Drug War Chronicle #572 - February 13, 2009

Editorial: Obama's Other War

guest editorial by Matthew Robinson

As commander-in-chief, President Barack Obama must now oversee our wars in Iraq and Afghanistan. As President, he is also responsible for another war, one that has gone on much longer and been more costly in terms of dollars spent and lives lost.

The Office of National Drug Control Policy (ONDCP) is an executive agency in the White House. According to its web site, ONDCP is charged with establishing the policies, priorities, and objectives for all US drug control policy. And Obama is now in charge of ONDCP.

ONDCP's goals include reducing illicit drug use, manufacturing and trafficking of drugs, drug-related crime and violence, and drug-related health consequences. Research has shown that ONDCP has failed to consistently meet these goals since it was created in November 1988.

propaganda for too long -- ONDCP's National Drug Control Strategy report

In spite of this, each year when it releases its National Drug Control Strategy, ONDCP continues to "sell" the drug war by saying it is effective, compassionate and balanced, even though it is none of these things. My research has shown that ONDCP has consistently misled Congress and taxpayers about the fact that the drug war has largely failed.

For example, ONDCP focuses almost exclusively on short-term declines in reported use by young people, ignoring increases in some drugs by youth as well as long-term trends and drug use by adults. Further, it claims our nation's drug control policy is balanced even though the budget is clearly tilted in favor of reactive and supply side tactics such as domestic law enforcement and military spending rather than proactive and demand side methods such as prevention and treatment.

Critics of the drug war have pointed out, correctly, that the most effective as well as cost-effective measures are carefully designed and honest prevention messages and well-staffed drug abuse treatment programs. Yet, 65 percent of the FY 2009 drug control budget is intended for the less effective measures of domestic law enforcement, interdiction and international spending, versus only 35 percent for prevention and treatment. And these figures actually underestimate the amount going to reactive drug control strategies for they do not count the tens of billions of dollars spent each year arresting, processing, and punishing drug offenders.

On the night Barack Obama accepted the Democratic nomination for President, he said he would "go through the federal budget, line by line, eliminating programs that no longer work and making the ones we do need work better and cost less, because we cannot meet twenty-first century challenges with a twentieth century bureaucracy." ONDCP is a failing agency, one that needs to be completely revamped.

In the 2009 National Drug Control Strategy, ONDCP reports that the Office of Management and Budget's Program Assessment Rating Tool (PART) scores have been released for more than 20 drug control programs. PART rates a program's purpose, planning, management, and results to determine its effectiveness on a scale from 0 to 100. What ONDCP fails to report are its scores. The scores for results are: 42 (Drug-Free Communities Support Program); 33 (High Intensity Drug trafficking Areas); 11 (Counterdrug Technology transfer Program); 7 (Counterdrug Research & Development); and 6 (Youth Anti-Drug Media Campaign). Yes, that is out of 100.

According to ONDCP's stated budget, we spend more than $14 billion each year on national drug control policy; in fact, the true cost is much higher. But one thing is clear -- much of this spending is wasted on ineffective programs. Further, more than $420 million is spent on ONDCP itself, a nontransparent, dishonest executive agency.

Obama claims his administration will be transparent and honest, and that the policies he will pursue will be evidence-based. So here is an exciting possibility for Obama to live up to his word. To do this, he must welcome drug abuse experts to the White House, listen to them, and read their work.

The vast majority of drug abuse experts will tell Obama that the drug war has been a massive failure. We've wasted hundreds of billions of dollars under ONDCP's direction pursuing policies and programs that not only fail to meaningfully reduce the availability and use of illicit drugs but also cost us thousands of lives every year. Continuing to spend money on these policies and programs is like pouring money down a hole. Given the state of the economy, we simply cannot justify staying on this path.

The good news is that even conservatives in Congress should welcome a new path. After all, they probably hate big government more than Obama. And the drug war is big government, running amok and out of control.

Even better news is that more effective alternatives are available, including policies aimed at preventing experimentation with drug use among young people, reducing harms associated with illicit drug use among adults, and reducing drug abuse through public health approaches such as treatment.

The time for change is now. Based on Obama's choice for Director of ONDCP -- Seattle Police Chief Gil Kerlikowske -- there is hope for a change in direction. Though Kerlikowske has been in law enforcement for 36 years -- a medical or public health professional might make a better pick -- he is an advocate for community-oriented policing and investing in crime prevention. Kerlikowske opposed a ballot measure in Seattle to make marijuana possession the lowest law enforcement priority, but he also said it was already a low priority, and marijuana possession arrests by his department have dropped substantially since the measure's enactment. Medical marijuana is legal in Seattle, and the city runs needle exchanges and other programs based on the philosophy of harm reduction. Kerlikowske has not been an outspoken advocate for those programs, but neither has he stood in their way.

For there to be real change in the drug war, Kerlikowske must immediately learn that he has inherited an agency that has consistently failed to achieve its goals and to tell the truth to the American people. If Obama believes in a transparent, honest, evidence-based drug control policy, it will be up to Kerlikowske, once confirmed, to make that a reality.

