Drug War Chronicle #1061 - April 11, 2019

The War on Cocaine Only Strengthens Drug Cartels, Study Finds [FEATURE]

If you've spent nearly a half-century and $250 billion trying to stop the flow of cocaine into the US and the white powder is now cheaper and more plentiful than ever, maybe it's time to rethink. That's the implicit lesson lurking behind a new study on the impact of drug interdiction efforts on drug trafficking organizations.

Interdiction is the supply side approach to reducing drug use. Rather than reducing demand through education, prevention, and treatment, interdiction seeks to reduce the supply of drugs available domestically by blocking them en route to the US or at the border.

Published in the Proceedings of the National Academy of Sciences and conducted by scientists from a half-dozen American universities, the study relied on a computer model called NarcoLogic that shows how drug traffickers respond to interdiction strategies and tactics. More sophisticated than previous attempts to simulate the drug trade, NarcoLogic models local- and network-level trafficking dynamics at the same time.

"Our team consists of researchers who worked in different parts of Central America during the 2000s and witnessed a massive surge of drugs into the region that coincided with a reinvigoration of the war on drugs," David Wrathall of Oregon State University's College of Earth, Ocean and Atmospheric Sciences said in a press release announcing the research results. "We asked ourselves: did drug interdiction push drug traffickers into these places?"

The short answer is yes, and that has implications that go far beyond drug policy. The Central American migrants who are at the center of the current "border crisis" are fleeing not only poverty but also high levels of violence generated by the movement of Mexican drug trafficking groups into the region a decade ago as they faced increasing interdiction efforts at home and from US authorities.

In fact, although it is not addressed in this new research, it was earlier interdiction efforts aimed at Colombian cocaine trafficking groups in the 1980s that led directly to the transformation of formerly small-scale Mexican cross-border smuggling organizations into the Frankenstein's monster of drug prohibition that the cartels are today. With the Colombians under intense pressure, Mexican traffickers rose to the occasion and have been making billions of dollars a year ever since.

This despite five decades of US interdiction efforts with an average annual expenditure of $5 billion. Instead of curbing the flow of cocaine into the United States, all that has been accomplished is making the drug trafficking operations more widespread and harder to eradicate. Putting pressure on one route or location simply leads traffickers to scatter and regroup. This is the "balloon effect," where suppressing traffic or production in one area prompts it to pop up elsewhere, and the "cockroach effect," where traffickers simply decentralize their operations.

"Between 1996 and 2017, the Western Hemisphere transit zone grew from 2 million to 7 million square miles, making it more difficult and costly for law enforcement to track and disrupt trafficking networks," Wrathall said. "But as trafficking spread, it triggered a host of smuggling-related collateral damages: violence, corruption, proliferation of weapons, and extensive and rapid environmental destruction."

And for all that effort, the impact on cocaine price and availability has been negligible -- or even perverse.

"Wholesale cocaine prices in the United States have actually dropped significantly since 1980, deaths from cocaine overdose are rising, and counterdrug forces intercept cocaine shipments at a low rate. More cocaine entered the United States in 2015 than in any other year," Wrathall said. "And one thing people who support interdiction and those who don't can agree on is that change is needed. This model can help determine what that change should look like."

The main takeaway from the study is not that drug trafficking became more widespread and resilient because of ineffective interdiction efforts, but because of interdiction itself. The policy aimed at suppressing the drug trade has only made it stronger and wealthier.

"The study is a victory for observation and theory. This model successfully recreates the dynamic our team had observed," Wrathall said. "It tells us that increased interdiction will continue to push traffickers into new areas, spreading networks, and allowing them to continue to move drugs north."

Maybe it is time to try something different.

This article was produced by Drug Reporter, a project of the Independent Media Institute.

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Medical Marijuana Update

Florida battle brews over limiting THC in smokable marijuana, Michigan's unlicensed dispensaries get at least a temporary reprieve, Oregon growers get a heads up from regulators, and more.

Arizona

Arizona Prosecutor Still Prosecuting Medical Marijuana Patients, ACLU Charges. The Maricopa County Attorney's Office under ardent marijuana foe Bill Montgomery is continuing to prosecute medical marijuana patients for extracts even as the legality of that move is being litigated before the state Supreme Court. The state law is unclear on whether extracts and hashish are covered, but such products are widely available in the state, and the ACLU wrote to Montgomery that he needs to quit prosecuting patients "for possessing cannabis products sold at state-licensed dispensaries."

