Drug War Chronicle #560 - November 14, 2008

Feature: Looking Forward -- The Prospects for Drug Reform in Obama's Washington

The political landscape in Washington, DC, is undergoing a dramatic shift as the Democratic tide rolls in, and, after eight years of drug war status quo under the Republicans, drug reformers are now hoping the change in administrations will lead to positive changes in federal drug policies. As with every other aspect of federal policy, groups interested in criminal justice and drug policy reform are coming out of the woodwork with their own recommendations for Obama and the Democratic Congress. This week, we will look at some of those proposals and attempt to assess the prospects for real change.

One of the most comprehensive criminal justice reform proposals, of which drug-related reform is only a small part, comes from a nonpartisan consortium of organizations and individuals coordinated by the Constitution Project, including groups such as the Sentencing Project, Families Against Mandatory Minimums (FAMM), and the Open Society Policy Center. The set of proposals, Smart on Crime: Recommendations for the Next Administration and Congress, includes the following recommendations:

• Mandatory Minimum Reforms:
  Eliminate the crack cocaine sentencing disparity
  Improve and expand the federal "safety valve"
  Create a sunset provision on existing and new mandatory minimums
  Clarify that the 924(c) recidivism provisions apply only to true repeat offenders

• Alternatives to Incarceration:
  Expand alternatives to incarceration in federal sentencing guidelines
  Enact a deferred adjudication statute
  Support alternatives to incarceration through expansion of federal drug and other problem solving courts.

• Incentives and Sentencing Management
  Expand the Residential Drug Abuse Program (RDAP)
  Clarify good time credit
  Expand the amount of good time conduct credit prisoners may receive and ways they can receive it
  Enhance sentence reductions for extraordinary and compelling circumstances
  Expand elderly prisoners release program
  Revive executive clemency

• Promoting Fairness and Addressing Disparity:
  Support racial impact statements as a means of reducing unwarranted sentencing disparities
  Support analysis of racial and ethnic disparity in the federal justice system
  Add a federal public defender as an ex officio member of the United States Sentencing Commission

The American Civil Liberties Union (ACLU) has also issued a set of recommendations, Actions for Restoring America: How to Begin Repairing the Damage to Freedom in America Under Bush, which include some drug reform provisions:

• Crack/Powder Sentencing: The attorney general should revise the US Attorneys' Manual to require that crack offenses are charged as "cocaine" and not "cocaine base," effectively resulting in elimination of the disparity.

• Medical Marijuana: Halt the use of Justice Department funds to arrest and prosecute medical marijuana users in states with current laws permitting access to physician-supervised medical marijuana. In particular, the US Attorney general should update the US Attorneys' Manual to de-prioritize the arrest and prosecution of medical marijuana users in medical marijuana states. There is currently no regulation in place to be amended or repealed; there is, of course, a federal statutory scheme that prohibits marijuana use unless pursuant to approved research. But US Attorneys have broad charging discretion in determining what types of cases to prosecute, and with drugs, what threshold amounts that will trigger prosecution. The US Attorneys' Manual contains guidelines promulgated by the Attorney general and followed by US Attorneys and their assistants.
• The DEA Administrator should grant Lyle Craker's application for a Schedule I license to produce research-grade medical marijuana for use in DEA- and FDA-approved studies. This would only require DEA to approve the current recommendation of its own Administrative Law Judge.
• All relevant agencies should stop denying the existence of medical uses of marijuana -- as nearly one-third of states have done by enacting laws -- and therefore, under existing legal criteria, reclassify marijuana from Schedule I to Schedule V.
• Issue an executive order stating that, "No veteran shall be denied care solely on the basis of using marijuana for medical purposes in compliance with state law." Although there are many known instances of veterans being denied care as a result of medical marijuana use, we have not been able to identify a specific regulation that mandates or authorizes this policy.
• Federal Racial Profiling: Issue an executive order prohibiting racial profiling by federal officers and banning law enforcement practices that disproportionately target people for investigation and enforcement based on race, ethnicity, national origin, sex or religion. Include in the order a mandate that federal agencies collect data on hit rates for stops and searches, and that such data be disaggregated by group. DOJ should issue guidelines regarding the use of race by federal law enforcement agencies. The new guidelines should clarify that federal law enforcement officials may not use race, ethnicity, religion, national origin, or sex to any degree, except that officers may rely on these factors in a specific suspect description as they would any noticeable characteristic of a subject.

Looking to the south, the Latin America Working Group, a coalition of nonprofit groups, has issued a petition urging Obama "to build a just policy towards Latin America and the Caribbean that unites us with our neighbors." Included in its proposals are:

• Actively work for peace in Colombia. In a war that threatens to go on indefinitely, the immense suffering of the civilian population demands that the United States takes risks to achieve peace. If the United States is to actively support peace, it must stop endlessly bankrolling war and help bring an end to the hemisphere's worst humanitarian crisis.

• Get serious -- and smart -- about drug policy. Our current drug policy isn't only expensive and ineffective, it's also inhumane. Instead of continuing a failed approach that brings soldiers into Latin America's streets and fields, we must invest in alternative development projects in the Andes and drug treatment and prevention here at home.

The National Organization for the Reform of Marijuana Laws (NORML) has some suggestions as well. As NORML's Paul Armentano wrote last week on Alternet:

• President Obama must uphold his campaign promise to cease the federal arrest and prosecution of (state) law-abiding medical cannabis patients and dispensaries by appointing leaders at the US Drug Enforcement Administration, the US Department of Justice, and the US Attorney General's office who will respect the will of the voters in the thirteen states that have legalized the physician-supervised use of medicinal marijuana.

• President Obama should use the power of the bully pulpit to reframe the drug policy debate from one of criminal policy to one of public health. Obama can stimulate this change by appointing directors to the Office of National Drug Control Policy who possess professional backgrounds in public health, addiction, and treatment rather than in law enforcement.
• President Obama should follow up on statements he made earlier in his career in favor of marijuana decriminalization by establishing a bi-partisan presidential commission to review the budgetary, social, and health costs associated with federal marijuana prohibition, and to make progressive recommendations for future policy changes.

Clearly, the drug reform community and its allies see the change of administrations as an opportunity to advance the cause. The question is how receptive will the Obama administration and the Democratic Congress be to drug reform efforts.