Matthew Robinson is Professor of Government and Justice Studies at Appalachian State University. He is the author of nine books including Lies, Damned Lies, and Drug War Statistics (SUNY Press, 2009).

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Feature: It's Time for a New Drug Policy Paradigm, Say Latin American Leaders

A blue-ribbon commission of Latin American leaders has issued a report saying that the US-led war on drugs has failed and it is time to consider new policies, particularly treating drug use as a public health problem and decriminalizing marijuana. The report is an attempt to intervene not only in Latin American, US, and European drug policy debates, but also in the United Nations' ongoing 10-year review of global drug policies, which will culminate next month in a ministerial meeting in Vienna.

Latin America is the leading exporter of both cocaine and marijuana. As such, it has faced the ravages of heavy-handed American anti-drug interventions, such as Plan Colombia and earlier efforts to destroy the Bolivian coca crop, as well as the violence of drug trafficking organizations and politico-military formations of the left and right that have grown wealthy off the black market bonanza. And while the region's level of drug consumption has historically been low, it is on the rise.

"The main reason we organized this commission is because the available evidence indicates the war on drugs is a failed war," said Cardoso at a Wednesday press conference in Rio de Janeiro to announce the report. "We need a different paradigm to cope with the problem of drugs. The power of organized crime is undermining the very foundations of democracy in some Latin American countries. We must acknowledge that these policies have failed and we must break the taboo that prevents us from discussing different strategies."

In the report, the commission calls for more humane and effective drug strategies. It emphasizes the following broad themes:

• Treat drug use as a public health issue;

• Reduce consumption through information and prevention actions;
• Focus on enforcement against organized crime.

The commission also called on governments and civil society around the globe to "assess in the light of public health and advanced medical science the possibility of decriminalizing possession of marijuana for personal consumption."

"We need to break the taboo that's blocking an honest debate," Cardoso said, repeating one of the phrases of the day. "Numerous scientific studies show that the damage caused by marijuana is similar to that of alcohol or tobacco," said the well-respected former Brazilian leader.

"Decriminalization is only part of the solution," warned former Colombian President Gaviria. "You need to do what the Europeans are doing, which is helping addicts. That's what the US doesn't do; it just puts them in jail," he scolded. "You tripled the jail population in the US in the last 20 years because of prohibitionism. The half million people in jail because of drug consumption, is that reducing consumption?" he asked. "The excuse is that people commit crimes to get money, but you deal with that putting addicts under a doctor and helping them with their problem."

The commission has three objectives, said Gaviria. "We want to create a Latin American policy around the consumption of drugs, we want to promote a debate in the US -- we are very concerned that there is no real public debate on the politics of drug trafficking in US politics -- and we want the European Union countries to take more responsibility for drug consumption," he said. "They are not doing enough to reduce the consumption of drugs."

"This report represents a major leap forward in the global drug policy debate," said Ethan Nadelmann, executive director of the Drug Policy Alliance, who addressed a commission session in Bogotá last September. "It's not the first high-level commission to call the drug war a failure, nor is it the first time any Latin American leader has criticized the prohibitionist approach to global drug control. But it is the first time that such a distinguished group of Latin Americans, including three highly regarded ex-presidents, have gone so far in their critique of US and global drug policy and recommendations for what needs to be done."

The commission report is on "the cutting edge" of the global drug policy debate, said Nadelmann. "This is evident in its call for a 'paradigm shift,' in its recognition of the important role of harm reduction precepts and policies, in its push for decriminalization of cannabis, and in its critique of 'the criminalization of consumption.'"

Now it is on to Vienna -- and beyond -- said commission members. It is past time for a new approach, not only in the US, but internationally, they said.

"We hope the meeting in Vienna will not produce a result like previous meetings, where they just kept pushing back the date on which drugs will disappear," said Rubem Cesar Fernandes of the civil society organization Viva Rio. "The main discussion in Vienna should be whether the world should adopt European harm reduction policies. Most Latin American countries are supporting the approach of dealing with this as a health problem, not a criminal one."

Fernandes looked with guarded optimism at the new Obama administration. "We hope the Obama administration will at least be able to open that possibility because now the US totally opposes harm reduction as good policy," he said. "The world is not moving to follow the US jail policy. The US needs to think about whether putting people in jail is really solving the problem."

"Discussions in Vienna are not enough," said Cardoso. "We need national debates in all our countries, as well as inside the US. A clear dialog with the US is very important. We will try to get in contact with the Obama administration."

And so the pressure builds, on both the UN and the US. Will it be enough to force dramatic changes in Vienna or Washington? Probably not yet. But the global prohibitionist consensus is crumbling, clearly if slowly.

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Feature: Drug Reformers Boycott Kellogg Cereals Over Dumping of Michael Phelps Over Bong Photo

Mixing equal parts genuine outrage and political calculation, major elements of the drug reform movement have begun a national boycott of cereal giant Kellogg over its treatment of Olympic gold medalist Michael Phelps. Phelps was famously caught holding a bong in a photograph that surfaced last week, leading Kellogg to refuse to renew his endorsement contract.

