hands' to drugs and well known to local police. Drug testing of arrested children should begin at 10. After all, 10 is the age for criminal responsibility."

In addition to lowering the age of drug testing, the bill has also come under attack for its proposals to allow double jeopardy prosecutions and to allow prosecutors to reveal the criminal convictions of defendants at trial -- both reversals of longstanding British common law.

8. Newsbrief: This Week's Corrupt Cop Story

This week's honors go to 14-year Drug Enforcement Administration (DEA) veteran Emilio Calatayud, who was sentenced to 27 months in prison on December 16 after pleading guilty to selling information about private citizens that he obtained from law enforcement databases. In his plea agreement last August, Calatayud admitted providing the information to Triple Check Investigative Services, a private company that investigated workers' compensation claims. The DEA vet provided information in at least 100 cases and earned at least $22,500 over six years for his extracurricular services, according to court records.

Calatayud pulled the information from three computer systems which he accessed in the course of his duties: The FBI's National Crime Information Center (NCIC), which has national records of arrests, convictions and outstanding warrants; the California Law Enforcement Telecommunications Systems (CLETS), a statewide system that compiles arrest records, fingerprints, and motor vehicle records; and the Narcotics and Dangerous Drug Information System (NADDIS), the DEA's own baby, which a Justice Department web page brags has a records on "over 3,500,000 individuals, businesses, vessels, and selected airfields."

Calatayud should have known better than to freelance using official records for unseemly purposes -- that's the government's business.

9. Newsbrief: US-Trained Thai Drug Unit Pulls Back From Burmese Border

The Thai Army's Task Force 399, an anti-drug unit trained by US Special Forces, is being relieved of its anti-drug activities, according to a report in the Bangkok Post. The report quoted Thai Defense Minister Thammark Isarangkura na Ayudhaya as saying Wednesday that the unit was being pulled back for budget reasons and to ease tensions with neighboring Burma (known by the military dictatorship as Myanmar).

Task Force 399 has been deployed along the Burmese border since it was formed in early 2001 to attempt to slow the flow of heroin and methamphetamines from Burmese territory into Thailand. In May, Burmese authorities accused Thailand of sending the task force across the border under the pretext of fighting drug traffic. The Thai government denied the accusation, but shortly thereafter Defense Minister Gen. Chavalit Yongchaiyudh abruptly pulled the troops back and cancelled ongoing exercises along the border.

The Thai government has been trying to mend fences with Burma, but some in the Thai military are advocating more aggressive measures against the drug traffic from Burma, the Post reported. Looks like they've lost for now.

10. Newsbrief: Columbia, Missouri, Marijuana Petition Has Enough Signatures

A petition drive led by University of Missouri-Columbia students to place an initiative on the city ballot in April has handed in more than double the amount of signatures needed, the Columbia Daily Tribune reported on December 19. Organizers handed in 2,600 signatures and estimate that 1,700 of them are valid based on a comparison with the Boone County clerk's list of registered voters. They need 1,191 valid signatures to qualify for the ballot.

The initiative will urge the Columbia City Council to pass an ordinance that would direct everyone charged with possession of less than 35 grams of marijuana to municipal court. The measure also calls for punishment to be limited to small fines and for the dismissal of charges against people who use marijuana for medical reasons under a doctor's care.

The effort was partly inspired by the Higher Education Act's (HEA) anti-drug provision, lead petitioner Sarah Duff told the Daily Tribune. Sending minor offenders to municipal court instead of state court would allow them to avoid the HEA's federal aid ban on students with drug convictions, she said. The HEA drug provision applies only to federal and state convictions.

For the last 17 years, Columbia has had an ordinance given police the option of writing a municipal summons for people possessing 35 grams or less, but Police Chief Randy Boehm has since 1999 issued summonses only for people caught possessing five grams or less. Boehm told the Daily Tribune he would not support any measure that would take away discretion from police or prosecutors. "My definition of what is serious and what is minor may be different from [the petition organizers]," Boehm said. "But I don't think the system is broken."