"We've examined Obama's record and his statements, and 90% of it is good," said David Borden, executive director of StoptheDrugWar.org (publisher of this newsletter). "But we don't know what he intends to do in office. There is an enormous amount of good he can do," Borden said, mentioning opening up funding for needle exchange programs, US Attorney appointments, and stopping DEA raids on medical marijuana providers. "Will Obama make some attempt to actualize the progressive drug reform positions he has taken? He has a lot on his plate, and drug policy reform has tended to be the first thing dropped by left-leaning politicians."

There will be some early indicators of administration interest in drug reform, said Bill Piper, national affairs director for the Drug Policy Alliance. "We will be watching to see if he issues an executive order stopping the DEA raids; that would be a huge sign," he said. "He could also repeal the needle exchange funding ban. The congressional ban would still be in place, but that would show some great leadership. If they started taking on drug policy issues in the first 100 days, that would be a great sign, but I don't think people should expect that. There are many other issues, and it's going to take awhile just to clean up Bush's mess. I'm optimistic, but I don't expect big changes to come quickly."

"We are hoping to see a new direction," said Nkechi Taifa, senior policy analyst for civil and criminal justice reform for the Open Society Policy Center. "We couldn't have a better scenario with the incoming vice president having sponsored the one-to-one crack/powder bill in the Senate and the incoming president being a sponsor. And we have a situation in Congress, and particularly in the Senate, where there is bipartisan interest in sentencing reform. Both sides of the aisle want some sort of movement on this, it's been studied and vetted, and now Congress needs to do the right thing. It's time to get smart on crime, and this is not a radical agenda. As far as I'm concerned, fixing the crack/powder disparity is the compromise, and elimination of mandatory minimums is what really needs to be on the agenda."

"With the Smart on Crime proposals, we tried to focus on what was feasible," said the Sentencing Project's Kara Gotsch. "These are items where we think we are likely to get support, where the community has demonstrated support, or where there has been legislation proposed to deal with these issues. It prioritizes the issues we think are most likely to move, and crack sentencing reform is on that list."

The marijuana reform groups are more narrowly focused, of course, but they, too are looking for positive change. "Obama has made it very clear on the campaign trail that he disagrees with the use of federal agencies to undo medical marijuana laws in states that have passed them," said Dan Bernath, a spokesman for the Marijuana Policy Project. "He has vowed to stop that. Obama seems to be someone who values facts and reasoned decision-making. If he applies that to marijuana policy, that could be a good thing".

While the list of possible drug reforms is long and varied, it is also notable for what has not been included. Only NORML even mentions marijuana decriminalization, and no one is talking about ending the drug war -- only making it a bit kinder and gentler. The L-word remains unutterable.

"While we're optimistic about reducing the harms of prohibition, legalization is not something that I think they will take on," said Piper. "But any movement toward drug reform is good. If we can begin to shift to a more health-oriented approach, that will change how Americans think about this issue and create a space where regulation can be discussed in a a rational manner. Now, because of our moralist criminal justice framework, it is difficult to have a sane discussion about legalization."

"We didn't talk that much about legalization," said Gotsch in reference to the Smart on Crime proposals. "A lot of organizations involved have more ambitious goals, but that wouldn't get the kind of reaction we want. There just isn't the political support yet for legalization, even of marijuana."

"We should be talking about legalization, yes," said StoptheDrugWar.org's Borden, "but should we be talking about it in communications to the new president who has shown no sign of supporting it? Not necessarily. We must push the envelope, but if we push it too far in lobbying communications to national leadership, we risk losing their attention."

"I do think it would be a mistake to blend that kind of caution into ideological caution over what we are willing to talk about at all," Borden continued. "I think we should be talking about legalization, it's just a question of when and where," he argued.

Talking legalization is premature, said Eric Sterling, formerly counsel to the US House Judiciary Committee and now president of the Criminal Justice Policy Foundation. "What we are not yet doing as a movement is building upon our successes," he said. "We just saw medical marijuana win overwhelmingly in Michigan and decriminalization in Massachusetts, but the nation's commentariat has not picked up on it, and our movement has not been sufficiently aggressive in getting those votes translated into the political discourse. We haven't broken out of the making fun phase of marijuana policy yet."

Sterling pointed in particular to the medical marijuana issue. "Everyone recognizes that the state-federal conflict on medical marijuana is a major impediment, and we have 26 senators representing medical marijuana states, but not a single senator has introduced a medical marijuana bill," he said. "It's an obvious area for legislative activity in the Senate, but it hasn't happened. This suggests that we as a movement still lack the political muscle even on something as uncontroversial as the medical use of marijuana."

Even the apparent obvious targets for reform, such as the crack/powder sentencing disparity, are going to require a lot of work, said Sterling. "It will continue to be a struggle," he said. "The best crack bill was Biden's, cosponsored by Obama and Clinton, but I'm not sure who is going to pick that up this year. The sentencing reform community continues to struggle to frame the issue as effective law enforcement, and I think it's only on those terms that we can win."

Reformers also face the reality that the politics of crime continues to be a sensitive issue for the majority Democrats, Sterling said. "Crime is an issue members are frightened about, and it's an area where Republicans traditionally feel they have the upper ground. The Democrats are going to be reluctant to open themselves up to attack in areas where there is not a strong political upside. On many issues, Congress acts when there is a clear universe of allies who will benefit and who are pushing for action. I don't know if we are there yet."

Change is the mantra of the Obama administration, and change is what the drug reform community is hoping for. Now, the community must act to ensure that change happens, and that the right changes happen.

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Feature: Looking Forward -- Who Should Be the Next Drug Czar?

If there is one man who symbolizes and epitomizes the federal war on drugs, it is the head of the White House Office of National Drug Control Policy (ONDCP), colloquially known as the drug czar's office. For the last eight years, that man has been John Walters, a protege of conservative moralist Bill Bennett, the first ONDCP drug czar. With his anti-marijuana media campaigns, his innumerable press releases, and his interference in various state-level initiatives, Walters has been drug reform's bête noire.