Michael Phelps

In a statement last week, the Michigan-based Kellogg said Phelps' behavior was "not consistent with the image of Kellogg." Oddly enough, Kellogg did not have a problem with Phelps' 2004 conviction for drunk driving. As recently as last fall, Kellogg's was touting its partnership with the hero of the Beijing Olympics.

"Michael's commitment to encouraging healthy lifestyles, especially among children, is in line with our many programs that educate consumers and promote good nutrition," said Brad Davidson, president of Kellogg North America. "He demonstrates that winning is not just about the glory that comes with gold medals, but that it's also about good sportsmanship, eating right, working hard and being your best."

Kellogg did not respond to Drug War Chronicle calls and emails this week requesting comment.

As the Phelps affair rocketed through the media -- it has been the subject of countless mass media reports, sports columns, and blog postings -- anger over Kellogg's treatment of the talented swimmer percolated through the drug reform community, as well as among marijuana aficionados everywhere.

"Kellogg's dismissal of Phelps is hypocritical and disgusting, and our members are angrier than I've ever seen them," said Marijuana Policy Project (MPP) executive director Rob Kampia. "Kellogg's had no problem signing up Phelps when he had a conviction for drunk driving, an illegal act that could actually have killed someone. To drop him for choosing to relax with a substance that's safer than beer is an outrage, and it sends a dangerous message to young people," he said.

"Kellogg is telling young people that drunk driving is okay, but using a social relaxant that's safer than beer gets you fired," Kampia continued. "That's not just outrageous, it's potentially lethal. We all know that boycotts are difficult to pull off, but the 100 million Americans who've made marijuana this nation's number one cash crop represent a lot of buying power -- buying power that Kellogg may wish it hadn't alienated."

MPP is by no means alone. In a coordinated effort, groups including the Drug Policy Alliance (DPA), Students for Sensible Drug Policy (SSDP), the National Organization for the Reform of Marijuana Laws (NORML), and StoptheDrugWar.org have endorsed the boycott.

And it isn't just the "pro-pot lobby," as some media have referred to the reform groups, that is upset. Kellogg was so inundated with calls complaining about its decision to dump Phelps that it had to set up a special phone line to handle them all. The Kellogg Phelps line was getting so many calls it was listed above the line for dealing with questions about salmonella-tainted peanut butter products.

''If you would like to share your comments regarding our relationship with Michael Phelps, please press one to speak to a representative,'' said the recording. ''If you're calling about the recent peanut butter recall, please press two now.''

Boycotts are iffy things; their success depends not only on mobilizing consumers to act, but also on the willingness of the target to be influenced. The groups involved in the boycott said they understood the chances of persuading Kellogg to reverse its decision were not great, but that helping Phelps regain his lucrative endorsement deal was not the only reason for the action.

"We are trying to bring attention to the fact that Michael Phelps has committed an act that millions and millions of Americans have committed," said Amber Langston, SSDP eastern region outreach director, who noted that about 25,000 people had signed on to the group's petition -- begun before the Kellogg announcement -- urging that Phelps not be barred from Olympic competition. "He's still a hero, he's not a bad person, and he doesn't deserve to be punished. Our students have really mobilized to let Kellogg know how we feel."

The Phelps bong brouhaha and the South Carolina arrests of students attending the party where he was photographed could have a silver lining, Langston said. "Those arrests were completely ridiculous, but some good could come of all this by bringing attention to the fact that people are being needlessly punished. Phelps should not be arrested, and neither should the people who were there with him."

Langston may be on to something. Media coverage of the affair has been remarkable in that it has sparked more coming out of the closet as pot smokers than ever before and notable for the mocking tone about the hand-wringing over Phelp's bong photo and marijuana in general.

"This has struck a nerve like never before," said DPA's Ethan Nadelmann. "It is a case of overreach that provides an opportunity for the movement," he said. "When you look at the overwhelming majority of responses to this, it was give me a break, we have a president who smoked pot, enough with this hypocrisy. They are trying to say this sends the wrong message to the kids, but this is a guy who brought home a dozen gold medals."

Kellogg's decision to dump Phelps provided a rare opening for the reform movement, said Nadelmann. It's easier to pressure a corporation than a government, he noted.

"One of the challenges we face in drug policy reform," said Nadelmann, "is that we don't often have the option of targeting corporations doing bad things because we are mostly opposed to government -- not corporate -- policies. But this is an easy case. Also, Kellogg is a very prominent company, and it is helpful to be able to go after a visible target. And to be able to say that millions of Americans will no longer be turning to Kellogg when they have the munchies is a laugh line, but it's also true."

"The boycott call gives us a venue to really put the issue in perspective and talk about why marijuana prohibition is harmful and counterproductive," said MPP communications director Bruce Mirken. "It's a way to put the issue out into the public discussion. Nobody would care if this guy was photographed holding a martini or a bottle of beer, yet there is all this uproar despite there being no dispute that alcohol is the more dangerous drug."

