Drug War Chronicle #586 - May 22, 2009

Feature: Supreme Court Rejects Counties' Challenge to California's Medical Marijuana Law

The last serious challenge to California's medical marijuana law died an anticlimactic death Monday as the US Supreme Court refused to hear appeals from two California counties that rejected the law and argued it should be struck down as violating federal drug laws. The court rejected the appeals without comment.

San Diego and San Bernardino counties had challenged the legality of Proposition 215 and the 2004 Medical Marijuana Act implementing it, which required counties to issue identification cards to qualified patients. The two counties refused to issue the cards, arguing that to do so would place them in conflict with federal law. (Eight other California counties have also failed to issue ID cards, but did not join in the legal challenge.)

While medical marijuana patients are not required to have the state-issued cards, they are seen as a means of protecting patients, doctors, and providers from arbitrary arrest under state drug laws. Local activists, frustrated with the recalcitrant stands of their elected officials, threatened to sue San Diego County, but instead of responding to the demands of the citizenry, officials there and in San Bernardino County filed suit themselves, seeking a declaration that federal drug laws preempted California's medical marijuana laws.

The counties lost in California district court in San Diego and appealed to the state appeals courts. They lost there, too, with the California 4th District Court of Appeal ruling unanimously against them. "Congress does not have the authority to compel the states to direct their law enforcement to enforce federal laws," the appeals court opinion noted, ruling that the state medical marijuana law was not voided by federal drug laws.

The counties then went to the California Supreme Court, which refused to hear their appeal. Now, the US Supreme Court has followed suit.

This same US Supreme Court ruled in 2005 in Gonzalez v. Raich that the federal government did have authority over even the non-commercial personal use of medical marijuana, but it did not rule on whether state laws allowing for medical marijuana are void because they conflict with the federal Controlled Substances Act. It still hasn't, but its refusal to hear the counties appeal clears the way forward both in California and nationwide.

"No longer will local officials be able to hide behind federal law and resist upholding California's medical marijuana law," said Joe Elford, chief counsel for Americans for Safe Access (ASA), a national medical marijuana advocacy group, which represented patients in the county's lawsuit against the state. "The courts have made clear that federal law does not preempt California's medical marijuana law and that local officials must comply with that law."

"The Supreme Court's order marks a significant victory for medical marijuana patients and advocates nationwide," said Graham Boyd, director of the ACLU Drug Law Reform Project, which also represented San Diego patients in the case. "This case struck at the core of the contentious intersection between state and federal medical marijuana policy, and, once again, it is clear that state medical marijuana laws are fully valid. Coupled with the Department of Justice's recent pronouncements that the agency will respect state medical marijuana laws, the Court's order leaves ample room for states to move forward with enacting and implementing independent medical marijuana policies."

"There is no longer any question that California officials must comply with state medical marijuana laws, that they can't use federal law as an excuse to subvert the will of the voters and the legislature," said Daniel Abrahamson, director of legal affairs for the Drug Policy Alliance (DPA). "As a result, stonewalling by a handful of hold-out counties will end, and medical marijuana patients statewide will receive the protections they are entitled to."

"The Supreme Court and the lower courts in California have blown away the myth that federal law somehow prevents states from legalizing medical marijuana," said Marijuana Policy Project (MPP) executive director Rob Kampia. "Opponents can no longer hide behind federal law in order to excuse their war on medical marijuana patients."

DPA's California state director, Stephen Gutwillig, took it a bit further. "The US Supreme court is reaffirming a basic principle of our democracy that states can establish and enforce drug laws that don't conform to federal law," he said. "The Supreme Court's action sets the stage for California to end decades of wasteful and ineffective marijuana laws that ensnare tens of thousands of people every year. Federal prohibition is no obstacle to eliminating California's arcane pot laws."

"The court has flattened the last faint justification for counties refusing to issue ID cards to legally qualified medical marijuana patients," said California policy director Aaron Smith. "We expect all counties that have delayed issuing cards to start following the law immediately and stop putting patients at needless risk. It's time for San Diego and San Bernardino Counties to end their war on the sick and obey the law," Smith said. "And taxpayers should hold to account the irresponsible officials who wasted their tax dollars on frivolous litigation."