Now, Walters and his boss, President Bush, are preparing to exit stage right, and the Obama administration will have to choose his successor. Given the foreign wars and failing economy facing the incoming administration, filling the drug czar position doesn't appear to be a high priority for the new resident at the White House. Only one name has been publicly mentioned, Los Angeles police chief William Bratton, and he has said he's not interested. A US News & World Report list of potential White House appointments doesn't even list any names for consideration as drug czar.

But for people interested in undoing some of the harms of the Bush era drug war, ONDCP is very important. As ONDCP explains on its home page:

"The principal purpose of ONDCP is to establish policies, priorities, and objectives for the Nation's drug control program. The goals of the program are to reduce illicit drug use, manufacturing, and trafficking, drug-related crime and violence, and drug-related health consequences. To achieve these goals, the Director of ONDCP is charged with producing the National Drug Control Strategy. The Strategy directs the Nation's anti-drug efforts and establishes a program, a budget, and guidelines for cooperation among Federal, State, and local entities.

"By law, the director of ONDCP also evaluates, coordinates, and oversees both the international and domestic anti-drug efforts of executive branch agencies and ensures that such efforts sustain and complement State and local anti-drug activities. The Director advises the President regarding changes in the organization, management, budgeting, and personnel of Federal Agencies that could affect the Nation's anti-drug efforts; and regarding Federal agency compliance with their obligations under the Strategy."

So, who is it going to be? Drug reformers and others consulted this week by the Chronicle had few actual suggestions -- some worried that anyone suggested or supported by the reform movement would be doomed -- but plenty of ideas about what type of person should replace Walters. And some even speculated about the possibility of just doing away with the drug czar's office altogether.

"The reform community needs to be looking at someone who has a comprehensive public health orientation or who has an evidence-based focus," said Eric Sterling, former counsel to the House Judiciary Committee and currently president of the Criminal Justice Policy Foundation. "This would be someone who says goal number one is treatment of people with hard-core addiction problems and number two is to make sure our prevention programs are effective and well-grounded."

Sterling mentioned a couple of possibilities. "I don't think it's realistic to think we can get a reform sympathizer in there. It's not going to be Ethan Nadelmann. It needs to be someone who has administrative experience in some capacity. One possibility would be Chris Fichtner, the former head of mental health for the state of Illinois," Sterling suggested.

Fichtner is an associate professor of psychiatry at the University of Chicago who has worked with drug reformers in Illinois. He testified in favor of medical marijuana bills in Illinois and Wisconsin.

"Another possibility, someone I know the reform community had a lot of respect for before he went into government is Westley Clark, head of the federal Center for Substance Abuse Services," Sterling continued. "He's African-American, been at the federal level for a long time, has experience managing a federal agency, and a lot of experience in the field."

"If we had our druthers," said National Organization for the Reform of Marijuana Laws (NORML) executive director Allen St. Pierre, "it would be somebody like Ethan Nadelmann, with a comprehensive understanding of drugs, but that's a wet dream." Instead, he said, one name being kicked around was Mark Kleiman, a professor of Public Policy at the UCLA School of Public Affairs who has written extensively on drug policy and whose innovative ideas sometimes raise as many hackles in the reform community as they do among drug warriors.

St. Pierre mentioned one other possible candidate. "Another name we're hearing is Bud Schuster, a former head of NIDA in the 1980s," he said. "That would be someone coming at it at least from a NIDA point of view, and we need someone like that, not someone just coming at it from a criminal justice perspective."

"I'd almost be happy with any drug czar who doesn't constantly say stupid things," said David Borden, executive director of StoptheDrugWar.org (publisher of this newsletter). "We would like to see someone who will approach it from a public health standpoint, who will work to contain the criminal justice system in ways that protect the public health objectives of drug policy."

Borden pointed to a trio of what he called "moderate academics" as possibilities. "People like Kleiman or Peter Reuter and Robert MacCoun [coauthors of 'Drug War Heresies'] are not drug war hawks and they are thinking people. We need some logical thought at the White House drug office."

"We're as anxious to see what names pop up as anybody," said Dan Bernath, a spokesman for the Marijuana Policy Project. "We think John Walters set the bar pretty low. If there has to be a drug czar, we want to see someone who bases policy on facts and science, not ideology."

"Former Baltimore Mayor Kurt Schmoke once said we need a surgeon general, not a military general, and I think that's a good starting point," said Drug Policy Alliance national affairs director Bill Piper. "At a minimum, we want someone coming from public health or medicine, as opposed to law enforcement or the conservative punditry. Drug reformers and harm reductionists and treatment providers have been in the wilderness for 20 years; now it's time for someone who understands addiction and supports evidence-based programs."

"If we're going to have a drug czar, we need one who insists on accuracy, honesty, transparency, and who is is willing to consider alternatives to the drug war including harm reduction approaches as well as modifications of the drug war such as increased funding for treatment and prevention," said Matthew Robinson, professor of criminal justice at Appalachian State University and co-author of "Lies, Damned Lies, and Drug War Statistics: A Critical Analysis of Claims Made by the Office of National Drug Control Policy."

But, said Robinson, we don't really need a drug czar. "We don't need an ONDCP or a drug war, so therefore we don't need a drug czar," he argued. "Yet, we do need an accurate, honest, transparent agency to evaluate drug abuse control policy (just like with other government policies). It can be ONDCP or some other agency, but if it is ONDCP, it must be removed from the White House since there it is merely a political office whose aim is to further drug war ideology."

Former ONDCP Public Affairs Director (during the Clinton years) Robert Weiner was as critical of Walters and the Bush administration as anybody, but for different reasons. Weiner complained of the systematic weakening of the office in the Bush years.

"This administration has been a disaster in shrinking the power of the drug czar," Weiner said. "They dropped the drug czar's budget certification authority from $19 billion to $13 billion, they took away oversight power over some programs, they've cut the media program, they tried to move out the High Intensity Drug Trafficking Area (HIDTA) program and the Justice Department community grants program. I've shed many tears as I watched the power of the drug czar deflate by his own lack of initiative."

It didn't have to be that way, Weiner said. "When Bush was selecting a drug czar, there were eight or 10 treatment honchos they were looking at, but he chose a partisan hack. It was as if there were no drug czar. His job was to press the drug issue as a national security and domestic health issue, and he didn't do enough of it."