Florida

Florida House Committee Votes to Limit Strength of Smokable Marijuana. The House Health and Human Services Committee voted last Wednesday to cap the amount of THC allowed in smokable marijuana flowers at 10% despite the objections of patient advocates who noted that much stronger buds are already available on the market. The move comes less than a month after the legislature removed a ban on the use of smokable marijuana.

Florida Judge Rules Patients Have No Right to Grow Their Own. The 1st District Court of Appeals ruled last Wednesday that a Tampa patient does not have the legal right to grow his own medicine. The decision overturns a lower court ruling that held the patient could grow plants to be juiced as part of his treatment for cancer.

Florida House Committee Approves Limits on THC Levels in Smokable Marijuana After Contentious Hearing. Despite the angry complaints of veterans, patients, and activists, the House Appropriations Committee voted 19-7 Tuesday to approve HB 7117, which would cap the amount of THC in smokable marijuana at 10%, far under the levels normally found in commercially available marijuana. The bill now heads for a House floor vote, but prospects for passage aren't good because the Senate has yet to see a companion bill and the session ends in less than two months.

Michigan

Michigan's Unlicensed Dispensaries Can Stay Open for Now. Unlicensed dispensaries that were set to be shut down by March 31 can continue to operate as attorneys for the businesses meet with state regulators seeking to reach an agreement that will allow the 50 shops to stay open. Regulators had planned to send out cease and desist letters at the beginning of this month, but a Court of Claims judge has blocked that action -- at least until another court hearing set for next Thursday.

Missouri

Missouri Regulators Release Additional Draft Rules. The state Department of Health and Senior Services has released more draft rules for the state's medical marijuana program. The new draft rules for facility evaluation criteria and medical marijuana testing facilities can be viewed here. Draft rules must be finalized by June 4.

New Mexico

New Mexico Governor Signs Omnibus Medical Marijuana Bill. Gov. Michelle Lujan Grisham (D) has signed SB 406 into law. The bill makes broad changes in the state's medical marijuana program, including allowing medical marijuana in schools and allowing licensed manufacturers to process home-grown marijuana. And it allows for reciprocity with other medical marijuana states and protects workers who are medical marijuana patients.

Oregon

Oregon Medical Marijuana Growers Warned to Report Inventory. The Oregon Medical Marijuana Program has warned medical marijuana growers that they need to come into compliance with inventory reporting requirements or face stiff penalties. The program issued a bulletin reminding growers they need to use the Oregon Medical Marijuana Online System (OMMOS), and that they must report their onsite marijuana inventory and any sales.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

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This Week's Corrupt Cops Stories

A North Carolina deputy tries to set up his ex-grlfriend's new boyfriend, a former Texas cop heads to federal prison for helping a "rip crew" steal loads of dope, and more. Let's get to it:

In Wadesboro, North Carolina, an Anson County sheriff's deputy was arrested last Wednesday for planting drugs in the car of his ex-girlfriend's new boyfriend. Deputy David Scott Burroughs went down after coworkers grew suspicious when he told them he was getting anonymous tips about the man dealing drugs out of his car. That was last Sunday. Last Wednesday, when police stopped the vehicle, the drugs were still there, adding to suspicions it was a set up. The department then contacted the State Bureau of Investigation, which found that Burroughs had purchased heroin and meth and planted them in the vehicle.

In Virginia Beach, Virginia, a former Chesapeake County sheriff's deputy pleaded guilty last Tuesday to smuggling drugs and other contraband into the city jail. Jenis Leroy Plummer, 34, admitted smuggling heroin, cocaine, e-cigarettes, cellphone batteries, and even superglue into the lockup. The superglue was used to help an inmate hide contraband inside his mattress. He's looking at up to 20 years in federal prison.

In Columbus, Ohio, a former state prison guard pleaded guilty last Wednesday to smuggling drugs and tobacco into the Belmont Correctional Institution in St. Clairsville. Alfred Horvath, 38, was paid hundreds of dollars by people outside the prison to sneak drugs and tobacco inside for use by prisoners. He copped to one count of conspiracy to distribute and to possess with the intent to distribute.

In Brownsville, Texas, a former Donna ISD police officer was sentenced Tuesday to 130 months in federal prison for assisting a "rip crew" that conducted fake traffic stops on vehicles loaded with drugs so the crew could steal the goodies. Juan Fernando Mata, 40, had pleaded guilty to conspiracy to possess with intent to distribute more than 100 pounds of marijuana in January.