County supervisors in both counties signaled this week that even if they weren't prepared to follow the will of the voters, they will heed the direction of the courts. "The case is officially over," San Diego County Supervisor Pam Slater-Price told the San Diego Union-Tribune Tuesday. "It is incumbent on us now to proceed with issuing medical marijuana ID cards, after we hear from our staff on appropriate guidelines."

Slater-Price had joined supervisors Dianne Jacob and Bill Horn in voting not to issue ID cards and again to pursue the case to the US Supreme Court after it lost in the state courts. The other two were still grumbling.

"I am disappointed the court did not take our case, but I am respectful of the court's decision," said Jacob. "We were seeking a definitive ruling, in writing, that would resolve the conflict between state and federal law. In my opinion, there remains a gray area that will continue to pose challenges for law enforcement and users."

Horn said he would abide by court rulings, but complained that the high court refused to hear the case. "It's still an issue I wish they would have heard," he said.

Meanwhile, in San Bernardino County, Supervisor Josie Gonzales told a group of medical marijuana supporters she is ready to support the issuing of ID cards now. "I've long been a supporter of medical marijuana," she said.

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Feature: Minnesota Legislature Passes Medical Marijuana Bill, But Veto Looms

After accepting amendments that significantly narrowed the scope of the medical marijuana legislation before it, the Minnesota legislature passed the bill, SF 97, Monday night. But Republican Gov. Tim Pawlenty has vowed to veto the bill, an act which has probably occurred by the time you read these words.

If, as promised, Pawlenty does veto the bill, proponents are not giving up. Instead, they are pondering another shot in the legislature next year, and if Pawlenty remains immune to compromise, they may instead seek a constitutional amendment next year, which would bypass the governor, taking the measure directly to the voters once it passes the legislature again.

The House passed its version of the bill Monday night on a 70-64 vote. The Senate, which had approved its version of the bill last month, accepted the House version, passing it on a 38-28 vote. The vote was largely along party lines, with most Republicans opposing and most Democratic Farm Labor (DFL) members supporting the bill. In neither chamber was the margin of victory large enough to overcome a veto.

The votes came after a day of rancorous debate Monday. Hoping to address law enforcement concerns cited by Pawlenty, the House accepted amendments limiting medical marijuana to terminally ill patients (even excluding cancer patients undergoing chemotherapy) and removing the ability for patients to grow their own plants.

But that wasn't enough for some opponents of the measure. "It is absolutely wrong to refer to this as medical. It is wrong to use the pain and discomfort of sick people to sell this bill," said Rep. Steve Gottwalt (R-St. Cloud).

"The bill will be vetoed no matter what form it leaves here. I'm not willing to give up the war on drugs. If we leave this war more people are going to get sick and die," vowed Rep. Tony Cornish (R-Good Thunder).

If such comments are a normal part of the legislative debate, Rep. Tom Emmer (R-Delano) crossed a line with some of his colleagues. Emmer offered a series of snickering amendments that enraged supporters and led to a heated exchange. One amendment he offered would remove every reference to the words "medical marijuana" and replace it with the word "pot."

"We are not talking about medicine. We are not talking about marijuana. Let's call it what it is: 'pot,'" Emmer said. "It is a gateway drug and it has very serious and real physical impact. All we are doing here is legalizing marijuana." He added, "Let's not send the kind of message to the children of the state that marijuana is OK."

One of the bill's authors, Rep. Tom Rukavina (DFL-Virginia), reacted angrily. "It might be cute, but the testimony of the families of people who were helped by medical marijuana are very moving," he said, speaking directly to Emmer. "I don't know if you are trying to be cute, but I think your amendment stinks and I would urge members to vote against it."

"You should be ashamed of yourself," said Rep. Thomas Huntley (DFL-Duluth), recalling the struggles his own family members had with cancer.

Even a Republican colleague chastised Emmer. "We have a very serious issue in front of us," said Rep. Mark Buesgens (R-Jordan). "We are talking about the quality of people's lives at the end of their lives, the sickest of the sick," he said. "It's not a matter we should be joking about on the House floor."