Weiner is less concerned with the field from which the next drug czar emerges than his ability to advance the office's charge. "The most important thing is that he be a forceful, aggressive, forceful advocate," he said. "No matter what side of the fence you're on, everyone is in favor of drug treatment, and drug court is very good. We need someone who will push the concept of treatment not imprisonment for nonviolent offenders," he said.

But while Weiner would like to see a strengthened drug czar, many drug reformers would be glad to see no drug czar at all. "Patients Out of Time sent a letter to Obama transition co-chair Valerie Jarrett on the 9th," reported the group's Al Byrne. "We recommended the drug czar position be abandoned but... if that was somehow not politically feasible then the position be staffed by a health care professional, specifically a MD or RN who is not an academic/political professional."

"Ideally, ONDCP should be sunsetted," said St. Pierre. "I think many reformers could agree with that, but it doesn't appear to be on the table. If we're going to be burdened with a drug czar's office, we need a break from the two principal models -- the political hacks, like Walters and Bennett, and the law enforcement/military types, like McCaffrey and Lee Brown. If we're going to have a drug czar, make him an MD or someone in the public health realm."

"The nation and the government don't need a drug czar," said Sterling. "One of the important warnings of the 1973 Shafer Commission was about the institutionalization of the anti-drug effort, the creation of self-sustaining bureaucracies. The ONDCP is the prime example of that problem. Because of its prominence, it has the greatest capacity for mischief and gets the most attention for its falsehoods and PR-driven policies," he said.

The federal drug apparatus could be reorganized, he argued. "It may be the case that a reorganization of federal drug agencies is called for, probably with coordination under the Department of Health and Human Services," he posited. "There doesn't need to be a DEA with its SWAT mentality, and the effective management of a drug control program doesn't require White House supervision, either."

The agency comes up for reauthorization in 2010. That could prove an opportunity to try to kill it or, more likely, to try to restructure it. While going for the kill would be sweet, that appears unlikely to happen at this point.

It is "not realistic" to think an effort to sunset ONDCP in 2010 will bear immediate fruit, said Sterling. "The effective drug control movement has not developed a campaign and a political imperative, a drug control organizational paradigm that is a clear alternative to the existing one," he pointed out. "Therefore, there is no campaign in the Congress or in the news media."

Nor is there any evidence that the Obama administration is eyeing ONDCP for the axe. "The only way there would be any drive in the administration to do away with ONDCP would be if there is an analysis from the new cabinet secretaries deciding collectively that ONDCP is a big enough problem that they would want to abolish it," said Sterling.

Another obstacle is that incoming vice-president Joe Biden crafted the legislation that created ONDCP 20 years ago. "Any proposal to do away with the drug czar would get into that history with Biden. It would have to reject Biden's approach, or he would have to change his mind. If Biden were to say ONDCP was now unneeded, that would be one thing, but I haven't seen any sign of that."

With the prospect of killing ONDCP apparently off the table for now, some reformers are concentrating on making the best ONDCP possible. That may be the best to hope for in the near- and medium-term.

"If we could change this office so its responsibility is reducing the harms of both substance abuse and drug prohibition, then it would be very useful," said Piper. "There are very clearly problems with both drug abuse and the war on drugs. Even if the drug war ended tomorrow, there would still be a drug problem and a need for national leadership around harm reduction and treatment, including alcohol and tobacco. Reauthorization in 2010 is a real chance to change what ONDCP is all about. If that's possible it's worth keeping the agency."

Now the waiting game begins. Given the Obama administration's priorities and the full plate of problems it faces, we could be waiting awhile for a new drug czar.

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Appeal: Tax-Deductible Donations Needed for StoptheDrugWar.org's Educational Work

Last week we wrote seeking support for StoptheDrugWar.org (DRCNet)'s lobbying programs, to help us lobby the Obama administration and Congress on causes near and dear to the hearts of drug reformers with which the President-Elect has said he agrees.

This week we are seeking tax deductible donations to our educational programs, especially our web site, on which readership continues to go up and up.

StoptheDrugWar.org web site traffic has grown at 60% per year for the past two years, as the chart to the left shows, bringing our average number of visitors to more than 150,000 per month. Nearly two hundred thousand people are verified to have read election-related drug policy coverage on our web site since the primaries began in earnest last year, and that doesn't include the most numerous number of our readers, those who read the content on our daily blog on our home page.

notepad folder: one book we offer:

As our thanks for your support, we continue to offer a wide range of books, videos and StoptheDrugWar.org gift items to members donating over certain levels -- visit our donation page to read the full list. Also, everyone donating this week will receive a complimentary StoptheDrugWar.org "Truth Campaign" notepad folder, and all donors will receive a StoptheDrugWar.org bumper sticker and a square StoptheDrugWar.org stop sign sticker, both being reprinted this month.

Drug policy reform is such an important issue, but it's an important issue that needs your help. We at StoptheDrugWar.org need you to ensure that this time of change, will bring needed change, for a disadvantaged, demonized and under-represented group in our society, the targets of the brutal War on Drugs. Please donate today, and together we will make things happen.

Thank you very much for working to change this country's drug policies and for continuing to be part of StoptheDrugWar.org. And thank you for giving your support to our efforts at this important hour. Your contribution has never been more important.

David Borden
Executive Director, StoptheDrugWar.org (DRCNet)
News & Activism Promoting Sensible Reform

P.S. Every day that goes by, 4,000 people are arrested for drug offenses, the vast majority of them minor, and half a million nonviolent drug offenders languish yet another day in the staggering number of prisons and jails the government has very unwisely built. It's time to stop this senseless tragedy and shocking injustice. Please increase your commitment to ending the drug war by donating to StoptheDrugWar.org today. Thank you!

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Law Enforcement: This Week's Corrupt Cops Stories

Crooked policing sparks lawsuits in Oakland and New Haven, another jail guard goes down, so does a Border Patrol inspector, a Louisiana narc gets busted for burglary, and an Illinois cop gets caught with his hand in the cookie jar. Let's get to it:

In Oakland, California, the Oakland Police Department is facing a lawsuit from at least nine people who claim Oakland cops improperly falsified information on drug search warrants and filed false reports. Oakland police have admitted that some officers used purported narcotics obtained through undercover drug buys as probable cause to search homes even though the crime lab had not yet confirmed the substances actually were illicit drugs. Some criminal cases have had to be dropped and verdicts reversed. The lawsuit seeks financial damages and an injunction against the city.

