Drug War Chronicle #514 - December 14, 2007

Feature: Pressure Mounts on Congress As Supreme Court, Sentencing Commission Both Act to Cut Crack Cocaine Sentences

Both the US Supreme Court and the US Sentencing Commission acted this week to redress inequities in the sentencing of federal crack cocaine defendants, but changes in sentencing will be only marginal unless Congress acts to amend or undo the minimum sentences it has mandated for crack. Several bills to do so are pending, but Congress has yet to act on them.

Still, the harsh crack cocaine sentencing policies that have been in place for more than two decades took a one-two punch this week. On Monday, the Supreme Court upheld a sentencing decision by a federal district court judge to sentence a crack defendant to a sentence well below the federal sentencing guidelines. The following day, the Sentencing Commission announced that its earlier decision to scale down crack sentences would apply to nearly 20,000 federal inmates doing time on crack charges.

In the Supreme Court, the justices voted 7-2 to allow federal judges discretion to sentence offenders to prison terms well below the punishment range set by federal sentencing guidelines. The ruling came in a pair of cases, Kimbrough v. US and Gall v. US. The decisions offer important guidance to federal judges who have been wrestling with sentencing issues since the Supreme Court in 2005 held that federal sentencing guidelines were no longer mandatory, but only advisory.

In the first case, the trial judge sentenced convicted crack dealer Derrick Kimbrough to 10 years for his drug offense even though the guidelines called for a 14-to-17 1/2 year sentence. That judge called the guidelines "ridiculous" and "clearly inappropriate" when applied to Kimbrough. A federal appeals court in Richmond vacated the sentence, declaring that a sentence so far beneath the guidelines was unreasonable. But the Supreme Court disagreed.

"The district court properly homed in on the particular circumstances of Kimbrough's case and accorded weight to the Sentencing Commission's consistent and emphatic position that the crack/powder disparity is at odds with [the federal sentencing law]," wrote Justice Ruth Bader Ginsburg for the majority.

In her opinion in Kimbrough, Justice Ginsburg noted the ongoing controversy over the crack-powder cocaine sentencing disparity -- it takes 100 times as much powder cocaine as crack cocaine to trigger mandatory minimum sentences -- and wrote that judges could keep that in mind when sentencing crack defendants. "Given all this," she wrote, "it would not be an abuse of discretion for a district court to conclude when sentencing a particular defendant that the crack/powder disparity yields a sentence greater than necessary."

In the second case, Brian Gall had been sentenced to probation for his role in an ecstasy distribution ring while he was a college student. The judge in the case cited Gall's brief participation in the scheme and his law-abiding life since then in departing from the sentencing guidelines, which called for three years in prison. That sentence was vacated by a federal appeals court in St. Louis, which held that Gall's punishment was unreasonably light. The sentencing judge must show extraordinary circumstances to justify such a sentence, the appeals court held. That's not necessary, the Supreme Court held.

"An appellate court may take the degree of variance into account and consider the extent of deviation from the guidelines, but it may not require 'extraordinary' circumstances or employ a rigid mathematical formula," wrote Justice John Paul Stevens for the majority.

The appeals court "failed to give due deference to the district court's reasoned and reasonable sentencing decision," Stevens wrote.

Taken together, the two Monday decision create a new, tougher standard for appeals courts to overturn judges' sentencing decisions. Now, the appeals court must find that a particular sentence is unreasonable and that the judge abused his or her discretion in evaluating the factors that led to that sentence.

"The cases are the clearest and strongest rulings to date that federal trial judges can exercise their discretion to take their sentencing responsibilities seriously again," said Carmen Hernandez, president of the National Association of Criminal Defense lawyers (NACDL). "There is no doubt left that an inappropriate guidelines calculation is open to challenge -- individually, as imposed in a particular case, and categorically, where the Commission has not followed Congress' command that a sentence be 'sufficient, but not greater than necessary.'"

"At a time of heightened public awareness regarding excessive penalties and disparate treatment within the justice system, today's ruling affirming judges' sentencing discretion is critical," said Marc Mauer, executive director of The Sentencing Project. "Harsh mandatory sentences, particularly those for offenses involving crack cocaine, have created unjust racial disparity and excessive punishment for low-level offenses."

"This decision makes it clear that federal judges have a right to vote their conscience and ignore sentencing guidelines that are racist, unfair or cruel," said Bill Piper, director of national affairs for the Drug Policy Alliance. "The ruling will reduce racial disparities in the criminal justice system and hopefully send a message to federal prosecutors that they should stop wasting resources on nonviolent, low-level crack cocaine offenders and focus on taking down organized crime syndicates instead."

On Tuesday, it was the Sentencing Commission's turn to take a whack at crack sentences. In November, the commission amended the crack sentencing guidelines to reduce average sentences from 10 years and one month to eight years and 10 months, but a key question for activists, reformers, and prisoners and their families was whether the change in the guidelines would be retroactive. On Tuesday, the commission announced they would be.

"Retroactivity of the crack cocaine amendment will become effective on March 3, 2008," the commission said. "Not every crack cocaine offender will be eligible for a lower sentence under the decision. A federal sentencing judge will make the final determination of whether an offender is eligible for a lower sentence and how much that sentence should be lowered. That determination will be made only after consideration of many factors, including the Commission's direction to consider whether lowering the offender's sentence would pose a danger to public safety. In addition, the overall impact is anticipated to occur incrementally over approximately 30 years, due to the limited nature of the guideline amendment and the fact that many crack cocaine offenders will still be required under federal law to serve mandatory five- or ten-year sentences because of the amount of crack involved in their offense."

"At its core, this question is one of fairness," said one commission member, Judge William K. Sessions III of the United States District Court in Vermont. "This is an historic day. This system of justice is, and must always be, colorblind."

With retroactivity, some 19,500 currently imprisoned crack offenders will be able to apply for sentence reductions. According to the commission, eligible prisoners can expect an average sentence reduction of 17%, and some 3,800 prisoners will be eligible for but not assured of release by the end of 2008. But, the commission emphasized, reductions will ultimately be up to sentencing judges, who will have wide discretion in deciding who will be granted leniency.