Emmer responded angrily to his critics. "I didn't bring this here to be cute, to make a mockery," he shouted. "You are taking a drug that has serious consequences for young people in the country, so before you start mocking me for doing what I think is right, think about that! This is no joke!"

The "pot" motion failed, but on a roll, Emmer then offered two more amendments, one to remove the word "medical" from the bill and one to replace "medical marijuana" with "authorized marijuana." Those two amendments also failed.

Now, the measure is in the hands of Gov. Pawlenty, who has consistently said he shared law enforcement's concerns about rising crime and drug use if the measure passed. At a Tuesday afternoon press conference, he announced that he would veto the bill. Then he added, "I have great empathy for patients."

"What he said about empathy for the sick is just a lie," said Bruce Mirken, communications director for the Marijuana Policy Project, whose state affiliate, Minnesotans for Compassionate Care, led the fight for the bill's passage. "You don't show empathy for the sick by throwing them in jail while they're dying."

Overriding a veto isn't a "realistic option," said former Republican state representative Chris DeLaForest, lobbyist for Minnesotans for Compassionate Care. "The votes aren't there."

But the effort will continue next year. "We could come back next session and pass it again and try to address Pawlenty's concerns," said DeLaForest. "I'm always optimistic," he said diplomatically. "The legislature doesn't reconvene until February. There's time to work in the interim."

Pawlenty's refusal to sign onto even the watered down version of the bill that finally passed the legislature suggests his stated reasons for opposing it are questionable, said Mirken. "This bill was narrowed down so drastically that even the flimsiest pretexts that he and law enforcement used have evaporated," he said. "They said it would be rife with abuse, but this bill as passed is limited to terminal patients who would have to get their marijuana from a state-licensed dispensary. A lot of suffering and deserving patients would have been left out, but in regards to a coherent reason to veto this, there is none."

Pawlenty is being talked about as a potential 2012 Republican presidential candidate, Mirken noted. "One can only assume that this veto is about politics," he said. "This is a guy with political ambitions who thinks he needs to stay on the right side of law enforcement to advance his career. It's a shame he is willing to sacrifice patients on the altar of his ambition."

Blocked by a recalcitrant governor, Minnesota medical marijuana proponents are considering an end run around him next year. Under Minnesota law, the legislature can bypass the governor by voting for a constitutional amendment to allow medical marijuana use. If such a measure passes the legislature, it would then go directly to a popular vote. With support for medical marijuana at high levels in Minnesota, proponents believe the measure would pass.

If DeLaForest is optimistic, he's also pragmatic. Noting that Pawlenty has proven immune to even the most tightly drawn legislation, DeLaForest said a constitutional amendment was a possibility. "That would be drafted in bill form and would have to pass the legislature, but the governor is essentially written out of the process," he said. "It goes directly onto the ballot for our next election, and medical marijuana is polling at 64% here."

"We have indications that some of our legislative supporters are willing to go that route," said Mirken. "We would certainly support a constitutional amendment at this point. It's sad that we have to, but if that's what it takes, that's what it takes."

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Drug War Chronicle Book Review: "Andean Cocaine: The Making of a Global Drug," by Paul Gootenberg (2008, University of North Carolina Press, 442 pp, $24.95 PB)

Phillip S. Smith, Writer/Editor

Regardless of what you may think about cocaine -- party favor or demon drug -- one thing is clear: Cocaine is big business. These days, the illicit cocaine industry generates dozens of billions of dollars in profits annually and, in addition to the millions of peasant families earning a living growing coca, employs hundreds of thousands of people in its Andean homeland and across Latin America, and hundreds of thousands more in trafficking and distribution networks across the globe.

There is a flip-side: The cocaine industry has also resulted in the creation of an anti-cocaine enterprise, also global in scope, but centered in the United States. It, too, employs tens of thousands of people -- from UN anti-drug bureaucrats to DEA agents to prison guards hired to watch over America's imprisoned street-level crack dealers -- and generates billions of dollars of governmental spending.

It wasn't always this way, and, with "Andean Cocaine," commodity historian Paul Gootenberg of SUNY Stony Brook has made a magnificent contribution in explaining how in just under a century and a half cocaine went from unknown (discovered in 1860) to licit global commodity (1880s-1920s), to illicit but dormant commodity (1920s-1950s) to the multi-billion dollar illicit commodity of today.