In New Haven, Connecticut, a man who was charged with eight felony drug counts after New Haven police planted drugs on him is suing the department and the city for $10 million. The lawsuit filed Monday by Norval Falconer names the city, former Police Chief Francisco Ortiz, Jr., the former head of the department's Narcotics Enforcement Unit, former Detective William White, and two other former detectives, Justen Kasperzyk and Jose Silva. The three detectives have all pleaded guilty to federal corruption charges and been sentenced to prison. Kasperzyk and Silva have acknowledged that they set up Falconer. Kasperzyk testified in a deposition "that Ortiz, White and the NEU enforced a policy of planting evidence, falsifying arrest warrant affidavits, taking keys from drivers in order to illegally search their homes and making arrests that officers knew were unlawful."

In Santa Fe, New Mexico, a jail guard was arrested Tuesday for smuggling drugs into the Santa Fe County Jail. Leah Fragua, 21, allegedly smuggled cocaine and marijuana into the jail in a cigarette pack for a prisoner and got busted after jail authorities heard about it while listening in on inmate phone calls. No word yet on formal charges.

In Eagle Pass, Texas, a US Customs and Border Patrol inspector was arrested October 30 for allegedly helping drug traffickers smuggle 3,000 pounds of cocaine intro the country over five years. The Customs officer, Jorge Leija, 43, was indicted by a federal grand jury on charges of conspiracy to possess cocaine with the intent to distribute and making a false statement. Leija was paid hundreds of thousands of dollars for his efforts, an unnamed DEA agent testified at a bail hearing last week, including $30,000 he was paid to make false statements on a passport application for another person. Leija was ordered held without bail. He faces from 10 years to life in prison and a $4 million fine if convicted.

In New Iberia, Louisiana, an Iberia Parish Sheriff's Office narcotics division agent was arrested for burglarizing a house on October 26. Narc Jerrel Tauzin allegedly burglarized a home while the owners were out of town, stealing a handgun, a remote control car, and a bag containing $1,000 in parts. Because some of the items had been hidden in the home, the owners suspected it was someone they knew, and attention quickly turned to Tauzin, who subsequently admitted taking the items. The stolen goods were found in his home. The two-year veteran was fired early this month and now faces one count of simple burglary of an inhabited dwelling. He's out on $10,000 bond.

In Galesburg, Illinois, a former Galesburg police officer was sentenced November 6 for stealing drugs from the department evidence locker. David Hendricks, 50, pleaded guilty last month to charges of official misconduct and drug possession after being arrested last year. He was accused of stealing drugs over a three-year period for his personal use. While he could have faced up to 20 years in prison, he will do only 180 days and 30 months of specialized probation.

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Evidence: Supreme Court Hears Oral Arguments in Drug Crime Lab Case

The US Supreme Court Monday heard oral arguments in Melendez-Diaz v. Massachusetts (No. 07-591), and appeared inclined to rule that defendants in drug and other cases confronted with crime lab reports must be allowed to cross-examine the forensic analysts who prepare the reports. The case involves a Massachusetts man who challenged his conviction for cocaine use after he was not allowed to question the analyst who examined the alleged cocaine.

Luis Melendez-Diaz was convicted of trafficking in cocaine partly on the basis of a crime lab analysis that confirmed cocaine was in plastic bags found in the car in which he was riding. A state appeals court upheld his conviction. But this week the Supreme Court listened to his argument.

Crime labs analyzed some 1.9 million substances following drug arrests in 2006, a figure noted by 35 states that joined with Massachusetts in urging the court not to require that cross-examination of lab analysts be allowed. Some 20 states, including California, already give defendants some right to cross-examine lab employees.

Arguing for the state of Massachusetts, state Attorney General Martha Coakley warned that if lab analysts had to be made available to testify, "district court misdemeanor drug prosecutions would essentially grind to a halt."

But Jeffrey Fisher, the attorney representing Melendez-Diaz, told the justices there are not that many cases where defendants want to make an issue of lab reports, mainly because in most cases there is little dispute that the substance seized was illicit drugs. "There is every reason to believe it's not going to cause any problem, because defendants aren't going to want to challenge them very often," Fisher said.

The justices appeared unsympathetic to Coakley's arguments. "I do wish you would comment on the argument that the state of California, a huge state with many, many drug prosecutions, seems to get along all right," Justice Anthony Kennedy said to Coakley. She had no reply.

Justice Stephen Breyer noted that there have been repeated reports of lab analyses poorly done, tests not actually run, and results manipulated to hurt defendants in recent years. "Aren't there some things I read in the paper all the time about these laboratories in various places, and they lost the results, they got it all wrong?" he asked.

Expect a decision sometime next spring or summer.

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Salvia Divinorum: Ban Bill Filed in Texas Legislature, Another Would Bar Sales to Youth

Monday was the first day to file bills for the next session of the Texas legislature, and by day's end, two different bills addressing salvia divinorum had been filed. One would criminalize its possession, making it a Class A misdemeanor, while another would bar its sale to people under the age of 18.

Salvia divinorum is an hallucinogenic member of the mint family that has been used for centuries for religious purposes by the Masatec Indians of southern Mexico. In the past few years, awareness of the plant's psychedelic qualities has resulted in a spike of interest in it. It is currently sold in head shops, smoke shops, other outlets, and on the Internet.

Although about a dozen states have moved to either ban it outright or restrict its sales, the DEA, which has been studying salvia for years now, has not moved to place it on the schedule of federally controlled substances.

State Rep. Charles "Doc" Anderson (R-Waco) doesn't want to wait for the feds any longer. On Monday, Anderson filed House Bill 126 to ban possession of the plant.

"With a single use they can cause some serious, serious damage to their brain and their mental function and it causes hallucinations primarily, as the name would indicate," Anderson told the Waco Tribune. "It's a potent hallucinogen and we start to see some flashbacks scenarios and things like that from even one time use," he said.