Senator Edward Kennedy (D-MA), chairman of the Health, Education, Labor and Pensions Committee, said he was pleased with the commission's action. "Nearly 20,000 nonviolent, low-level drug offenders will be eligible for a reduction in the excessive prison terms they received in the past because of the unacceptable disparity in the sentencing guidelines between crack cocaine and powder cocaine offenses," Kennedy said. "Those who break the law deserve to be punished, but our system says that punishment must be proportionate and fair. The current sentencing disparity between crack and powder cocaine is neither."

"The Sentencing Commission made the tough but fair decision to remedy injustice, showing courage and leadership in applying the guideline retroactively. Clearly, justice should not turn on the date an individual is sentenced," said Julie Stewart, president and founder of Families Against Mandatory Minimums. "Retroactivity of the crack guideline not only affects the lives of nearly 20,000 individuals in prison but that of thousands more -- mothers, fathers, daughters and sons -- who anxiously wait for them to return home," said Stewart.

But while both the Supreme Court and the Sentencing Commission have acted to reduce the harsh and disparate sentences meted out to crack offenders, congressionally-imposed mandatory minimum sentences for such offenses mean that these actions will only have a marginal impact on the length of sentences and the federal prison population. Only Congress can adjust those mandatory minimum sentences.

As one commission member, Judge Ruben Castillo of the US District Court for the Northern District of Illinois, noted, the commission has recommended since 1995 that Congress act to redress the sentencing disparity. "No one has come before us to justify the 100-to-1 ratio," Judge Castillo said, referring to the provision of federal law that imposes the same 10-year minimum sentence for possessing 50 grams of crack and for possessing 5,000 grams of powder cocaine.

Four bills have been introduced in Congress to reduce the crack/powder cocaine disparity -- two by Democrats and two by Republicans. Two of the bills, introduced by Republican Senators Jeff Sessions from Alabama and Orrin Hatch from Utah, reduce the disparity but do not eliminate it. The third bill, introduced by Democratic Senator Joe Biden from Delaware, would completely eliminate the disparity. The Senate is expected to have hearings on the legislation in February. Democratic Representative Charles Rangel from New York has introduced the only bill on the House side that would eliminate the disparity by equalizing the sentences for crack and powder cocaine at the current level of powder. The Senate is set to have hearings on the issue early next year. No hearings have been scheduled in the House, and supporters of eliminating the disparity say House Democrats are ignoring the issue.

"The biggest obstacle to eliminating the racist crack/powder disparity is not the Bush Administration or law enforcement, it's the House Democratic leadership," said Piper, who noted that House Democratic leaders had reportedly barred committees from dealing with the issue. "While the Supreme Court, the Sentencing Commission and Senate Democrats and Republicans push forward with reform, House Democrats won't even have hearings on the issue. Their silence on this issue is sending a signal to communities across the country that they don't care about reducing racial disparities."

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Feature: Drug Reform Goes to the Big Easy -- The 2007 International Drug Policy Reform Conference, New Orleans

In its biggest show of numbers yet, the drug reform movement gathered in New Orleans last weekend for the 2007 International Drug Policy Reform Conference. More than 1,200 activists, harm reductionists, treatment providers, drug users, law enforcement professionals and government officials came together in this city devastated just over two years ago by Hurricane Katrina to listen to speakers and panels, hob-nob in the hallways, and experience the reality of post-Katrina New Orleans. Panelists and attendees arrived in New Orleans from across the United States, Canada, the Netherlands, Poland, Colombia, Bolivia, Argentina, Mexico, Hungary, Brazil, Finland, Sweden and the United Kingdom.

"There has never been a gathering this big on this issue before," said Drug Policy Alliance executive director Ethan Nadelmann as he greeted attendees on the conference's opening day. "We're trying to build a movement for freedom and justice, science and compassion, and human rights. We're coming from the left and the right, from law enforcement and from being arrested, from those who love their drugs and those devastated by drugs. But we all agree on the conviction that this war on drugs, this policy of punitive prohibition, has got to go," he said to clamorous applause.

The war on drugs is about race, said Nadelmann. "This is all about race -- no, it's mostly about race," he said. "We know who is mostly getting arrested, beaten up, and convicted. If the people behind bars were not black or brown, but white, this policy would change like that," he said, snapping his fingers.

Nadelmann's remarks came on the opening morning of the three-day conference hosted by the Drug Policy Alliance, and co-hosted by Students for Sensible Drug Policy, the Marijuana Policy Project, Law Enforcement Against Prohibition, the American Civil Liberties Union, the Harm Reduction Coalition, and the Criminal Justice Policy Foundation.

Also on the conference's opening day was a speech by Antonio Maria Costa, head of the UN Office on Drugs and Crime, who told a boisterous and sometimes combative audience of drug reformers that while a drug-free world is probably not attainable, it is almost certainly desirable, and that he would continue to work toward that goal. Costa took more flak in a question and answer session immediately following his speech.

The selection of New Orleans for this year's conference was especially appropriate, given the conference's emphasis this year on increasing racial diversity within the movement and the city's tawdry reputation when it comes to criminal justice and drug policy. In addition to attending conference functions, hundreds of conference-goers traveled to the ghost town-like 9th Ward to see first-hand the storm's devastation and the equally devastating lack of reconstruction in the area. Dozens more attended sessions devoted to familiarizing them with drug reform-related issues in New Orleans and meeting with local activists and officials.

Drug offenders are jailed at one of the highest rates in the nation in New Orleans, speakers said. Poverty is high, treatment options are limited, the justice system is in a post-Katrina crisis (as if it were in good shape before the storm), yet the drug war continues to roll along. "The criminal justice system in New Orleans was always in a sad state of affairs, yet very good at making a high number of arrests," said Bruce Johnson of the National Development Research Institute, who is working on an analysis of post-Katrina drug markets.