In a work the author himself describes as "glocal," Gootenberg used previously untapped archival sources, primarily from Peru and the US, to combine finely-detailed analysis of key personages and events in the evolution of the trade in its Peruvian hearth with a global narrative of "commodity chains," a sociological concept that ties together all elements in a commodity, from local producers and processors to national and international distribution networks and, ultimately, consumers.

The "commodity chain" concept works remarkably well in illuminating the murky story that is modern cocaine. How else do you explain the connection between a Peruvian peasant in the remote Upper Huallaga and a street-corner crack peddler in the Bronx or between entrepreneurial Colombian cocaine traffickers, weak governments in West Africa, and coke-sniffing bankers in the city of London?

Still, Gootenburg is a historian, and his story ends -- not begins -- with the arrival of the modern illicit cocaine trade. He applies the commodity chain concept to cocaine from the beginning, the 1860 isolation of the cocaine alkaloid by a Francophile Peruvian pharmacist, who, Gootenburg notes, worked within an international milieu of late 19th Century European scientific thought and exchange.

Within a few short years, cocaine had become a medical miracle (the first step on the now all-too-familiar path of currently demonized drugs) and a nascent international trade in cocaine sulphate (basically what we now refer to as cocaine paste), primarily to German and Dutch pharmaceutical houses. At the same time, just before the dawn of the 20th Century, the dangers of cocaine were becoming apparent, and moves to restrict its use got underway.

The key player in last century's cocaine panic was the United States -- ironically, the world's number one consumer of cocaine's precursor, coca. US patent medicines of the ear featured numerous coca-based tonics and concoctions, the granddaddy of them all being Coca-Cola, whose monopoly on legal (if denatured) coca leaf imports played a shadowy role in US coca and cocaine policies well into the 1950s. But some of those patent medicines also contained cocaine, and more was leaking out of medicinal markets. By the first decade of the last century, cocaine was under attack in the US.

Cocaine was banned in the US before World War I, and by the 1920s, blues singers were singing sad songs about its absence. With use levels dropping close to absolute zero, cocaine use was largely a non-issue for the US for the next 50 years. But, Gootenburg strongly suggests that the US obsession with stifling cocaine production and use sowed the seeds of the drug's stupendous expansion in the decades since the 1970s.

A particularly fascinating section revolves around the social construction of the "illicit" cocaine trade in Peru during World War II. At that point, cocaine was still a legal and treasured, if slightly over-the-hill, commodity in Peru. But some of cocaine's most lucrative customers were in Germany and Japan, the Axis foes of the US and its Latin American allies. Peruvian producers, desperate to retain their markets, sold to their traditional clientele regardless of US wishes, becoming the first "illicit" Peruvian cocaine traffickers and paving the way for the reemergence of cocaine as a black market commodity.

For someone like me, who has more than a passing familiarity with the Andean coca and cocaine trades, "Andean Cocaine" is especially fruitful for deepening my historical understanding. Peruvian family surnames prominent in coca and/or cocaine decades ago -- Durand, Malpartida, Soberon -- continue to play prominent roles in Peruvian coca politics today.

There is much, much more to this book -- suffice it to say it could be the basis of a post-graduate seminar or two -- but one lasting lesson Gootenburg seems to draw from his research is the futility, if not downright counterproductiveness, of the efforts to suppress cocaine and the cocaine trade. From the original "illicit" cocaine sales during World War II, which generated nascent trafficking networks to the crop eradications in the 1970s and 1980s in Peru and Bolivia, which turned Colombia, where indigenous coca production was almost nonexistent, into the world's leading coca and cocaine producer, every effort to stifle the trade has perversely only strengthened it. Perhaps someday we will learn a lesson here.

"Andean Cocaine" is an academic work written by an historian. It's not light reading, and, by the author's own admission, it concentrates on the Peruvian producer end of the commodity chain, not the US -- and increasingly, global -- consumer end of the chain. Nonetheless, it is a sterling contribution to the literature of cocaine, and should be required reading for anyone seeking to understand cocaine in context.

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Warning: No One Is Safe from SWAT Raids

I'm pleased to announce our new online video, "SWAT Raids -- No One Is Safe." Please visit http://www.swatreform.org to watch it.