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Chronicle AM: CA Cities Sue State Over Pot Deliveries, Fed Bill Targets Chinese Fentanyl, More... (4/8/19)

A Hawaii decriminalization bill nears passage, some California cities are suing the state over being forced to allow marijuana deliveries, the 3rd Circuit clarifies the law on intent to distribute, and more.

Marijuana Policy

California Cities That Restrict Marijuana Sales Sue State Over Allowing Deliveries. Twenty-four cities that ban legal marijuana sales filed suit against the state last Thursday, arguing that allowing home deliveries in those locales violates the state's marijuana laws. The lawsuit comes after the California Bureau of Cannabis Control adopted a rule in January that permits state-licensed companies to deliver marijuana in cities that ban pot shops.

Florida Legalization Bill Killed. A bill that would have legalized marijuana in the Sunshine State is dead. HB 1117, filed by Rep. Carlos Guillermo Smith (D) was killed in the House Judiciary Committee, where, he said, "It got no hearing, no debate, no vote. Just like they always do."

Hawaii Senate Committee Approves Decriminalization Bill. The Senate Ways and Means Committee has approved a bill that would decriminalize the possession of up to three grams of marijuana, HB 1383. The bill has already passed out of the House and two other Senate committees and now heads for a Senate floor vote. If it passes there, it will then go to a conference committee to iron out differences between the House and Senate versions of the bill.

North Dakota Legalization Initiative Organizers to Try Again in 2020. Legalize ND, the folks behind the failed 2018 legalization initiative, will be back in 2020, the group said last Thursday. Organizers said they hoped to have initiative language in place by mid-summer. The new measure will include possession limits, growing limits, taxes on sales, banning of edible gummies, packaging and licensing requirements and wouldn't allow any type of advertising of products.

Medical Marijuana

New Mexico Governor Signs Omnibus Medical Marijuana Bill. Gov. Michelle Lujan Grisham (D) has signed SB 406 into law. The bill makes broad changes in the state's medical marijuana program, including allowing medical marijuana in schools and allowing licensed manufacturers to process home-grown marijuana. And it allows for reciprocity with other medical marijuana states and protects workers who are medical marijuana patients.

Prosecution

Third Circuit Tosses Heroin Dealer's Conviction, Clarifies Law on Intent to Distribute. The US 3^rd Circuit Court of Appeals has thrown out the conviction of a heroin dealer, ruling that a conviction for intent to distribute 1,000 grams or more of heroin must be based on evidence that the defendant possessed or distributed that quantity at a single time and not based on adding up several smaller possessions and distributions during the indictment period.

Foreign Policy

Bipartisan Bill Targets China Over Fentanyl. Sens. Chuck Schumer (D-NY) and Tom Cotton (R-AR) led a bipartisan group of senators in filing a bill that would slap sanctions on China if it fails to live up to its recent promise to regulate fentanyl as a controlled substance. The Fentanyl Sanctions Act allots $600 million to law enforcement and intelligence officials to identify producers and traffickers of the drug and would block access to US markets for Chinese chemical and pharmaceutical companies if they are caught producing the drug.

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Chronicle AM: CO Drug Defelonization Bill Advances, CT Legalization Bills Advance, More... (4/9/19)

A drug defelonization bill advances in Colorado, marijuana legalization bills advance in Connecticut, Oregon medical marijuana growers are put on notice, and more.

Marijuana Policy

Colorado Social Consumption, Marijuana Delivery Bills Advance. The House Finance Committee narrowly approved a pair of bills aimed at expanding access to legal marijuana Monday. HB 1230 would require the Marijuana Enforcement Division to create a licensing system for social marijuana consumption, while HB 1234 would allow delivery of medical marijuana only for the first year, expanding to the legal adult market in year two. The social consumption bill now goes to the House Appropriations Committee, while the delivery bill head for a House floor vote.

Connecticut Legalization Bill Package Advances. The Judiciary Committee approved a trio of bills Monday that would legalize marijuana and expunge old pot convictions. SB 1085 is the main legalization bill, while SB 1089 would ensure that employers could mandate marijuana could not be smoked at a workplace and HB 7372 would establish an equivalent of a DUI test for driving under the influence of marijuana.

Medical Marijuana

Missouri Regulators Release Additional Draft Rules. The state Department of Health and Senior Services has released more draft rules for the state's medical marijuana program. The new draft rules for facility evaluation criteria and medical marijuana testing facilities can be viewed here. Draft rules must be finalized by June 4.