"We've been known for a long time for having the worst and most corrupt police force in America," said Morris Henderson, an organizer with Safe Streets, Strong Communities, a local community group. "Our police department is making 900 to 1000 arrests a week, but 85% of them are people arrested for paraphernalia or marijuana possession or having one or two rocks of crack," he said. "Our system has been overwhelmed by this approach, and now we have a unique opportunity in this city to change the frame. We're tired of being last in what everybody else wants to be first in. We've been fighting this unjust drug war for 40 years, and it's time for something sensible to be done."

The conference also attracted at least one local congressional candidate, Democrat Gilda Reed, who is running to replace Republican Rep. Bobby Jindal, who vacated the seat to become Louisiana governor. "There is so much going on here," she said in the lobby of the Astor Crowne Plaza Hotel on Canal Street. "It's really quite amazing," she said after meeting with high-powered drug reformers and listening in on sessions Friday afternoon.

Throughout the three-day conference, attendees were treated to a dizzying array of panels, speeches, roundtables, and working sessions on almost every conceivable aspect of drug policy and drug prohibition. On Friday morning alone, conference-goers had to choose between "Who Else Should Be Diverted From Prison," "Prescribing Heroin," "Marijuana and Health: Risks and Benefits," "Beyond Zero-Tolerance: Experience it For Yourself," "Understanding and Preventing Opioid Poisoning: A National Perspective," and "Building Momentum in Congress," before coming together for a plenary session on "Black America: The Debate Within." (See the conference web page for a complete listing of panels, all of which are now available for sale on audio.)

While the drug reform movement has long been criticized (and has long criticized itself) for being overwhelmingly white, organizers this year took pains to make race and the drug war a central issue, and it seemed to make a difference. The number of non-white faces in the crowd, while still a distinct minority, was noticeably larger than at any other national drug reform conference.

During Friday's plenary session, among others, the movement confronted the race issue head on. "We have never effectively dealt with the issue of racism as we should," said the Rev. Edwin Sanders, a leading black clerical voice for drug reform. "Here in the drug reform family, we need some serious conversation about this issue. Sometimes, you don't appreciate the dynamics of power and elitism."

"From the beginning, combating the war on drugs has been about two major principles: the principle of personal autonomy and freedom and the principle of racial equity and justice," said Ira Glasser, former executive director of the ACLU. "The war on drugs violates those principles egregiously. From the beginning, this was a war driven by race. The only prohibition that was ever repealed was that on alcohol, the favorite drug of the white majority," Glasser noted. In the wake of the end of formal segregation, "the war on drugs has become a replacement system for the subjugation of black citizens," he added.

Where are the mainstream civil rights organizations?, asked Nadelmann. "If they were to come here, they would see what's possible and what kind of constituents they truly have. There is such tremendous energy, drive and passion here," he said. "People feel the suffering in their communities, and they recognize that drug policy reform is one of the key ways to go about changing what they are seeing and experiencing."

For black America in general and the hip-hop generation in particular, drug reform activism is only part of a larger struggle, said Dr. James Peterson, a Bucknell University English professor and hip-hop scholar. "Drug policy and drugs in general are part of an interconnected series of challenges for them," he said. "First, there is the prison industrial complex and an aggressive justice policy. We think of over-incarceration in general as being the larger problem. Second, if you consider what crack did to inner city communities, it is difficult to think of drug policy reform rather than the destruction of certain illegal drugs in their communities. Third, gangs and gang related violence, again linked to drugs, but seen as more of a problem. Fourth, the proliferation of guns in general," Peterson said.

And so the long overdue movement conversation on race and racism begins to move within the movement. If something comes of these conversations on race in New Orleans, that will be the 2007 conference's greatest achievement.

[Editor's Note: No single article can accurately encapsulate what went on at the conference. Look for more Drug War Chronicle articles based on what we learned at the conference to appear in coming weeks. Click here for links to more coverage.]

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Feature: Latest Teen Drug Use Numbers Out -- White House Claims Success, Critics Say Not So Fast

The latest annual Monitoring the Future survey of teen drug use was released Tuesday. It showed a continuing gradual decline in overall teen drug use, thanks largely to reduced marijuana and methamphetamine use rates, but a rebound in ecstasy use and increasing popularity of prescription pain relievers. While the White House and the Office of National Drug Control Policy (ONDCP) lauded the findings as validating their anti-drug strategy, that position had plenty of critics.

The MTF survey, now in its 33rd year, is conducted by the University of Michigan's Institute for Social Research. It surveys 50,000 8th-, 10th-, and 12th-graders nationwide.

According to the survey, the proportion of 8th graders using any illicit drug at least once in the past year was 13.2%, down from 14.8% in 2006. Tenth- and 12th-graders reported annual prevalence rates of 28.1% and 35.9%, respectively, both down less than one percentage point from the previous year. Only the reported decrease among 8th-graders was statistically significant.

Among the drugs whose use decreased in the past year were marijuana, amphetamines, methamphetamines, Ritalin, and what MTF referred to as "crystal methamphetamine," or smokable meth, or ice. Pot remains the most popular of all illicit drugs, used within the past year by 10% of 8th-graders, 25% of 10th-graders, and 32% of 12th-graders, but its use among 8th-graders declined a statistically significant 1.4% compared to 2006. Tenth-graders showed a tiny decline, while use remained steady among 12th-graders.

According to MTF, amphetamine use peaked in the mid-1990s and has declined steadily ever since, while crystal meth reached its lowest use levels since 1992 this year. Eight percent of seniors reported using amphetamines in 2007, while 1.6% reported using crystal. Ritalin, a prescription amphetamine used to treat Attention Deficit Hyperactivity Disorder, has seen its use decline gradually since first being measured in 2001. This year, between 2% and 4% of students surveyed reported using it outside medical supervision. Methamphetamine use also continues a slow decline, dropping by about two-thirds in all grades since it was first measured in 1999. Less than 2% of students reported using meth in the past year.

"Because this drug has such great potential for abuse and dependence, we are encouraged to see its popularity wane among teenagers," Johnston said.