"We hope the Columbia City Council will recognize that this proposal makes sense from virtually every perspective," countered Duff. "It will bring about more consistent application of the laws against marijuana possession while allowing those who are or hope to become students the opportunity to continue their education. We're just going to deal with the people who violate the law in a more effective manner," she said. "Jail doesn't work. It's just about time we come to grips with this."

It looks like Columbia voters will have that chance in April.

11. Newsbrief: Tampa Ordinance Would Criminalize "Drug Dealer Behavior"

Tampa City Councilman Bob Buckhorn has presented a proposed ordinance to the city council that would criminalize the behavior of drug dealers. Under the ordinance, such activities as flagging down people, exchanging packages on the street, or getting in and out of cars on the same block would be enough to get someone arrested.

This is in marked contrast to current law, under which, a deadpan Tampa Tribune noted, "officers must actually see the drug deal happen."

The proposal is endorsed by police and some council members and is similar to a 1999 ordinance barring suspects in prostitution stings from asking undercover officers to expose themselves. That law was thrown out by Hillsborough County judges, but upheld on appeal.

Other council members fear legal challenges to a drug dealer behavior ordinance, but Council Chairman Charlie Miranda called it a "good move."

The council is scheduled to vote on the ordinance on January 16.

12. Newsbrief: Drug Checkpoints at West Virginia NORML Rally Draw Lawsuit

Official harassment of people on their way to a event sponsored by the National Organization for the Reform of Marijuana Laws (NORML) in Barbour County, West Virginia, in July 2001 has resulted in a lawsuit against the West Virginia State Police and the Barbour County Sheriff's Department. The lawsuit, filed on December 19 by West Virginia ACLU attorneys on behalf of two men who were stopped and searched at a checkpoint near the NORML meeting, charges that West Virginia law enforcement authorities violated the right of free assembly and due process protections.

Thomas Thacker and Brett Gasper were among attendees at the NORML function who were stopped and subjected to drug-sniffing dogs while on their way to the event. "I was asked if my car could be searched, and when I said no, the drug dogs were brought on the scene to pressure me to waive my constitutional rights," said Gasper in an ACLU press release. "I don't like drugs, and I especially don't like big German Shepherds in my face, or dirty looks from policeman or insinuating remarks from the same."

State troopers and sheriff's deputies ran the drug checkpoint "in a manner that singled out and discriminated against NORML members, supporters and other festival attendees," charged the lawsuit. The lawsuit also charged that the roadblocks were set up to investigate criminal activity (as opposed to improving public safety like sobriety checkpoints) and thus required individualized suspicion before of such activity before searches would be allowable.

Thacker and Gasper are seeking an injunction to bar similar checkpoints in the future, as well as compensation and punitive damages. Neither was arrested.

"Members of law enforcement shouldn't have to violate the law to enforce the law," said West Virginia ACLU director Andrew Schneider.

13. Online Petition Launched Supporting MEPs' Call for Ending Prohibition

Last week DRCNet reported that 108 Members of the European Parliament (MEPs), one-sixth of the Parliament, had signed a letter calling for an end to drug prohibition and a review of prohibitionist policies during the upcoming United Nations drug summit in Vienna in April 2003 (http://www.drcnet.org/wol/268.html#108meps).

Marco Cappato, the MEP who coordinated the letter, announced this week that there is now an online petition that allows individuals to endorse the MEPs call as well. Visit http://www.radicalparty.org/lia_paa_appeal/ to add your voice to the global call for ending drug prohibition!

14. Media Scan: Montreal Compassion Club, Impact Press on Marijuana Legalization

Montreal Compassion Club Case Stayed:
http://www.cbc.ca/clips/ram-newsworld/wilson_stmaurice021219.ram
and
http://mapinc.org/cancom/3421c064-0605-454b-9e9a-0917a29251f1

"Over-Priced Musings: Marijuana Inches Closer to Legalization":
http://www.impactpress.com/articles/decjan03/pflaster12103.html

15. DC Job Opportunities at DRCNet

DRCNet is accepting resumes from applicants for two jobs:

1) Campus Coordinator, full-time position working on the campaign to repeal the HEA drug provision (http://www.RaiseYourVoice.com). The ideal candidate will be a recently graduated college drug reform activist, but others will be considered. This position will involve non-stop high energy work contacting student organizations and student government leaders around the country, as well as basic maintenance of the campaign web site and database, speaking with campus media, tracking drug provision impact data and other tasks.