Oregon Medical Marijuana Growers Warned to Report Inventory. The Oregon Medical Marijuana Program has warned medical marijuana growers that they need to come into compliance with inventory reporting requirements or face stiff penalties. The program issued a bulletin reminding growers they need to use the Oregon Medical Marijuana Online System (OMMOS), and that they must report their onsite marijuana inventory and any sales.

Sentencing Policy

Colorado House Panel Advances Drug Defelonization Bill. The House Finance Committee has approved HB19-1263, which would change the penalty for drug possession offenses from felonies to misdemeanors. The bill was approved by the House Judiciary Committee last week. The bill now goes to the House Appropriations Committee.

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Chronicle AM: Trump AG Open to States Setting Pot Policy, Federal Reentry Bill Filed, More... (4/10/19)

Trump's attorney general is down with letting states decide their own pot policies, New York City bans most pre-employment drug testing for marijuana, a federal bill to increase educational opportunities for prisoners gets filed, and more.

Marijuana Policy

Attorney General Barr Says States Rights Marijuana Bill Better Than Status Quo. In remarks before the Senate Appropriations Committee Wednesday, Attorney General William Barr said he would rather Congress pass a bill allowing states to legalize marijuana than continue with the status quo, where federal law conflicts with legalization in a number of states. Asked about the STATES Act, which would protect legal marijuana states from federal interference, Barr said he preferred marijuana prohibition, but acknowledged that was a losing proposition. "The situation that I think is intolerable and which I'm opposed to is the current situation we're in, and I would prefer one of two approaches rather than where we are," Barr said. "Personally, I would still favor one uniform federal rule against marijuana but, if there is not sufficient consensus to obtain that, then I think the way to go is to permit a more federal approach so states can make their own decisions within the framework of the federal law and so we're not just ignoring the enforcement of federal law."

New York City Council Bans Employers from Drug Testing for Marijuana. The city council on Tuesday passed a bill that would ban most public and private employers from requiring job candidates to undergo a pre-employment test for the presence of THC. There are exceptions for workers in construction, caregiving professions, and law enforcement. "We need to be creating more access points for employment, not fewer," Public Advocate Jumaane Williams said in a release. "It makes absolutely no sense that we're keeping people from finding jobs or advancing their careers because of marijuana use."

Medical Marijuana

Arizona Prosecutor Still Prosecuting Medical Marijuana Patients, ACLU Charges. The Maricopa County Attorney's Office under ardent marijuana foe Bill Montgomery is continuing to prosecute medical marijuana patients for extracts even as the legality of that move is being litigated before the state Supreme Court. The state law is unclear on whether extracts and hashish are covered, but such products are widely available in the state, and the ACLU wrote to Montgomery that he needs to quit prosecuting patients "for possessing cannabis products sold at state-licensed dispensaries."

Florida House Committee Approves Limits on THC Levels in Smokable Marijuana After Contentious Hearing. Despite the angry complaints of veterans, patients, and activists, the House Appropriations Committee voted 19-7 Tuesday to approve HB 7117, which would cap the amount of THC in smokable marijuana at 10%, far under the levels normally found in commercially available marijuana. The bill now heads for a House floor vote, but prospects for passage aren't good because the Senate has yet to see a companion bill and the session ends in less than two months.

Michigan's Unlicensed Dispensaries Can Stay Open for Now. Unlicensed dispensaries that were set to be shut down by March 31 can continue to operate as attorneys for the businesses meet with state regulators seek to reach an agreement that will allow the 50 shops to stay open. Regulators had planned to send out cease and desist letters at the beginning of this month, but a Court of Claims judge has blocked that action -- at least until another court hearing set for next Thursday.

Sentencing Reform

Bipartisan Federal Bill Would Boost Prisoner Reentry. Sen. Mike Lee (R-UT) and two Democratic colleagues, Brian Schatz of Hawaii and Dick Durbin of Illinois, unveiled a bill Tuesday aimed at boosting reentry prospects for newly released federal prisoners. The Restoring Education and Learning (REAL) Act would provide more educational opportunities for federal inmates, including access to college Pell Grants. "The REAL Act removes some federal impediments to allowing prisoners to participate in federal higher education funding, including the Pell Grants. This would allow for more federal inmates to have the opportunity to participate in these programs," Lee said. The REAL Act is endorsed by a number of stakeholder organizations including the NAACP Legal Defense and Educational Fund, the American Correctional Association and the Drug Policy Alliance.

Drug Policy Alliance is a financial supporter of Drug War Chronicle.

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