Law Enforcement: Federal Drug Prosecutions Declined for Past Five Years 6/2/06

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The latest Justice Department data show that federal drug prosecutions have been declining for the past five years, Syracuse University's Transactional Records Analysis Clearinghouse (TRAC) reported this week. Based on the most recent available figures, federal prosecutors filed 1,965 drug cases in January, down 8.7% from the previous month, 8.1% from the previous year, and 39.3% from January 2001. If US Magistrate Courts, which typically handle federal drug misdemeanors, are included, the five-year decline is a smaller 28.8%.

TRAC did not attempt to identify reasons for the decline. Federal white collar crime prosecutions are also down over the five-year period, with a 34.5% decline, and felony immigration prosecutions also dropped by 2.7%. (On immigration prosecutions, however, the number of cases tried in US Magistrate Courts rose by 102%.) Federal firearms prosecutions, on the other hand, increased by 32.5% over the last five years.

The 1,965 federal drug cases filed in January accounted for more cases than weapons and white collar crime combined. There were 761 federal weapons cases filed in January and 517 white collar crime cases. Federal prosecutors also initiated more than 3,000 immigration-related cases, but most of them will be handled by US magistrates.

As befits its role as the federal government's lead drug-fighting agency, the Drug Enforcement Administration (DEA) accounted for 57% of all new prosecutions. Referrals from state and local law enforcement came in second at 12%, followed by the Department of Homeland Security (11%), the FBI (7%), and the Bureau of Alcohol, Tobacco and Firearms (5%).

Federal drug law prosecutions vary by region, but the most recent figures show some surprises. The most federal drug prosecutions per capita in January occurred in the Northern District of West Virginia, with 37 per 100,000 population. An unsurprising second was the Western District of Texas with 26 per 100,000. The rest of the top ten in rank order are the Northern District of Mississippi, the Eastern District of Oklahoma, the Eastern District of Tennessee, Wyoming, South Dakota, Montana, the Eastern District of Missouri, and the Southern District of Alabama. Except for Alabama and its sea coast and Texas and the Mexican border, all of the top ten are rural areas of the country not normally associated with massive drug problems. Except for Western Texas, where smuggling remains a constant, only West Virginia was in the top ten five years ago, coming in at number ten.

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9. Medical Marijuana: South Dakota Initiative Makes the November Ballot
://stopthedrugwar.org/chronicle-old/438/sodak.shtml

South Dakota electoral officials Wednesday certified that a petition drive to place a medical marijuana initiative on the November ballot submitted enough signatures to qualify. Sponsored by South Dakotans for Medical Marijuana, the initiative, if successful, would make South Dakota the 12th state to pass a medical marijuana law, and the first in the Midwest.

The group handed in more than 24,000 signatures on May 2. But because it had to use its existing funds to pay for signature gathering, the group is now broke and asking for contributions.

According to organizers, the initiative would:

  • Protect seriously ill patients -- and their caregivers -- who possess and cultivate limited amounts of marijuana with their doctors' approval from arrest and prosecution by state authorities;
  • Create registry identification cards, so that law enforcement officials will be able to easily tell who is a qualified patient and who is not, and establish penalties for false statements and fraudulent ID cards;
  • Protect doctors from being punished for advising their patients that -- in their sincere professional judgment -- the benefits of the medical use of marijuana for the patient would exceed the risks;
  • Allow patients and their caregivers who are arrested to raise a medical defense in court; and
  • Prohibit the public use of marijuana and driving under the influence of marijuana, among other restrictions.
The South Dakota legislature has refused to act on medical marijuana bills in recent years. Similarly, in the case of Matthew Ducheneaux, a paraplegic Lakota who used marijuana to ease muscle spasms, the South Dakota courts passed on the opportunity to allow the use of a medical necessity defense. Now, the voters will have a chance to have their say.

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Issue #438 -- 6/2/06

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Editorial: We Should Have Such Problems | Book Offer: Burning Rainbow Farm: How a Stoner Utopia Went up in Smoke | Feature: Salvia Under Siege -- Movement to Ban Herbal Hallucinogen Gains Momentum in Statehouses | Feature: SSDP, ACLU Seek Permanent Injunction in HEA Lawsuit, Education Department Moves to Dismiss | Feature: Drug Reformers Take the Third Party Path in Bids for Statewide Office | Feedback: Do You Read Drug War Chronicle? | Law Enforcement: This Week's Corrupt Cops Stories | Law Enforcement: Federal Drug Prosecutions Declined for Past Five Years | Medical Marijuana: South Dakota Initiative Makes the November Ballot | Harm Reduction: ACLU Wins Victory in Connecticut Needle Exchange Case | Latin America: Mexican Leftist Candidate Calls for More Army in Drug War | Latin America: US Drug War Ally Reelected in Colombia, But Leftist Legalization Advocate Places Second | Latin America: As Venezuela and Bolivia Draw Nearer, Chavez Ponies Up $1 Million for Coca Factories, Research | Europe: Dutch Mayor to Move Coffee Shops to Belgian Border | Web Scan: New Change the Climate Online TV Ad, Journey for Justice Daily Journal, Psychedelics and Medicine, Convict Nation | Weekly: This Week in History | Weekly: The Reformer's Calendar


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