When you're done, please sign our "Petition for Responsible SWAT Reform"; and please inform your friends, family members, and mailing lists you're on about http://www.swatreform.org so they can watch the video and sign the petition too.

"SWAT Raids -- No One Is Safe" is based on the 2008 case of Cheye Calvo, Mayor of Berwyn Heights, Maryland, whose home was stormed and two dogs killed by a SWAT team during a botched marijuana investigation. Last month the Maryland General Assembly passed groundbreaking legislation, proposed by Mayor Calvo, requiring SWAT teams to report on their activities so the public can know.

Our web site will send copies of your petition to your own state legislators, and to Congress and the Attorney General, helping Mayor Calvo and others get SWAT reform legislation passed in Congress and in states across the nation. Please visit http://www.swatreform.org to watch the video, sign the petition and spread the word so this can happen.

The overuse of SWAT teams is one of many abuses in our failing "drug war" -- visit http://www.swatreform.org for information about this troubling problem -- and to do something about it. to donate to this effort.

Thank you for standing up for justice,

David Borden
Executive Director

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Law Enforcement: This Week's Corrupt Cops Stories

There's an embarrassment of riches for the corrupt cops file this week. We've got pot-dealing sheriffs, we've got corner-cutting DEA agents, we've got sticky-fingered cops, and of course, we have dope-peddling prison guards. And that Philadelphia narc squad scandal just keeps reverberating. Let's get to it:

In Shawneetown, Illinois, DEA agents Monday arrested the Gallatin County Sheriff on federal marijuana distribution charges. Sheriff Randy Martin provided marijuana to a confidential informant, typically in one-pound lots, between November 2008 and this month, according to DEA affidavit in the case. The affidavit also says the informant wore a wire and several of the transactions were videotaped. Sheriff Martin would meet the informant at rural locations, "front" the weed to the informant, and take cash payment for the previous shipment. He is charged with three federal counts of marijuana distribution and two counts of carrying a firearm -- his service revolver -- during the commission of a drug crime.

In Cleveland, Ohio, a DEA agent was indicted May 12 for his role in a 2005 drug operation that put more than two dozen residents behind bars. DEA Agent Lee Lucas, 41, faces seven counts of obstruction of justice, seven counts of perjury, three counts of violating individuals' civil rights, and one count of making false statements in an official report. In the 2005 operation, Lucas' informant, Jerrell Bray, intentionally framed 17 people by doing controlled drug buys but intentionally misidentifying the drug sellers, providing people with his drugs and then retrieving the stash so they looked like drug sellers, and staged scripted recorded conversations to make individuals appear to be drug sellers. Lucas allegedly knew his snitch was rogue, but covered it up, included false and misleading information in reports, and concealed potentially exculpatory evidence. Bray got 15 years. Let's see what his DEA handler gets.

In New York City, an NYPD officer was arrested May 13 and charged with trying to steal $900,000 left in a Manhattan apartment by a drug dealer who had been deported. Officer Shawn Jenkins, 41, plotted with a confidential informant to go to the apartment, serve an official looking document on the new tenant, immobilize him with a stun gun, and retrieve the money from its hiding place under the floor. He is now charged with conspiracy to commit robbery and attempted robbery. If convicted, he faces up to 20 years in prison on each charge.

In Temple Terrace, Florida, a Temple Terrace Police officer was arrested last Friday on charges he stole drugs recovered in a recent case. Officer Zachariah Brown, 33, was arrested after investigators found missing hydrocodone and Xanax pills in his police cruiser. He was booked and released on bail and has been placed on administrative leave with pay until the internal investigation is concluded. He is charged with drug possession, petty theft, and tampering with evidence.