And it's working, Mirken said. "We're a bit blown away by the intensity of the media attention around this. We've been doing radio interviews literally all day, and we have more scheduled for tonight," he said Wednesday. "Even if we don't change Kellogg's position -- and we know that effective boycotts are difficult -- this gives us a huge opportunity to educate the public about the fact that the laws don't make any sense."

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Law Enforcement: This Week's Corrupt Cops Stories

There may be something rotten in the dope squad in Philly, something definitely was rotten in Beantown, and yes, another jail guard goes down. Let's get to it:

In Philadelphia, the city District Attorney's office announced Monday in was opening a probe into a city police narcotics officer accused by a former confidential informant of falsifying evidence to make cases against suspected drug dealers. Officer Jeffrey Cujdik, 34, a veteran of nearly 12 years with the department, has turned in his gun, and the FBI is about to join the department's internal affairs unit and the DA's office in investigating the case. Suspicions about Cujdik and his informant, Ventura Martinez, were first raised more than a year ago by a suspicious defense attorney in a drug case. Martinez lived in a house owned by Cujdik, an apparent violation of department rules for keeping snitches at arms' length, and had been earning $200 or $300 a pop for turning up drug or guns cases for his handler. But Cujdik ended the relationship and threw Martinez out of the house in December, and Martinez is saying Cujdik regularly fabricated evidence to make drug busts. Now, Philadelphia public defenders say they are reviewing the cases of people jailed in cases involving Cujdik, and so are prosecutors.

In Boston, a former Massachusetts state trooper pleaded guilty Monday to conspiring to distribute the prescription pain reliever OxyContin and using extortion to collect drug debts. Former trooper Mark Lemieux was one of four people, including a retired state trooper, arrested in May 2007 on OxyContin conspiracy charges. The retired trooper, Joseph Catanese, had worked with Lemieux on a drug task force. He pleaded guilty last fall to using extortion to collect drug debts and conspiring to obstruct justice. Two civilians in the case have received three-year prison terms. Catanese and Lemieux have yet to be sentenced.

In Jamestown, California, a Sierra Conservation Center jail guard was arrested February 2 for allegedly selling drugs to inmates. Jail guard Matthew McCollum, 27, faces charges of possessing drugs in prison, bringing drugs into the prison, selling drugs to inmates, and criminal conspiracy. He had been employed there since August 2008.

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ONDCP: Seattle Police Chief Gil Kerlikowske Named New Drug Czar

President Obama has named Seattle Police Chief Gil Kerlikowske to head the Office of National Drug Control Policy (ONDCP), colloquially known as the drug czar's office, a White House official confirmed Thursday. It is not clear when the official announcement will be made.

Gil Kerlikowske

How Kerlikowske will behave as drug czar is unclear. His has not been a loud voice on drug policy, but he has been police chief in a city, Seattle, that has embraced lowest-priority policing for adult marijuana offenses and needle exchange programs, and he has gone with the flow in regards to those issues. For a keen local look at Kerlikowske, Seattle activist turned journalist Dominic Holden's musings on Kerlikowske are well worth checking out.

Prior to being named Seattle police chief in 2000, Kerlikowske served as deputy director in the Justice Department, where he oversaw the Community Oriented Policing Services (COPS) grant program. He also spent four years as Buffalo's police commissioner. The military veteran has a total of 36 years in law enforcement, where he has earned a reputation as a progressive.

While Kerlikowske has a national profile in law enforcement circles, it is not because of drug policy. His interests have been around gun policy, immigration, and electronic data mining of private records, which he has criticized as highly intrusive and not very useful.

Drug reformers had advocated for someone with a public health -- not a law enforcement -- background to head ONDCP. But a progressive law enforcement official who has a record of tolerating drug reform and harm reduction efforts may make for a decent drug czar from the reform perspective.

"While we're disappointed that President Obama seems poised to nominate a police chief instead of a major public health advocate as drug czar, we're cautiously optimistic that Seattle Police Chief Gil Kerlikowske will support Obama's drug policy reform agenda," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "What gives us hope is the fact that Seattle has been at the cutting edge of harm reduction and other drug policy reform developments in the United States over the last decade," he said.

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Incarceration: Federal Judges Order California to Free Tens of Thousands of Prisoners

A panel of federal judges charged with overseeing the California prison system tentatively ruled Monday that the state must release tens of thousands of inmates from its swollen prison population to reduce overcrowding. The three-judge panel said that no other action would improve conditions so awful that inmates regularly commit suicide or die from lack of proper medical care.

CDCR secretary Matthew Cate responds to the court order (cdcr.ca.gov/News/2009_Press_Releases/Feb_09.html)

According to the California Department of Corrections and Rehabilitation Services year end 2007 report, some 34,000 drug offenders were imprisoned in the Golden State. That figure includes some 1,500 marijuana or hashish offenders.

"There are simply too many prisoners for the existing capacity," they wrote in the 10-page order. "Evidence offered at trial was overwhelmingly to the effect that overcrowding is the primary cause of the unconstitutional conditions that have been found to exist in the California prisons."

The San Francisco-based panel said it may hold more hearings before making the decision final. It suggested the state could reduce the prison population by the amount required through changes in parole and other policies without endangering the public safety.