Not one to shy away from the spotlight, Anderson appeared the following day on the Dr. Phil show during a segment on risky teen behavior. "I hope my appearance on the Dr. Phil show will help to educate people on the dangers of salvia and the nationwide exposure will help lend more credibility to our testimony," Anderson said, explaining that he was moved to act after a constituent's daughter suffered a bad experience with the plant.

The other salvia bill, Senate Bill 257, is much less restrictive. It would make it a Class C misdemeanor to supply salvia to a minor. The bill says that being an employee of a shop that sold salvia would not be a defense, but selling it to someone with an apparently valid ID who turned out to be a minor would.

If either bill passes the legislature, it would go into effect next September 1.

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Paraphernalia: No More Felony Charges For Dirty Pipes or Syringes in Cleveland

Cleveland Mayor Frank Jackson announced Monday that people in Cleveland caught with pipes or syringes containing drug residues will no longer be charged with felonies. Under current practice in Cleveland, people caught with dirty paraphernalia are charged with felony drug possession.

More than 6,000 people were arrested on felony drug charges every year in the city. The mayor said he expected the change to reduce that number by from 1,200 to 1,500.

Under Jackson's proposal, it would take three dirty needle arrests to earn a felony drug possession charge. A first drug paraphernalia arrest would be charged as a second-degree misdemeanor and a second as a first-degree misdemeanor. People charged with either of those offenses could be diverted to Cleveland's drug court. A third offense would be sent to Cuyahoga County Common Pleas Court and treated as a drug possession felony.

Jackson portrayed the measure as aimed at getting drug users into treatment without saddling them with a felony record as well as helping to improve the quality of life in the city. "If people have a couple chances, they better take advantage of it," the mayor said. "This is about helping people and stopping the behavior that is destroying our neighborhoods," he added.

Cleveland is the only large city in Ohio that routinely charges paraphernalia cases as felonies. Community activists there have argued for years that since similar cases in the suburbs are treated as misdemeanors, Cleveland residents have been treated unfairly.

But although tensions about racial disparity in Cleveland's drug war are simmering -- the Plain Dealer did a recent series on disparities in felony drug prosecutions -- Mayor Jackson attempted to tamp them down. Drug users come from all communities, he said, and suburban users would be treated just like inner city ones. "It's not a race issue," he said. "Everybody will be treated the same."

Well, that's progress, we suppose.

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Hemp: North Dakota Farmers Head to Federal Appeals Court

A pair of North Dakota farmers who want to be able to grow hemp were in US 8th Circuit Court of Appeals in St. Paul, Minnesota, Wednesday to argue their case. Farmers Wayne Hauge and David Monson, who is also a Republican state representative, applied to grow hemp under North Dakota's hemp law but have yet to receive a permit to do so from the DEA. They filed suit in federal district court in Bismarck last year, but lost at the district court level.

The farmers and their attorneys, Joe Sandler and Tim Purdon, are appealing on a number of grounds, including the district court's ruling that hemp and marijuana are the same. The farmers argued that the scientific evidence is clear that hemp is genetically distinct from drug varieties of cannabis and that there are no psychoactive effects from ingesting it.

The DEA, which has jurisdiction over drug scheduling decisions, does not recognize any difference between hemp and marijuana. Under current federal law, anyone who grows industrial hemp for use in foods, lotions, fuels, cloth, and paper, among others, is subject to prosecution under federal marijuana cultivation statutes.

Justice Department attorney Melissa Patterson told the court that state law cannot override federal law. The Constitution gives Congress the power to regulate commerce between states, Patterson said, and that is the basis of federal drug laws. "What states do cannot expand or contract Congress's interstate regulation powers," Patterson told the judges.

But Sandler retorted that that was not the question before the court. "The question here is whether the mere existence of a plant can affect interstate commerce," he said.

In an effort to allay the concerns of the appeals court panel, the farmers and their attorneys argued that North Dakota's law is so strict that their hemp could not be converted into psychoactive marijuana and that the state's monitoring of hemp fields would prevent illicit marijuana cultivation. "It would be the last place in the world that anybody would do anything illegal," Sandler said.

A decision could come down in weeks or months.

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Southeast Asia: Thai Government in New Drug Crackdown

The government of Thai Prime Minister Somchai Wongsawat announced a new anti-drug offensive last week aimed at a resurgent methamphetamine market and an enduring market in opium and heroin. Somchai said the new 90-day offensive could be seen as a continuation of the 2003 anti-drug campaign led by then Prime Minister Thaksin Shinawatra.

A Thai government commission investigating Thaksin's war "to make Thailand drug-free" found that nearly 3,000 people were killed, many of them not involved in the drug trade. While no criminal convictions have been handed down, it is widely assumed that most of those killed were executed by police anti-drug death squads.

Somchai said his government would take measures to prevent more killings, but like his predecessor, tried to pin the killings on "slayings among suspected drug dealers," not the extrajudicial execution of drug dealers. That isn't exactly building confidence among Thai drug users and sellers or among the human rights community, which strongly criticized Thailand over the 2003 murder spree.

"The prime minister says that this time around killings will not be tolerated, but the government said the same thing last time," said Brad Adams, Asia director for Human Rights Watch, in a Wednesday news release warning that more abuses could lie ahead. "Somchai's credibility is at stake here."

After Thaksin was deposed last year, the government of General Surayud Chulanont appointed a special committee chaired by former Attorney General Khanit na Nakhon to investigate the extrajudicial killings that took place in 2003 as part of the "war on drugs." After five months of inquiries, the committee provided findings that 2,819 people had been killed between February-April 2003.

Many of those killed had been blacklisted by police or local authorities as suspected drug dealers. Police officers were suspected to have been involved in many of the attacks, particularly as many were killed soon after being summoned to police stations for questioning. For example, a 42-year-old grocery shop owner, Somjit Khayandee, was shot dead execution style in her house in Petchburi province on February 20, 2003, three days after she had been summoned to the police station. Local police told Somjit's relatives that her name was on their blacklist.

Police and other anti-drugs units in Thailand have sweeping powers and rarely face punishment for abuses and misconduct. The sense that officials will not be held accountable for their actions is so strong that abusive officials have sought promotion, fame, and financial rewards from the suffering of their victims.

"Many of the same people suspected of killings and other abuses in the last 'war on drugs' remain in positions of authority," Adams said. "The government should prosecute and discipline those involved in previous abuses and institute reforms before asking the police to mount another campaign. Otherwise, more people are likely to be killed."