In Philadephia, prosecutors dismissed the first of what could be dozens of drug cases last Friday as fall-out from the ongoing corruption scandal in the Philadelphia police narcotics squad continues to spread. The scandal began with Officer Jeffrey Cujdik, who is alleged to have falsified affidavits in order to get judges to sign drug search warrants. Now, because of the cloud over Cujdik, prosecutors are seeking delays in his pending cases. The case dropped Friday was not one where Cujdik is alleged to have lied on affidavits, but prosecutors dropped it because they had run out of time to stall any longer and Cujdik's credibility in any case is now in doubt. Cujdik, his brother, Richard Cujdik, and another Philly narc, Robert McConnell have all been suspended pending the outcome of the investigation, which has since broadened to include allegations that Philly narcs routinely raided convenience stores, turned off surveillance equipment, and stole cash and goods from the stores before arresting their owners for selling small plastic bags. At least 52 more cases could be dismissed, according to Philadelphia public defenders.

In Summerville, South Carolina, a state prison guard was charged May 14 with selling cocaine to undercover Dorchester County deputies. Guard John Lambert, 28, is charged with distribution of cocaine and possession of cocaine with intent to distribute. He is now on administrative leave from his post at the Lieber Correctional Institution in Ridgeville.

In Newark, New Jersey, a former Passaic County sheriff's officer was sentenced Monday to seven years and one month in federal prison for stealing $250,000 worth of cocaine from the department evidence room and selling it to drug dealers. Former officer Alan Souto, an 18-year veteran of the force, was a member of the Sheriff's Evidence Unit, and used his access card to gradually begin stealing drugs until he had stolen 95 pounds of cocaine and 1.5 pounds of heroin. He was arrested in March 2008 after authorities noticed a GPS device missing and cooperated with investigators, leading to two other men also being charged in the case. Maybe that's why he got seven years instead of the life sentence he could have received.

In Toledo, Ohio, a former Sylvania Police officer was sentenced May 14 to three years in prison for stealing drug money from the department property room. Former officer Carl Beckman, a 36-year-veteran of the department, nickel-and-dimed more than $30,000 over a 13-year period. He had pleaded guilty to one count of obstruction of justice.

In Hammond, Indiana, a former St. Joseph County Police officer was sentenced May 13 to more than six years in prison for burglarizing a mobile home and stealing plasma TVs and computer monitors from it -- oh, and cocaine, too, which he tried to sell. Former officer Andrew Taghon was one of three local police officers indicted by the feds in the case dating back to 2004. The other two await sentencing.

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Medical Marijuana: Eddy Lepp Sentenced to 10 Years in Federal Prison

California medical marijuana grower, spiritualist, and activist Eddy Lepp was sentenced Monday to a mandatory minimum 10-year prison sentence on federal marijuana cultivation charges in a case where he grew more than 20,000 pot plants in plain view of a state highway in Northern California's Lake County. US District Court Judge Marilyn Patel also sentenced him to five years probation. He must report to federal authorities by July 6.

Lepp contended that the plants were a medical marijuana grow for members of the Multi Denominational Ministry of Cannabis and Rastafari and legal under California law. But during his trial, he was not allowed to introduce medical marijuana or religious defenses. He was found guilty of conspiracy to possess marijuana with the intent to distribute more than 1,000 pot plants and of cultivating more than 1,000 plants, which carries a maximum life sentence.

According to California NORML (CANORML) and the Santa Rosa Press-Democrat, there were gasps and sobs from Lepp supporters in the courtroom as Patel passed sentence. The sentence was "extreme," Patel conceded, but said her hands were tied by federal law.

In a nod toward the current turmoil over the status of federal prosecutions of medical marijuana providers, Judge Patel said Lepp could apply for a rehearing if the laws changed. Lepp and his attorneys plan to appeal the verdict and the sentence.

Lepp attorney Michael Hall told Patel the sentence was "incredible."

"Incredible is what the law requires," Patel responded, adding that legalizing marijuana appeared to be Lepp's driving passion. "Maybe you want to be a martyr for the cause," she said.

Sentencing Lepp, a 56-year-old veteran in ill health, to prison is a travesty and a waste, said supporters. "This case sadly illustrates the senselessness of federal marijuana laws," said CANORML's Dale Geiringer. "The last thing this country needs is more medical marijuana prisoners. Hopefully, we can change the law and get Eddy out of jail before he completes his sentence."

"Locking up Eddy Lepp serves no purpose and is a huge waste of life and scarce prison space," said Aaron Smith, California policy director of the Marijuana Policy Project. "The community would be a lot better served if we taxed and regulated California's $14 billion marijuana industry rather than continuing to incarcerate nonviolent people like Eddy, who are clearly of no danger to society."