Reducing the size of the nation's largest state prison system "could be achieved through reform measures that would not adversely affect public safety, and might well have a positive effect. This is particularly true considering that California's overcrowded prison system is itself, as the governor, as well as experts who have testified before the Court, have recognized, a public safety hazard," the judges said.

The order came quickly after the judges heard two days of closing arguments last week. The judges said they hoped to force the state to either reach a settlement with attorneys for the inmates who brought the lawsuit or to act on its own to rectify the situation. Previous negotiations had failed to achieve a settlement, leading to a two-week trial in November and December.

"Obviously, the governor and I strongly disagree with the panel's conclusions and our response will be based on how best to protect the public from a court-ordered release of inmates," said CDCR Secretary Michael Cate said in a statement.

But the judges said California largely brought the problem on itself, and that savings from reforms could help pay for reentry services for the expected flood of ex-inmates. "California, like most other states, is in the throes of an unprecedented economic crisis," the panel noted. State law enforcement, courts, and rehabilitation services are stretched tightly in the state's $42 billion budget deficit crisis.

The judges pointed out that the CDCR has projected it could save $800 to $900 million a year by sending fewer parolees back to prison on technical violations and by increasing good time for inmates who take classes and vocational programs. "It appears from these figures that the State could easily fully fund all the community rehabilitative and other programs... without expending any funds other than those regularly provided in the prisons budget," the judges wrote.

This is not a done deal yet, but we could be seeing the beginning of the end of California's massive over-incarceration binge. Too bad it's taking an intervention by the federal courts to wean the state of its addiction to mass imprisonment.

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Pain Management: FDA to Tighten Regulation of Extended-Release and Patch Opioid Meds

The Food & Drug Administration (FDA) is beginning a "massive new program" to reduce overdoses, diversion, and inappropriate use of powerful opioid pain relievers, especially targeting extended-release and patch formulations of fentanyl, methadone, morphine, oxycodone, and oxymorphone. On Monday, the FDA announced it had sent letters to 16 drug companies who produce the 24 listed products informing them they would now have to create a Risk Evaluation and Management Strategy (REMS) "to ensure that the benefits of the drugs continue to outweigh the risks."

That means physicians are likely to face new procedures in prescribing the drugs, and patients are likely to face more hurdles in obtaining them, an FDA official said at a Monday press conference. But pain patients already face serious obstacles in obtaining relief. The FDA action comes in the context of a campaign by the DEA to crack down on doctors it deems to have improperly prescribed large amounts of opioid pain medication -- even though prescribing what at first glance appear to be extremely large amounts is well with standard pain relief practice. Physician's fears of being prosecuted have contributed to what pain patient advocates describe as a crisis in chronic pain relief.

"Pain patients aren't drug abusers looking for a prescription fix," said Gregory Conko, senior fellow at the Competitive Enterprise Institute, which teamed up with the Pain Relief Network last May to create the Politics of Pain campaign to fight for patients' access to sufficient pain medications. "It's a genuine tragedy that the DEA often treats them and their doctors as if they were. It's as though the agency just doesn't care whether its single-minded waging of the war on drugs imposes collateral damage."

The Politics of Pain campaign has collected personal stories from physicians and patients who have explained firsthand how difficult it can be to either offer or find sufficient treatment for pain conditions. In one video interview, Gulf War veteran James Fernandez and his wife tell their story of how he, once a robustly healthy US Marine, is now virtually confined to his home because of severe, ongoing pain that has been under-treated for years.

In another interview, Dr. Alexander DeLuca, a board-certified specialist in addiction medicine, describes the obstacles faced by a physician trying to deliver the "standard of care" called for by his own medical training. According to DeLuca, virtually no patients in the country today receive proper treatment for chronic pain.

Still, there are a lot of pain pills out there. Last year, US pharmacies dispensed 21 million prescriptions for the 24 medications listed to 3.7 million patients. "This is a very extensively used group of medications," said Dr. John Jenkins, director of the FDA's Office of New Drugs at its Center for Drug Evaluation and Research. "This will be a massive new program."

Jenkins said that abuse, misuse, and accidental overdoses involving those products had been on the rise over the last decade, and the agency is concerned about doctors inappropriately prescribing them for patients who are not suffering moderate or severe chronic pain.

"We continue to see case reports where someone with a sprained ankle receives a fetanyl patch or extended-release opioid," Jenkins said.

Dr. Bob Rappaport, director of FDA's division of anesthesia, analgesia, and rheumatology products, told the press conference the agency was also deeply concerned with the rising non-medical use of the opioids. He cited a Substance Abuse and Mental Health Services Administration (SAMHSA) report released Monday that showed some 5.2 million people said they had used prescription opioids for non-medical purposes in the past month, and that the figure among 18-to-24-year-olds had increased from 4.1% in 2002 to 4.6% in 2007.

"This is an ongoing problem, and it's getting worse," Rappaport said.