While Thai authorities said they were going to concentrate on drug dealers, they also said drug users caught up in the net would participate in rehabilitation programs at military bases or be sent to prison. But given Thailand's poor record with respect to coerced drug treatment, that is not good news. Since 2003, thousands of people have been coerced into rehabilitation centers run by security forces without a clinical assessment that they are indeed drug dependent. Many have been held for extended periods of time -- usually 45 days -- in prison-based facilities, even if they are later referred to outpatient treatment. "Rehabilitation" is often provided by security personnel, with military drills a mainstay of the "treatment" provided.

Such coerced treatment has the effect of driving drug users away from seeking treatment or even government-sponsored health care services, Human Rights Watch said. With an estimated 40-50 percent of drug users in Thailand HIV-positive, this may keep drug users from accessing lifesaving HIV-prevention services and treatment.

"Forcing drug users into badly designed rehabilitation programs is incompatible with international standards requiring fully informed consent to treatment," Adams said. "Furthermore, fear of prosecution and harsh treatment will drive them away from seeking health care services that are theirs by right and that could actually help them."

Thailand's latest war on drugs is looking a lot like a war on drug users. That's a shocker.

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Europe: Czech Lower House Approves Lower Marijuana Penalties

The Czech lower house of parliament Tuesday approved changes in the country's penal code that distinguish between hard and soft drugs and make possession of small amounts of marijuana only a low-level offense. The reform must now pass the upper chamber and be signed by the president of the republic.

Under current Czech law, the production and sale of any sort of illicit drug is punishable by five to fifteen years in prison. Under the reforms approved by the lower house, while those possessing more than personal use amounts of most drugs would face up to two years in prison, those found possessing large amounts of marijuana would face up to one year in prison and those caught growing larger amounts of pot would face up to six months.

The Czech government has already issued a draft decree effectively decriminalizing the possession of small amounts of drugs, including up to 20 joints or three pot plants, 25 magic mushrooms, 0.3 grams of Ecstasy and morphine, 0.2 grams of heroin, a half-gram of cocaine, and 0.005 grams of LSD. But that draft is not yet binding on the courts.

Passage of the reform measure didn't come without clashes among junior members of the ruling coalition. The Greens proposed the complete legalization of marijuana use and production for adults, while the Christian Democrats argued against any differentiation between soft and hard drugs. Both those measures were rejected.

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Europe: Swiss to Vote on Marijuana Decriminalization, Heroin Prescription

Swiss voters will go to the polls November 30 to decide whether to approve marijuana decriminalization and the government's ongoing "four pillars" drug strategy, which includes the prescription of heroin to hard-core addicts. A Swiss Broadcasting Corporation poll late last month showed the decriminalization effort in a virtual dead heat, leading 45% to 42%, with 13% undecided, while the referendum on the broader strategy appears headed to easy victory, with 63% in favor, 20% opposed, and 17% undecided.

The referendum on marijuana policy envisages its legalization for personal use, with its cultivation and sale being regulated by the state. It comes a decade after Swiss voters narrowly rejected a similar proposal. An attempt to decriminalize through parliament failed in 2004.

While the vote on decriminalization looks to be close, the effort is supported by a 1999 government advisory committee report and the governing coalition, and it is picking up some unexpected allies. Regulation would protect young people, argued the Social Democrats. Somewhat surprisingly, the effort is also supported by the center-right or libertarian Radical Party and the respected daily Neue Zurcher Zeitung, which described both the decrim effort and the amended drug law as steps in the right direction.

"A policy which is only based on abstinence, bans and repression ultimately leads to more spending on welfare. It also is against the spirit of liberalism and leaves no room for people to take responsibility for themselves," the newspaper editorialized.

But not everyone is jumping on the decrim bandwagon. The rightist Swiss People's Party remains staunchly opposed. "Switzerland would become the drug Mecca of Europe," said People's Party parliamentarian Andrea Geissbühler.

The government's four-pillars drug strategy appears much less controversial, especially after a decade of pilot heroin prescription programs that have proven effective. Even the grassroots of the rightist parties approve, according to the poll.

"The number of drug-related deaths per year dropped from 400 at the beginning of the 1990s to 152 last year," said Felix Gutzwiller, a Zurich Radical Party senator, adding that each year some 200 addicts graduate from heroin maintenance to methadone maintenance. "It is telling that drugs issues are no longer top of the list of public concerns, unlike 20 years ago," he said.

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Weekly: This Week in History

November 15, 1875: San Francisco passes the first US anti-drug law, an ordinance outlawing Chinese opium dens.

November 15, 1984: Spanish police arrest Jorge Ochoa on a US warrant and both the US and Colombia apply for his extradition. Soon after, the Medellin cartel publicly threatens to murder five Americans for every Colombian extradition. The Spanish courts ultimately rule in favor of Colombia's request and Ochoa is deported. He serves a month in jail on charges of bull-smuggling before being paroled.

November 18, 1986: A US federal grand jury in Miami releases the indictment of the Ochoas, Pablo Escobar, Carlos Lehder, and José Gonzalo Rodríguez Gacha under the RICO statute. The indictment names the Medellin cartel as the largest cocaine smuggling organization in the world.

November 21, 1987: Jorge Ochoa is arrested in Colombia. Ochoa is held in prison on the bull-smuggling charge for which he was extradited from Spain. Twenty-four hours later a gang of thugs arrive at the house of Juan Gómez Martínez, the editor of Medellin's daily newspaper El Colombiano. They present Martinez with a communique signed by "The Extraditables," which threatens execution of Colombian political leaders if Ochoa is extradited. On December 30, Ochoa is released under dubious legal circumstances. In January 1988, the murder of Colombian Attorney General Carlos Mauro Hoyos is claimed by the Extraditables.

November 17, 1993: President Clinton signs the North American Free Trade Agreement which results in an enormous increase in legitimate trade across the US-Mexican border. The volume of trade increases the difficulty for US Customs officials seeking to find narcotics hidden within legitimate goods. [Ed: Of course, reducing the supply of drugs was already an essentially hopeless task.]