But while pot and amphetamine use were down, a number of other drugs held steady, including cocaine, crack cocaine, LSD, other hallucinogens, heroin, other narcotics, Oxycontin specifically, Vicodin specifically, sedatives, and tranquilizers. Fewer than 5% of seniors reported using cocaine or psychedelics, fewer than 2% reported using crack or LSD, and fewer than 1% reported using heroin.

Some 6% of seniors reported using sedatives, and the same number reported using tranquilizers, while 9% reported using narcotics other than heroin. Five percent used Oxycontin, a slight, but statistically insignificant increase since it was first measured in 2002, and 10% of seniors reported using Vicodin. For most of these drugs, use levels are hovering at or near recent peaks.

The one drug showing an increase in use is ecstasy, with 4.5% of seniors reporting using it this year, up from 4.1% last year. But that is still only half the use level reported in 2001, the highest year since reporting started on the drug in 1995.

"These prevalence rates are not very high yet but there is evidence here of this drug beginning to make a comeback," Johnston said. "Young people are coming to see its use as less dangerous than did their predecessors as recently as 2004, and that is a warning signal that the increase in use may continue."

MTF and the Bush administration repeatedly compared this year's figures to those in 1996, when teen drug use was at a recent peak. That made for some impressive claims, such as MTF's that annual prevalence among 8th-graders "was 24% in 1996 but has fallen to 13% by 2007, a drop of nearly half." But the figures are much less impressive when compared to 1991, the first year listed in the MTF survey tables. For all three grades, drug use levels were higher this year than then.

Still, MTF, the president, and his drug czar all saw the glass half full. "The cumulative declines since recent peak levels of drug involvement in the mid-1990s are quite substantial, especially among the youngest students," said University of Michigan Distinguished Research Scientist Lloyd Johnston, the principal investigator of the MTF study.

"The most encouraging statistic relates to the use of methamphetamine, which has plummeted by an impressive 64 percent since 2001," President Bush said. "One exception to this trend is a rise in the abuse of certain prescription painkillers," he added. "This is troubling, and we're going to continue to confront the challenge, and the overall direction is hopeful."

Walters and ONDCP also put the best face possible on the numbers. The agency's web site now boasts a web page touting the findings as vindicating the anti-drug strategy and featuring a series of charts showing drug use declines.

But there were plenty of skeptics. "While it is certainly good news that teen use of illegal drugs appears to be falling, almost this entire decline is because fewer teens are using marijuana," said Bill Piper, director of national affairs for the Drug Policy Alliance. "Teen use of hard drugs like cocaine and heroin has remained steady, and illegal use of many prescription drugs is increasing. The Bush Administration needs to look at the whole picture of students' behaviors and advance pragmatic strategies that hold the health, safety and well being of young people as the bottom line."

While drug use can be problematic, said Piper, responding to it with arrests is not the answer. "Drug abuse and the problems associated with drug addiction can be difficult to recover from but students may never recover from arrest and imprisonment for drug law violations, which generally mean the permanent loss of eligibility for federal student financial aid and serious impediments to employment. The number of people who use illegal drugs fluctuates from year to year, regardless of what the government does. What doesn't change is many Americans' lack of access to effective drug treatment."

The latest numbers reveal "disturbing trends," said the Marijuana Policy Project."This new survey documents the complete, utter failure of current government policies on marijuana," said Aaron Houston, the group's director of government relations, citing higher use levels for most drugs compared to 15 years ago.

Perhaps most disturbing, Houston noted, are misunderstandings regarding the dangers of drugs shown in this survey, particularly among the youngest teens surveyed. For example, 50.2% of 8th-graders saw "great risk" in smoking marijuana occasionally -- more than saw great risk in trying crack or powder cocaine, trying LSD, or in drinking nearly every day. Twelfth graders were more likely to disapprove of occasional marijuana use than of binge drinking (having five or more drinks at one sitting) once or twice every weekend.

"Drug czar John Walters touts minor, short-term improvements, but deliberately ignores the big picture," Houston said. "Over the long haul, teen drug use is up, not down. As a parent, I don't want any kids smoking marijuana. It's truly scary that the White House has convinced millions of teens that drugs that can literally kill them are safer than marijuana. We're pursuing policies whose costs will be paid in lives."

Appalachian State University criminal justice and criminology professor Matthew Robinson, coauthor of "Lies, Damned Lies, and Drug War Statistics," a work highly critical of ONDCP's manipulation of data, also had some choice words for the drug czar. "The recent claims by ONDCP with regard to the 2007 MTF study are misleading and do not tell the whole story about youth drug use in America," he said.

"First, ONDCP's online summary of the MTF features a very short-term focus from 2001 to 2007," Robinson noted. "As in its annual strategy reports, ONDCP downplays long-term drug use trends. In fact, the ONDCP website depicts only four figures, all showing declines. ONDCP does acknowledge increases in some drugs (e.g. Oxycontin), but it does not depict these increases in figures. Instead, as in its Strategy reports, ONDCP highlights drugs like meth and steroids," he said.

"Second, some of ONDCP's claims are misleading. For example, it says Ecstasy use is down 54% since 2001, when in reality it is essentially unchanged since 1996. Since Ecstasy use increased from 1998 to 2001, the long term trend is unchanged."

Even ONDCP's own materials show it is failing to accomplish its mission, Robinson noted. "ONDCP offers a slideshow on its website which summarizes some of the main findings from MTF. The slideshow proves that the drug war has not been effective at reducing drug use among young people over the long term. This is important because ONDCP's Performance Measures of Effectiveness demonstrate that ONDCP intends to consistently reduce drug use, something it has simply not done," he pointed out.