Forcing the drug manufacturers to submit REMS plans is "our attempt to ensure the benefits outweigh the risks," Jenkins said. The agency will seek to find an "appropriate balance between legitimate patient need for such drugs and the threats caused by the abuse and misuse," he added.

But tighter regulation isn't going to happen right away; a series of meetings with various stakeholders over the coming months are being set up to arrive at final regulations, said Jenkins. They will include patient advocates, health care professionals, the pharmaceutical companies, and law enforcement. The first meeting with manufacturers is set for March 3. Hopefully the concerns of patient advocates get heeded and successfully addressed, but it's not clear whether that is even possible with a venture of this nature given the current enforcement climate.

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Medical Marijuana: Minnesota Bill Passes Senate Committee

A bill that would allow qualified patients to use medical marijuana passed the Minnesota Senate Health, Housing and Family Security Committee on a bipartisan 8-3 vote Wednesday. The bill, SF 97, would allow patients or designated caregivers to possess up to 2.5 ounces of marijuana and up to 12 plants.

Minnesota State Capitol

"I believe this will be the year medical marijuana becomes law in Minnesota," said Sen. Steve Murphy (DFL-Red Wing), a sponsor of the bill. "We've seen now from the experiences of 13 states -- one-quarter of the country -- that these laws work well, and that the dire warnings of opponents simply don't come true. The voters understand that there is no reason to subject suffering patients to arrest and jail for using a doctor-recommended medicine."

The vote came after testimony from patients and family members, including Joni Whiting of Jordan, Minnesota. A Vietnam War veteran, Whiting told the committee she had strongly disapproved of marijuana until her daughter came down with melanoma and began to suffer nausea and pain from chemotherapy.

"I was opposed to marijuana," Whiting said, "but the nausea my daughter suffered from the chemotherapy was so bad she lost a lot of weight, and the pills the doctor prescribed didn't help -- including Marinol, the THC pill. Marijuana allowed her to eat and also helped ease her pain, and she looked better than I'd seen her in months. I would have rather spent the rest of my life in prison than have denied her the medicine that kept her pain at bay and allowed her to live 89 more days."

"I'm pleased to coauthor this important legislation that will empower doctors and patients while protecting sick and dying Minnesotans from the threat of criminal prosecution," said Sen. Debbie Johnson (R-Ham Lake). "Most FDA-approved drugs assist in managing short-term pain. Chronically ill and terminal patients need alternatives. Medical marijuana is one of those alternatives."

Not everyone testified in favor of the bill, and some opponents went to extremes in their testimony. "This bill would allow 18-year-old boys to grow marijuana in their homes without any outside supervision," said Tom Pritchard of the Minnesota Family Council. "My reading of the bill says it would prevent landlords from regulating the growing and use of marijuana on their premises. This bill would allow marijuana dispensaries to set up shop across the state, in homes and storefronts on main streets and neighborhoods and apartment buildings. Why? The only reason I can see is that it is to legitimize, frankly, the broader acceptance of marijuana in the community's eyes."

Not exactly. Under the bill, if an 18-year-old bill is suffering from one of the designated conditions, he, like any other adult, may grow his own medicine. But while juveniles may also use medical marijuana, only their parents can grow it. The bill does not require landlords to allow medical marijuana grows; it prohibits discrimination against people who use medical marijuana. The bill does provide for tightly-controlled, nonprofit "registered organizations" to grow marijuana for multiple patients.

Pritchard wasn't the only critic, nor even the most unreasonable. James Stinziani, who described himself as a member of the "Lyndon LaRouche operation," told the committee medical marijuana was simply a stalking horse for drug legalization pushed by front groups paid for by billionaire George Soros. "What is happening here -- if anybody is familiar with George Soros -- he is pretty much supporting and funding the major drug operations in the United States."

But the legislators weren't buying the fulminations and conspiracy theories. Now, it's on to the next hurdle, and the hurdle after that. Even if a bill passes the legislature, it faces the opposition of Gov. Tim Pawlenty (R), whose veto threats last year stalled a bill then.

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Europe: Danish Heroin Maintenance Program to Commence Next Month

Beginning sometime next month, hard core heroin users in Denmark will be able to receive two doses of heroin a day, courtesy of the Danish health system. They will have to go to one of five drug clinics established around the country, where they will be able to inject pharmaceutical grade heroin under a doctor's supervision.

downtown Copenhagen

Denmark thus joins a small but growing number of European countries, including Switzerland, the Netherlands, and Great Britain that have heroin maintenance programs. The goal is harm reduction.

"The aim is to improve their state of health, help them avoid committing crimes and stabilize their lives," Dr. Anne Mette Doms of the Danish Board of Health told the British newspaperThe Guardian. "Quitting altogether is not a realistic option for most of these patients. For them, this will be a chronic treatment, as if you were treating a chronic disease."

Support for such programs is a welcome change, said Preben Brandt, chairman of the Council for Socially Marginalized People. "Five years ago I decided I would not participate in yet another debate on drugs," he told the Guardian. "It was too emotional, with different groups being very aggressive. The counter-argument was always 'you kill people by giving heroin' or 'with this initiative, you are telling people that taking heroin is OK'," he said. "It is very difficult to have a rational debate when you are arguing against beliefs."