November 17, 1993: At an International Network of Cities on Drug Policy conference in Baltimore, Maryland former Colombian high court judge Gomez Hurtado tells the Americans present, "Forget about drug deaths, and acquisitive crime, and addiction, and AIDS. All this pales into insignificance before the prospect facing the liberal societies of the West. The income of the drug barons is greater than the American defense budget. With this financial power they can suborn the institutions of the State and, if the State resists... they can purchase the firepower to outgun it. We are threatened with a return to the Dark Ages."

November 19, 1993: In Missouri, a Drug Enforcement Administration (DEA) helicopter crashes while conducting surveillance of suspected drug activity, killing a St. Louis police officer and critically injuring the pilot. The crash occurs in a rural, heavily wooded area 15 miles south of St. Louis. The man killed is Stephen Strehl, 35, a 14-year department veteran assigned to a DEA drug task force. The pilot, Hawthorn Lee, is hospitalized in critical condition.

November 15, 2001: Asa Hutchinson, administrator for the Drug Enforcement Administration, and Republican Gov. Gary Johnson of New Mexico debate the war on drugs in front of about 150 people in Yale's Law School auditorium.

November 19, 2001: Former West Vancouver (Canada) school superintendent Ed Carlin becomes furious with the North Vancouver Royal Canadian Mounted Police after a blunder during which the emergency response team raids a basement rental suite occupied by his son and three others in search of drugs and guns -- the police find Nintendo controllers in the home, but no guns or drugs.

November 15, 2002: NFL star and NORML advisory board member Mark Stepnoski is interviewed on the O'Reilly Factor.

November 20, 2008: Irvin Rosenfeld marks his twenty-sixth anniversary of receiving a monthly tin of about 300 pre-rolled medical marijuana cigarettes from the United States government, as one of five living patients grandfathered into the now defunct Compassionate Investigative New Drug Program.

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Job Opportunities: Marijuana Policy Project, Arizona and Washington, DC

LEGISLATIVE ANALYST

The Marijuana Policy Project is seeking a Legislative Analyst to work in its State Policies Department. This position is an excellent opportunity to play an integral role in a fast-paced, well-respected advocacy organization. The overarching goal of the Legislative Analyst is to help MPP pass state-level legislation to (a) permit the use of medical marijuana by patients whose doctors recommend its use or (b) decriminalize marijuana possession.

Candidates should have exceptional oral communication skills, flawless writing, and a professional appearance. Candidates should also be highly organized, self-motivated, and able to accomplish a defined and ambitious set of goals. Candidates who are lawyers are strongly preferred, as are candidates with experience working in public policy.

The Legislative Analyst is in charge of monitoring all marijuana-related bills -- and generating letters from the grassroots for or against the most important bills -- in approximately 18-21 states. To this end, the Legislative Analyst will: Act as the first point of contact and coordinate with grant recipients in each assigned state; Use an online legislative monitoring system to determine which bills are relevant to marijuana policy in each assigned state; Maintain each of MPP's state Web pages with updated legislative information, pre-written letters for constituents to send to legislators, "tell a friend" messages, pre-written letters-to-the-editor, and relevant news articles. (For example, see www.mpp.org/NY.) The Legislative Analyst is responsible for all of this writing; Write and e-mail legislative alerts to all MPP members and allies in a given state, asking them to visit their state's page on MPP's Web site to send pre-written letters to their state legislators; Assist the Director of State Policies with legislative research and analysis and any other functions to assist in the passage of state legislation, including by identifying and preparing witnesses for legislative testimony and advocacy, and communicating with legislators; and Prepare and file lobbying expense reports, and, if the candidate is an attorney, perform occasional legal work such as reviewing contracts, revising legislation, and legal research.

The Legislative Analyst reports to MPP's Director of State Policies, who in turn reports to MPP's Executive Director. The salary for the position is $35,000, plus full health insurance and a retirement plan.

ARIZONA CAMPAIGN MANAGER

MPP is also seeking a Campaign Manager for MPP's Arizona ballot initiative campaign to legalize the possession and cultivation of small amounts of marijuana for patients who have a doctor's recommendation. This position is based in Arizona and runs through November 2010.

The overarching goal of the Campaign Manager is to successfully implement the campaign strategy from the campaign's inception through Election Day and ensure that every possible measure is taken to win the campaign. All aspects of the campaign will be overseen by MPP's Director of State Campaigns, with the Campaign Manager playing a key supporting role to the Director of State Campaigns and the campaign consultants.

This position requires a minimum of two years of statewide campaign experience in a senior management position, though five or more years are preferred. The ideal candidate will be a goal-oriented, fastidious, hands-on manager. The Campaign Manager must be hardworking, get along well with people, and have excellent communication and management skills. Applicants who have ties to the Arizona political community will be given priority, although such ties are not a requirement.

The Campaign Manager will: Oversee and successfully complete the signature drive to place the initiative on the November 2010 statewide ballot; Oversee all day-to-day campaign operations; Act as first point of contact for the general public and the local activist community; Ensure that the local activist community is happy and engaged; Identify, train, and successfully manage/utilize regional volunteer spokespeople; Oversee the distribution of all written campaign materials, such as campaign literature, Web site updates, etc.; Work closely with the campaign's in-state consultants; Assist in-state, paid consultants with coalition-building efforts as requested, resulting in a substantial number of community leaders and organizations publicly backing the campaign; Have fundraising meetings with potentially major donors; Work closely with MPP's State Campaigns office in Las Vegas to ensure that the campaign complies with all applicable campaign laws and successfully files all campaign finance reports; and Assist the consultants with media operations, as requested.

The Campaign Manager reports to MPP's Director of State Campaigns, who is based in Las Vegas. The Campaign Manager's salary is $50,000 to $60,000, plus full health insurance and a modest retirement plan.

To apply for these positions, visit MPP's job application guidelines and follow the instructions there. Interviews are being conducted on a rolling basis, so interested candidates are encouraged to apply as soon as possible.

With 38 employees, 25,000 dues-paying members and 100,000 e-mail subscribers nationwide, MPP is the largest marijuana policy reform organization in the United States. MPP works to minimize the harm associated with marijuana -- both the consumption of marijuana and the laws that are intended to prohibit its use -- and believes that the greatest harm associated with marijuana is imprisonment.

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