2) Membership Coordinator, an hourly position whose hours will vary but which will often tend toward full-time. This position involves data entry, credit card and check processing, generation of thank you letters, ordering and shipping of membership premium items (e.g. books, t-shirts), and related tasks. The membership coordinator must have an exacting level of attention to accuracy and detail, and be reliable, organized, consistent and available on a daily or near-daily basis. This position will commence with training during the first week of 2003.

Please send resumes via e-mail to [email protected] or fax to (202) 293-8344, attn: David Guard.

16. The Reformer's Calendar

(Please submit listings of events concerning drug policy and related topics to [email protected].)

December 28, 2:00-4:00pm, Laguna Beach, CA, drug war protest. At Main Beach and Coast Highway, visit http://www.november.org or contact Rachel Morton at (949) 494-5327 or [email protected] for further information.

December 31, 1:30pm, Camden, NJ, Ed Forchion (NJ Weedman)'s Habeas Corpus hearing. At the US District Court, 1 John F. Gerry Plaza, contact [email protected] or [email protected] for further information.

January 9-18, Brazil, healing retreat with Silvia Polivoy, Rick Doblin and others. Visit http://www.ayahuasca-healing.net for information, or e-mail [email protected].

January 15, 2003, 5:30-7:30pm, San Francisco, CA, "The Politics of Pain." Forum sponsored by the Drug Policy Alliance and the San Francisco Medical Society, 1409 Sutter St. (at Franklin). RSVP to (415) 921-4987 or [email protected], contact Steve Heilig at (415) 561-0870 for further information.

January 19, 2003, Winston-Salem, NC, conference on the effects of drug prohibition. At the Winston-Salem Unitarian-Universalist Fellowship, Robinhood Rd., contact [email protected] for info.

January 20-30, Brazil, healing retreat with Silvia Polivoy. Visit http://www.ayahuasca-healing.net for information, or e-mail [email protected].

February 11, 2003, Bradford, PA, Eric Sterling speaks on "Origination of Mandatory Minimum Sentencing Laws and What We Can Do Instead." At the University of Pitt at Bradford, organized by Reconsider: Forum on Drug Policy. Visit http://www.reconsider.org for information or contact Mike Smithson at (315) 488-3630 or [email protected].

February 12-15, Mérida, Yucatán, Mexico, "Out from the Shadows: Ending Drug Prohibition in the 21st Century," sponsored by the DRCNet Foundation in partnership with organizations around the world. Visit http://www.stopthedrugwar.org/shadows/ or e-mail [email protected] for further information.

March 12, 2003, Charleston, SC, Dr. Gene Tinelli speaks on "Alternatives to Punishment in the War on Drugs." Part four of a four part series, at the College of Charleston, organized by Reconsider: Forum on Drug Policy. Visit http://www.reconsider.org for information or contact Mike Smithson at (315) 488-3630 or [email protected].

April 6-10, 2003, Chiangmai, Thailand, "Strengthening Partnerships for a Safer Future," 14th International Conference on the Reduction of Drug-Related Harm, sponsored by the International Harm Reduction Coalition in partnership with the Asian Harm Reduction Network. For further information, visit http://www.ihrc2003.net or contact [email protected] or (6653) 223624, 894112 x102.

April 17-19, 2003, San Francisco, CA, 2003 NORML Conference. Details to follow, visit http://www.norml.org for information.

June 7-11, 2003, Denver, CO, 23rd National Convocation of Jail and Prison Ministry. Visit http://www.travel.to/theconvocation/ or contact Sr. Carleen Reck at [email protected] for information.

November 5-8, 2003, East Rutherford, NJ, biennial conference of Drug Policy Alliance. At the Sheraton Meadowlands Hotel and Conference Center, 2 Meadowlands Plaza, visit http://www.drugpolicy.org for further information.

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