But successes in other European countries experimenting with heroin maintenance helped change the atmosphere, said Mads Uffe Pedersen, head of the Center for Alcohol and Drug Research at the University of Aarhus. "The politicians became convinced that it could help those with the most severe drug problems," he said. "You could not argue against the (positive) findings."

"The debate became more practical," agreed Brandt. "It was about what policies worked and which ones did not. It was no longer about morality."

And changing attitudes toward drug users also helped, Brandt said. "Drug addicts in Denmark are less stigmatized. They are no longer perceived as criminals who are a danger to society. They're seen as patients who have a disease they need help with. The new scapegoats in Denmark are the foreigners."

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Europe: British Drug Advisory Panel Recommends Downgrading Ecstasy, Government Says No

A pattern is beginning to emerge. For the second time in as many years, Britain's Labor government has rejected the evidence-based recommendations of the panel charged with crafting British drug policy to soften penalties for specific drugs. Last year, it was cannabis; this year, it is Ecstasy.

British Parliament

The ACMD is an advisory body established by the Misuse of Drugs Act of 1971 and charged with reviewing the appropriateness of each drug's classification and advising ministers on whether a drug should be reclassified, as well as offering broader advice on measures relating to drug use. The government is not bound to take its advice, as was the case last year with cannabis, and now with Ecstasy.

ACMD head Professor David Nutt responded to the government's rejection of the recommendation by accusing ministers of being influenced by politics and not scientific evidence. Ecstasy, said Nutt, was "harmful," but not harmful enough to be scheduled in Class A along with heroin and cocaine.

"Our job is not to give messages to the public," Nutt said in remarks reported by the Press Association. "Our job is to tell the Home Secretary and drugs minister about the relative harms of drugs. I think they have accepted our evidence but I think they have made a political decision. There is no doubt ecstasy is harmful but it isn't as harmful as heroin or cocaine."

The government accepted 11 of 13 ACMD recommendations tied mainly to confronting Ecstasy through a harm reduction approach. In addition to rescheduling, the government rejected a recommendation that drug users be provided with drug testing kits to ensure tablets are not adulterated or contaminated.

"Our job is to do science and to present the best science to government," Nutt continued. "Government is about politics and I guess, in an ideal world, the two would be harmonious and synchronized but in a way that's a question you should be asking the politicians."

Home Office minister Alan Campbell said he did not dispute the scientific findings in the ACMD's report. But he said Ecstasy was "unpredictable" and could cause death even in first-time users.

According to the ACMD, about 17 people die each year from Ecstasy-related causes. That prompted Nutt, in an article in a scientific publication, to write that the risks of taking Ecstasy were equivalent to those in riding a horse. That in turn prompted a stern rebuke from Home Minister Jacqui Smith, who successfully insisted that Nutt apologize for the comparison.

Although Labor and the Tories rejected rescheduling Ecstasy, the Liberal Democrats defended the panel. Dr. Evan Harris, party spokesman for science, said it was "deplorable" that ministers rejected the proposal. "Scientists must now seriously question whether it is worth them giving up their time to help a government that not only rejects the message but attacks the messenger."

Although the repeated rejection of ACMD recommendations is causing questions about the agency's future role, it is not shying away from controversy. Next on its agenda: downgrading LSD from Class A to Class B.

The Home Office has already made clear it will oppose that, too. "The government has no intention of reclassifying LSD, which has very random, and sometimes very frightening, effects," said a Home Office spokesman. "It can have serious, longer term implications for somebody who had a history of mental problems and may also be responsible for triggering a mental health problem that had previously gone undetected."

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Europe: Dutch Banks Must Deal With Cannabis Cafes, Minister Says

Dutch banks must accept cannabis coffee shops as clients, Dutch Finance Minister Wouter Bos said last Friday. Although Bos cannot force the banks to accept coffee shop accounts, he has asked the Dutch anti-trust authority to investigate, saying it appears the banks are colluding.

The finance minister's action comes as ever more Dutch banks are following the example of ABN Amro bank, which started refusing coffee shop accounts a dozen years ago. Rabobank followed suit, and just weeks ago the Dutch Postbank joined the trend.

The coffee houses are licensed, legitimate businesses in Holland. They are allowed to sell small amounts of marijuana. But the banks are turning down new accounts and terminating new accounts from coffee houses.

Bos said he acted out of fears that if the coffee houses are refused bank accounts, they could turn to criminal sectors for financial services.

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Alert: Keep the Promise, President Obama -- Stop the Medical Marijuana Raids!

One of President Obama's campaign promises last year was that he would stop the DEA's cruel and senseless raids on medical marijuana clinics. But less than two weeks since he took office, such raids have already been conducted on two occasions, hitting several clinics in the Los Angeles area last Tuesday.

We are hoping this is just Bush administration holdovers at work, and an administration spokesperson yesterday had encouraging words to this effect in the media -- change is coming on this issue, the Obama administration says. Follow the link below to our feature report to read more.