And while some drugs, such as LSD and marijuana showed decreases, Robinson said, more potentially harmful drug use is increasing. "The use of prescription drugs is consistently up among 12th-graders since 1991. While other drugs are down (e.g., LSD), this raises the possibility that young people have not stopped using drugs but rather have just switched to drugs that are lying around in their parents' homes. Ironically, these prescription drugs are more addictive and potentially dangerous to young people. "

Robinson also scolded ONDCP for taking credit even for reductions in alcohol and tobacco use, noting that the office claims its fight against illicit drugs causes such decreases. "Of course, ONDCP offers no evidence that reductions in alcohol use and tobacco use among young people have anything to do with the drug war, and that is because they don't have any," Robinson said. "In fact, the most consistent declines in drug use of all drugs depicted in the slideshow are for tobacco, a drug against which we are not waging a war; instead we are using honest educational campaigns combined with efforts to restrict legitimate businesses from selling tobacco products to kids. It is dishonest and wrong for ONDCP to take credit for these declines. "

The bottom line, said Robinson, is that after forty years of modern drug war, illicit drug use trends are virtually unchanged. "Drugs are just as available now as they were in 1992, in spite of increasing spending every year on the supply side portion of the drug war. In other words, this is just further proof that ONDCP is failing to meet its drug war goals of reducing use and availability of drugs," Robinson charged. "The president of the United States says the war on drugs is fought against an 'unrelenting evil that ruins families, endangers neighborhoods, and stalks our children.' If this is true, ONDCP's drug war is failing to keep this evil at bay. In spite of the spin, its own data prove it."

Come back the same time next year for the next episode of "Spinning MTF."

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Weekly: Blogging @ the Speakeasy

Along with our weekly in-depth Chronicle reporting, DRCNet has since late summer also been providing daily content in the way of blogging in the Stop the Drug War Speakeasy -- huge numbers of people have been reading it recently -- as well as Latest News links (upper right-hand corner of most web pages), event listings (lower right-hand corner) and other info. Check out DRCNet every day to stay on top of the drug reform game!

Since last issue:

Scott Morgan writes: "Drug Czar Makes Absurd Claim That the Drug War Reduces Teen Tobacco Use," "Clinton Staffer Attacks Obama Over Past Drug Use," "Why Doesn't the DEA Just Crack Down on Medical Marijuana?," "U.S. Recommends Early Release for 19,500 Crack Offenders," "Ron Paul Blames Prostitution on the Drug War" and "You Don't Want This!"

David Borden pens:

"A Few Pardons Today -- Meanwhile the Pardon Attorney's Web Site Hasn't Been Updated Since the Clinton Administration." "Crack Sentencing Changes Made Retroactive!," "Is Rep. Dana Rohrabacher a Legalizer?," and "Some Good News from the Supreme Court on Crack Sentencing."

David Guard posts numerous press releases, action alerts and other organizational announcements in the In the Trenches blog.

Please join us in the Reader Blogs too.

Thanks for reading, and writing...

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Students: Intern at DRCNet and Help Stop the Drug War!

Want to help end the "war on drugs," while earning college credit too? Apply for a DRCNet internship for this fall semester (or spring) and you could come join the team and help us fight the fight!

DRCNet (also known as "Stop the Drug War") has a strong record of providing substantive work experience to our interns -- you won't spend the summer doing filing or running errands, you will play an integral role in one or more of our exciting programs. Options for work you can do with us include coalition outreach as part of the campaign to repeal the drug provision of the Higher Education Act, and to expand that effort to encompass other bad drug laws like the similar provisions in welfare and public housing law; blogosphere/web outreach; media research and outreach; web site work (research, writing, technical); possibly other areas. If you are chosen for an internship, we will strive to match your interests and abilities to whichever area is the best fit for you.

While our internships are unpaid, we will reimburse you for metro fare, and DRCNet is a fun and rewarding place to work. To apply, please send your resume to David Guard at [email protected], and feel free to contact us at (202) 293-8340. We hope to hear from you! Check out our web site at http://stopthedrugwar.org to learn more about our organization.

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Law Enforcement: This Week's Corrupt Cops Stories

An Indiana drug task force faces some questions over seized goods, the NYPD can't find some drug evidence, a Texas crime lab tech gets greedy, and so does an Indiana cop. Let's get to it:

In Muncie, Indiana, the Muncie-Delaware County Drug Task Force is under investigation for its asset forfeiture practices. Since at least 1999, the task force has violated a state law requiring that seized assets be deposited in the general fund of the entity under which the task force operates and then transferred to the state of Indiana to be used for education spending. The task force did deposit seized cash in a pair of Muncie general fund accounts, but those accounts were specifically for the task force, state auditors found. Auditors also found that the task force had illegally spent some of the money on charitable donations, as well as a state of the art gym for police. The controversy has sparked some remarkably frank talk from police defending the task force. "The DTF can't survive without dope dealers' money," said Muncie Police Sgt. Jesse Neal said. Because of reductions in federal Byrne grants in recent years, the task force relies heavily on seizures, he said. "We've had to make adjustments, be more aggressive with asset forfeitures, more aggressive targeting bank accounts, vehicles, tangible property, things we can sell in auctions," Neal said. "The money goes for equipment essential to running a drug task force -- vehicles, cell phones, recording devices, guns and vests for the SWAT team, drug dogs."

In New York City, all the drugs seized as evidence in Brooklyn one day in 2006 can't be found. The missing evidence came to light when prosecutors last year called the NYPD lab for drug test results in one case and the drugs couldn't be found. That led to the discovery that none of the drugs seized in 43 cases on October 20, 2006 could be found. Despite a year-long inquiry, officials still cannot say whether the missing drugs were stolen, lost, or thrown away. The drugs were gathered by a police courier who visited Brooklyn precincts on a daily basis to gather up evidence and take it to the lab. According to investigators, the drug evidence indeed made it to the lab, but then seems to have vanished. The investigation continues.

In Houston, a former Texas Department of Public Safety (DPS) technician pleaded guilty Monday to charges he stole cocaine from the DPS crime lab in Jersey Village and resold it over a period of several years. Former DPS tech Jesus Hinojosa, Jr. pleaded guilty to two counts of possession of more than 400 grams of cocaine with intent to deliver. He faces from 15 years to life in prison. Hinojosa went down in February after a peer review of the lab showed that at least 26 kilos of cocaine had been replaced by decoy bricks over the years. One of Hinojosa's co-defendants, Roberto Reynoso, also pleaded guilty today. Reynoso would line up buyers for the stolen cocaine, selling it to them for $11,000 a kilo, well under the going price. Reynoso would keep $1,000 while giving $10,000 back to Hinojosa.

In South Bend, Indiana, a former South Bend police officer has been sentenced to six years in federal prison for extorting drugs and money from a motorist during a traffic stop. Former officer Haven Freeman, 32, pleaded guilty in September to charges of using his official position to unlawfully demand property and to possession of heroin with the intent to distribute. In his plea agreement, Freeman admitted that he stopped a drug supplier's van in summer 2005 after a drug dealer told him it might be carrying a large amount of cash. He displayed his gun and took the supplier's cash and drugs, telling the occupants he would not arrest them if they cooperated.

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Medical Marijuana: DEA Threatens San Francisco Dispensary Landlords, Dispensaries Sue, Conyers to Hold Hearings

In a reprise of a tactic first used against Los Angeles and Sacramento area dispensaries, the DEA this week sent letters to dozens of owners of buildings leased to San Francisco dispensaries warning them that their buildings could be seized. Dispensary operators responded by filing suit in federal court to stop the agency, and a high-ranking congressman has promised to hold hearings on the matter.

Medical marijuana has been legal in California since 1996, and currently, hundreds of dispensaries are operating in the state to provide marijuana to patients qualified under the state's admittedly loose law. DEA raids and federal prosecution have failed to blunt their growth, and the landlord letters are only the latest wrinkle in the agency's war on the will of California voters.

"By this notice, you have been made aware of the purposes for which the property is being used," said a copy of the letter sent to San Francisco landlords, signed by the special agent in charge of the DEA's San Francisco office, Javier Pena. "You are further advised that violations of federal laws relating to marijuana may result in criminal prosecution, imprisonment, fines and forfeiture of assets."

The letter gave no deadlines.

San Francisco once had as many as 40 dispensaries, although only 28 have applied for licenses under a city regulatory process that began in July. But dispensaries may also be linked to other buildings where medical marijuana grows or storage take place.

"The feds do as they please... (and) they've done it before," San Francisco Supervisor Ross Mirkarimi told the San Francisco Chronicle, adding he would not be surprised at a crackdown. "I would only hope they would coordinate with local law enforcement and that they are aware of the new regulatory system we have in place, and are sensitive to it."

Dispensary operators, however, were not quite so sanguine. A previously little known industry grouping, the Union of Medical Marijuana Providers, last week joined the Los Angeles area Arts District Healing Center in filing a federal lawsuit charging the DEA with extorting landlords. The lawsuit seeks an injunction to bar the DEA from sending any more threatening letters.

Dispensary operators and their supporters are also looking forward to hearings on the issue in the House Judiciary Committee. In response to complaints from California, last Friday, committee chair Rep. John Conyers (D-MI) announced he would hold hearings on the issue.

"I am deeply concerned about recent reports that the Drug Enforcement Administration is threatening private landlords with asset forfeiture and possible imprisonment if they refuse to evict organizations legally dispensing medical marijuana to suffering patients," Conyers said in a statement. "The committee has already questioned the DEA about its efforts to undermine California state law on this subject, and we intend to sharply question this specific tactic as part of our oversight efforts."

"When I saw Representative Conyers statement regarding the DEA's abuse of their power in order to thwart California's law, I knew that our legal efforts were beginning to pay off," said James Shaw, executive director of the Union. "The DEA has alienated too many citizens with their heavy-handed 'above the law tactics' for too long. We welcome all the support we can find in our efforts to ensure our rights are protected."

Steven Schectman, the Union's chief counsel, said he has contacted Representative Conyers' office in order to provide his staff copies of the litigation that was filed in both state and federal Court. "I am hopeful we can support the Judiciary Committee in any way possible. As a result of our research and investigation of the DEA's threatening letter campaign, in preparation of our litigation, we have become the most knowledgeable group, outside the DEA, who best understands the scope and import of their tactics. We are here to help."

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Law Enforcement: Snitch in Deadly Atlanta Raid Case Sues

A man who made a career out of snitching on his neighbors for profit is suing the Atlanta Police Department and the city, claiming he lost his job after the November 2006 drug raid that left 92-year-old Kathryn Johnston dead. The professional informant, Alex White, claims police held him for hours against his will, hoping he would help them cover up their misdeeds in the fatal raid.

Atlanta narcotics officers told a judge a confidential informant had told them cocaine was being sold and stored at Johnston's residence, but no such informant existed. They went to White after the fact to try to cook up support for their fable.

A frightened White instead went to the FBI and spent seven months in protective custody while working with federal prosecutors building a case against the three officers involved. All three officers were charged in the case. Two have pleaded guilty to state manslaughter and federal civil rights charges and are set to report to prison this month. A third awaits trial.

White, 25, had made up to $30,000 a year snitching on drug offenders, his attorney, Fenn Little, Jr. told the Associated Press. He is seeking compensation for lost wages as well as punitive damages. White's life has been "essentially ruined" because of the case, and he will now have to find a new line of work, Fenn added.

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Europe: Swiss Parliament Rejects Marijuana Legalization

The Swiss Parliament Monday rejected a proposal to legalize marijuana by a vote of 106 to 70. The vote was on a popular initiative to force a nationwide vote on legalization. Proponents of the measure had handed in 106,000 signatures in January 2006.

Despite the no vote, the measure will still come before the Swiss Senate for debate. It could eventually end up going directly to the voters, where it would need to win an outright majority as well as a majority in over half of the country's 26 cantons.

The Swiss government itself proposed marijuana legalization in 2003, but that measure eventually lost, too, by a closer margin than this year.

The measure was opposed by the center-right majority, whose members argued it would "send the wrong message" to young people. Proponents of the measure, including some members of the centrist Radical Party, as well as Socialists, said keeping marijuana illegal would only fuel the black market while failing to protect minors.

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Death Penalty: Vietnam In Death Sentence Frenzy, 35 Condemned for Drugs in Past Two Weeks

A Vietnamese court sentenced eight people to death for smuggling heroin Wednesday, bringing to 35 the number of people sent to death row for drug trafficking offenses in the past two weeks. This week's death sentences came only days after 11 people were sentenced to death November 29 and four more sentenced to death November 30.