In the meanwhile, patients and the people who serve them are being subjected to continued injustice. Please click here to e-mail President Obama and Attorney General Eric Holder to ask them to take action now to stop the raids sooner rather than later. Don't just click, though, use the phone too -- the White House Comment Line is at (202) 456-1111 (be persistent, it's pretty busy right now), and the Attorney General's office is at (202) 353-1555.

If you are on Facebook or might want to be, please click here to sign our petition to President Obama on this issue. Please forward both of these links to your friends too.

Click here to read our feature story on this week's raids and the administration's encouraging response.

Thank you for taking action to bring positive change to US drug policy now!

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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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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 spring or summer semester 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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Weekly: Blogging @ the Speakeasy

Along with our weekly in-depth Chronicle reporting, DRCNet also provides 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! Check out the Speakeasy main page at http://stopthedrugwar.org/speakeasy.

prohibition-era beer raid, Washington, DC (Library of Congress)

Since last issue:

Scott Morgan writes: "Police Are Trying Very Hard to Bust Michael Phelps for Smoking a Bong," "USA Swimming Deserves Condemnation for Suspending Michael Phelps," "There Are So Many People in Jail, They Literally Don't Fit," "Has Obama Made a Good Choice for Drug Czar?," "Marijuana Probably Won't Give You Cancer in Your Testicles," "Crazed Sheriff Arrests Eight in Phelps Bong Investigation," "Call Kellogg's Today: Here's the Number," "SNL Slams Kellogg's for Dissing Marijuana Users," "Boycott Kellogg's! Fight Corporate Demonization of Marijuana."

David Borden links: "Good Kathleen Parker Editorial on Michael Phelps."

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.

Again, http://stopthedrugwar.org/speakeasy is the online place to stay in the loop for the fight to stop the war on drugs. Thanks for reading, and writing...

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Job Opportunity: Online Content Manager, Marijuana Policy Project, Washington, DC

The Marijuana Policy Project, a fast-paced, well-respected lobbying organization, is seeking an experienced Online Content Manager to develop and manage MPP's online communications strategy. The position is based in MPP's headquarters in Washington, DC.

This position is an exciting opportunity to play an integral role in a successful organization with a strong track record of changing laws. You'll have an enormous impact on MPP's online presence, work with emerging technologies, be surrounded by smart people, and have a direct part in changing US marijuana policy.

The goals of the Online Content Manager are to utilize online tools to build online traffic to MPP's web sites, bring in new subscribers to MPP's e-mail list, and increase online donations to MPP's work -- in order to ultimately build a network of activists who will readily contact their lawmakers, write letters-to-the-editor, and fund MPP's work.

The Online Content Manager is responsible for:

1. Managing MPP's main web site and some smaller micro-sites. Duties include ensuring MPP's web site meets the organization's strategic needs; writing web content and working with other staff to produce multimedia and other content features; indicators, tracking and analyzing data, and making adjustments to the site as necessary; managing the development of various micro-site projects as needed (from idea generation and planning to final content creation); and implementing some smaller content and user interface changes. (MPP's Web Developer handles MPP's site design and large coding projects, but the Online Content Manager will handle smaller updates.)

2. Managing MPP's national e-mail alert campaigns. Duties include writing and sending compelling e-mail alerts that increase donations and advocacy actions taken; developing and testing a variety of creative concepts and approaches; and establishing an alerts analytics program by setting measures of success and key performance indicators, tracking and analyzing data, and making adjustments as necessary.

3. Other online outreach. Duties include conducting quantitative and qualitative assessments of MPP's online efforts, and making and implement recommendations for improvements; researching, developing, and implementing the strategic use of digital tools, including multimedia content, search engine optimization strategy, and online outreach opportunities; proactively championing new technologies, trends, and web/interactive practices in support of MPP's goals; and managing MPP's thriving online social networking presence and other interactive online tools.

The Online Content Manager must be an experienced online communications professional with a proven track record of successfully developing strategy and content for web sites and e-mail alerts. Applicants should be able to demonstrate hands-on experience in developing written content for the Web; a solid understanding of HTML and CSS, and experience with Web development software such as Dreamweaver or Coda; an understanding of user-centered Web design principles, information architecture, usability testing practices, and Web 2.0 technologies and opportunities; experience setting and analyzing Web and e-mail metrics, including experience with Google Analytics; proficiency using Convio or similar online messaging/advocacy/fundraising software; solid project management skills in web and new media (at a minimum, candidates should have experienced a full development cycle from conception to launch, and should have experience with project management software like MS Project/Omni Plan); an ability to work with stakeholders at varying levels in order to learn MPP's strategic requirements and steer stakeholders to the best ways to use web content to meet their goals; and experience working with blogs and social networking sites.

The Online Content Manager's salary is $40,000-65,000, depending on experience, plus full health insurance and a modest retirement plan.

To apply, please see http://www.mpp.org/jobs/process.html and follow the instructions there. Interviews are being conducted on a rolling basis, so interested candidates are encouraged to apply as soon as possible.

ABOUT MPP: With 36 employees, 26,000 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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