In the most recent case, 26 people were convicted of trafficking 50 kilograms of heroin over an eight-year period, and eight, including the ringleader, a 35-year-old woman, were given the ultimate sanction. Eight others received life sentences, and the rest were jailed for between 15 and 20 years.

In the November 29 case, the Hanoi People's Court sentenced 11 people to death for trafficking 440 kilos of heroin in Vietnam and China, while seven more got life in prison. Others got 20-year sentences. In the November 30 case, a court in the central province of Nghe An sentenced four more people to death and three others to life for trafficking an unspecified amount of heroin.

Southeast Asia and the Middle East are the regions where the death penalty is most frequently inflicted for drug trafficking offenses. Now, Vietnam appears to be making a bid to be the undisputed champion in killing drug offenders. (That, however, didn't stop Iran from hanging four this week too.)

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Web Scan

America, Intoxicated: Conference Tackles Disasters of the Drug War, Silja Talvi on Alternet

Drug Law Reform: Feeling Optimistic, OC Register's Alan Bock

The Death Penalty for Drug Offences -- A Violation of International Human Rights Law, report from the International Harm Reduction Association

Deadly Denial: Barriers to HIV/AIDS Treatment for People Who Use Drugs in Thailand, report by Human Rights Watch and the Thai AIDS Treatment Action Group

Syringe Exchange Programs, 2005 State Health Facts by Kaiser Family Foundation

December issue of Cannabinoid Chronicles, Victoria Island Compassion Society

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Weekly: This Week in History

December 17, 1914: Congress passes the Harrison Narcotics Act, initiating federal prohibition of cocaine and opiates.

December 17, 1986: Guillermo Cano Isaza, editor-in-chief of El Espectador (Colombia), is assassinated while driving home from work. Cano frequently wrote in favor of stiffer penalties for drug traffickers. His murder leads to a national outrage comparable to the assassination of Attorney General Rodrigo Lara Bonilla, and a subsequent government crackdown on traffickers.

December 15, 1989: Medellin cartel leader Jose Gonzalo Rodriguez Gacha is killed by Colombian police in a raid on his Tolu ranch.

December 20, 1989: The US invades Panama with 24,000 soldiers in Operation Just Cause in order to overthrow dictator Manuel Noriega for drug trafficking, money laundering, and selling information to Cuba.

December 16, 1991: The US Supreme Court allows a US Court of Appeals ruling to stand which found that the government's interest in screening out possible drug users outweighed the applicant's constitutional right to privacy. Prior to this decision, only federal employees in occupations related to public safety (e.g. truck and bus drivers) could be tested without cause. The ruling opens the door to across-the-board drug testing for millions of businesses and was a boon to the drug testing industry.

December 14, 2001: While signing a new anti-drug bill that expands the Drug-Free Communities Support Program, President George W. Bush makes his first official mention that the Administration would begin leveraging its political successes with the War on Terrorism back into the War on Drugs when he says "If you quit drugs, you join the fight against terrorism... It's so important for Americans to know that the traffic in drugs finances the work of terror, sustaining terrorists, that terrorists use drug profits to fund their cells to commit acts of murder."

December 18, 2002: 108 members of the European Parliament endorse a letter calling on the United Nations and its member states to establish a "system for the legal control and regulation of the production, sale and consumption of substances which are currently illegal."

December 19, 2003: Albert A. Gore III, 21, is arrested for marijuana possession after being stopped for driving a vehicle without its headlights on.

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Feedback: Do You Read Drug War Chronicle?

Do you read Drug War Chronicle? If so, we'd like to hear from you. DRCNet needs two things:

1. We are in between newsletter grants, and that makes our need for donations more pressing. Drug War Chronicle is free to read but not to produce! Click here to make a donation by credit card or PayPal, or to print out a form to send in by mail.
   
   
2. Please send quotes and reports on how you put our flow of information to work, for use in upcoming grant proposals and letters to funders or potential funders. Do you use DRCNet as a source for public speaking? For letters to the editor? Helping you talk to friends or associates about the issue? Research? For your own edification? Have you changed your mind about any aspects of drug policy since subscribing, or inspired you to get involved in the cause? Do you reprint or repost portions of our bulletins on other lists or in other newsletters? Do you have any criticisms or complaints, or suggestions? We want to hear those too. Please send your response -- one or two sentences would be fine; more is great, too -- email [email protected] or reply to a Chronicle email or use our online comment form. Please let us know if we may reprint your comments, and if so, if we may include your name or if you wish to remain anonymous. IMPORTANT: Even if you have given us this kind of feedback before, we could use your updated feedback now too -- we need to hear from you!

Again, please help us keep Drug War Chronicle alive at this important time! Click here to make a donation online, or send your check or money order to: DRCNet, P.O. Box 18402, Washington, DC 20036. Make your check payable to DRCNet Foundation to make a tax-deductible donation for Drug War Chronicle -- remember if you select one of our member premium gifts that will reduce the portion of your donation that is tax-deductible -- or make a non-deductible donation for our lobbying work -- online or check payable to Drug Reform Coordination Network, same address. We can also accept contributions of stock -- email [email protected] for the necessary info.

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Job Opportunity: Field Director, SAFER, Denver

As one of just two staff members (along with the executive director), the Field Director will be responsible for filling a variety of organizational and campaign roles. He/she will serve as 1) a membership and outreach director, 2) a campaign and volunteer coordinator, and 3) a general assistant to the executive director.

Campaign coordination duties include performing various organizational and campaign tasks (e.g. collecting signatures, distributing literature, waving signs, attending events), and recruiting and organizing volunteers to complete or assist in completing such tasks; scheduling volunteers to be at various concerts, festivals, and other events; designing and/or producing (copying/cutting) campaign materials and distributing campaign materials to volunteers and supporters; and creating and maintaining separate databases of volunteers and supporters for specific campaigns.

Membership coordination duties include maintaining a detailed database of supporters and corresponding with new supporters to gauge their level of interest in working with and/or supporting SAFER; tracking donations to SAFER and the SVEF and providing thank-you notes and receipts for contributions as necessary; communicating with supporters who are engaged in volunteer activities in their area and ensuring they have the necessary; and maintaining and improving SAFER's presence on the Web, including SAFER's site(s) and blog, MySpace, Facebook, YouTube, and other social networking sites.

General assistant duties include acting as liaison between volunteers/supporters and the executive director; answering the office phone, sending faxes, checking the P.O. Box, and completing other office tasks as necessary; coordinating press events (e.g. mobilizing supporters to attend, purchasing/locating props or signs, etc.); and data entry (e.g. adding press contacts to media lists, adding professional contacts to a database, etc.).

A qualified applicant will be willing and able to follow instructions and adhere to SAFER's strategy and principles (generating earned media coverage of the message that marijuana is safer than alcohol); will have a college degree and some form of relevant campaign or non-profit experience (such experience is not entirely necessary, but helpful); will be a clear writer and speaker with well-developed communication skills, who is comfortable using e-mail and speaking on the telephone; will have a thorough knowledge of basic computer applications, such as Word and Excel, as well as basic knowledge of social networking sites, such as MySpace and Facebook (experience with Web design, video production, and/or other forms of new media is a HUGE plus); will be a self-starter who is able to work independently and under limited supervision; must understand that initiative campaigns entail a fast-paced environment and require a passionate and dedicated staff (this position will -- not always, but at some points -- require work during evenings and weekends); and will be creative and able to think both within and outside the box. Finally, a thorough or basic knowledge of drug policy issues and politics is preferred but not required.

The salary is from the mid-twenties to mid-thirties depending on experience and abilities. Benefits include a monthly reimbursement for health care.

There is no application deadline -- this position will be available beginning January 1, 2008, and it needs to be filled immediately. Applicants should apply AS SOON AS POSSIBLE.

Interested applicants should email a cover letter and resume to Executive Director Mason Tvert at [email protected]. In your cover letter, please indicate why you are interested in working with SAFER and discuss any relevant experience. Applicants will only be contacted if we require further materials or wish to set up an interview. Phone and in-person interviews will be scheduled as necessary.

Please visit http://www.saferchoice.org (and the previous campaign sites, http://www.saferdenver.com and http://www.safercolorado.org) for more information on SAFER, its mission, and its accomplishments.

SAFER is an equal opportunity employer. Women, LGBTQ individuals, and people of color are encouraged to apply.

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Webmasters: Help the Movement by Running DRCNet Syndication Feeds on Your Web Site!

Are you a fan of DRCNet, and do you have a web site you'd like to use to spread the word more forcefully than a single link to our site can achieve? We are pleased to announce that DRCNet content syndication feeds are now available. Whether your readers' interest is in-depth reporting as in Drug War Chronicle, the ongoing commentary in our blogs, or info on specific drug war subtopics, we are now able to provide customizable code for you to paste into appropriate spots on your blog or web site to run automatically updating links to DRCNet educational content.

For example, if you're a big fan of Drug War Chronicle and you think your readers would benefit from it, you can have the latest issue's headlines, or a portion of them, automatically show up and refresh when each new issue comes out.

If your site is devoted to marijuana policy, you can run our topical archive, featuring links to every item we post to our site about marijuana -- Chronicle articles, blog posts, event listings, outside news links, more. The same for harm reduction, asset forfeiture, drug trade violence, needle exchange programs, Canada, ballot initiatives, roughly a hundred different topics we are now tracking on an ongoing basis. (Visit the Chronicle main page, right-hand column, to see the complete current list.)

If you're especially into our new Speakeasy blog section, new content coming out every day dealing with all the issues, you can run links to those posts or to subsections of the Speakeasy.

Click here to view a sample of what is available -- please note that the length, the look and other details of how it will appear on your site can be customized to match your needs and preferences.

Please also note that we will be happy to make additional permutations of our content available to you upon request (though we cannot promise immediate fulfillment of such requests as the timing will in many cases depend on the availability of our web site designer). Visit our Site Map page to see what is currently available -- any RSS feed made available there is also available as a javascript feed for your web site (along with the Chronicle feed which is not showing up yet but which you can find on the feeds page linked above). Feel free to try out our automatic feed generator, online here.

Contact us for assistance or to let us know what you are running and where. And thank you in advance for your support.

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Resource: DRCNet Web Site Offers Wide Array of RSS Feeds for Your Reader

RSS feeds are the wave of the future -- and DRCNet now offers them! The latest Drug War Chronicle issue is now available using RSS at http://stopthedrugwar.org/chronicle/feed online.

We have many other RSS feeds available as well, following about a hundred different drug policy subtopics that we began tracking since the relaunch of our web site this summer -- indexing not only Drug War Chronicle articles but also Speakeasy blog posts, event listings, outside news links and more -- and for our daily blog postings and the different subtracks of them. Visit our Site Map page to peruse the full set.

Thank you for tuning in to DRCNet and drug policy reform!

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Resource: Reformer's Calendar Accessible Through DRCNet Web Site

DRCNet's Reformer's Calendar is a tool you can use to let the world know about your events, and find out what is going on in your area in the issue. This resource used to run in our newsletter each week, but now is available from the right hand column of most of the pages on our web site.

• Visit http://stopthedrugwar.org each day and you'll see a listing of upcoming events in the page's right-hand column with the number of days remaining until the next several events coming up and a link to more.

• Check our new online calendar section at to view all of them by month, week or a range of different views.
• We request and invite you to submit your event listings directly on our web site. Note that our new system allows you to post not only a short description as we currently do, but also the entire text of your announcement.

The Reformer's Calendar publishes events large and small of interest to drug policy reformers around the world. Whether it's a major international conference, a demonstration bringing together people from around the region or a forum at the local college, we want to know so we can let others know, too.

But we need your help to keep the calendar current, so please make sure to contact us and don't assume that we already know about the event or that we'll hear about it from someone else, because that doesn't always happen.

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