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Medical Marijuana: Rhode Island House Passes Dispensary Bill

A bill that would allow for the operation of medical marijuana dispensaries passed the Rhode Island House Wednesday, paving the way for a showdown with Republican Gov. Donald Carcieri, an opponent of medical marijuana. The state Senate passed its version of the bill last month. Now, the two chambers must go through the formality of approving each other's bills. Then the bill will go before the governor.

"To go through cancer, or to go through a debilitating disease is extremely, extremely hard," said Rep. Thomas Slater (D-Providence), the bill's sponsor and a cancer patient himself. "One day you might feel great, the next day you may have pain all over your body... This bill gives people a safe haven to get help, to get medical marijuana."

Rhode Island lawmakers overrode a Carcieri veto three years ago to make medical marijuana legal in the state. But since then, patients have complained that the measure provided only limited access to marijuana. This year's bill, H5359, addresses that concern by providing for the creation of state-regulated "compassion centers" or dispensaries.

A similar bill passed the Senate last year, only to die in the House. Gov. Carcieri vetoed a compromise measure that would have set up a study commission on the dispensary issue. This year, the measure passed both houses by margins that strongly suggest lawmakers have the votes to override any veto attempt by the governor.

The House leadership appears ready to try an override if necessary. "I would hope that the governor wouldn't veto it, and look at the broader issues raised," said House Majority Leader Gordon Fox (D-Providence). "But if he does I think we have the votes to override and I would advocate doing that."

Leading the push for the bill was the Rhode Island Patient Advocacy Coalition (RIPAC), working with the Marijuana Policy Project (MPP). Their and the legislature's work is not quite done, but they're almost there.

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Drug Legalization: Conservative Colorado Republican Tom Tancredo Joins the Chorus

Former Colorado Congressman Tom Tancredo, a rock-ribbed conservative who made his national name as an opponent of illegal immigration and "open borders," said Wednesday it is time to consider legalizing drugs. The remarks came as he spoke to the Lincoln Club of Colorado in Denver.

Tancredo has a 99% favorable rating from the American Conservative Union and has typically voted in favor of drug war spending, especially as it relates to border security. As a states' rights advocate, however, he has voted in favor of congressional amendments that would have barred the Justice Department from prosecuting medical marijuana patients and providers in states where it is legal.

Tancredo ran unsuccessfully for the Republican presidential nomination in 2008, largely on his anti-illegal immigration platform. Tancredo served four terms in the US House of Representatives before retiring in 2008. He is considering running for statewide elected office in Colorado.

While admitting it may be "political suicide," Tancredo told his GOP audience it is time to consider legalizing drugs. The country has spent billions of dollars arresting, trying, and imprisoning drug users and sellers, with little to show for it, he said.

"I am convinced that what we are doing is not working," he said. "It is now easier for a kid to get drugs at most schools in America than it is booze," he said.

Tancredo also cited the ongoing prohibition-related violence in Mexico, which has claimed nearly 11,000 lives in the past three years. The violence is moving north, he warned.

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Law Enforcement: Maryland Governor Signs Bill Requiring SWAT Team Reporting

Maryland Gov. Martin O'Malley Tuesday signed into law a bill that will require law enforcement SWAT teams to regularly report on their activities. The bill was largely a response to a misbegotten drug raid last July in Prince Georges County in which Berwyn Heights Mayor Cheye Calvo and his family were doubly victimized -- first by drug traffickers who used their address for a marijuana delivery, then by Prince Georges County police, who killed the family's two pet dogs and mistreated Calvo and his mother-in-law for several hours.

The bill, the SWAT Team Activation and Reporting Act (HB 1267), requires all law enforcement agencies that operate SWAT teams to submit monthly reports on their activities, including when and where they are used, and whether the operations result in arrests, seizures or injuries.

"It is meaningful to us that something good has come out of the terrible tragedy of last summer," Berwyn Heights Mayor Calvo told the Washington Post. "Hopefully, it will be a first step in being able to better police our communities."

The case attracted national outrage and remains politically potent in Prince Georges County, a majority black suburban Washington, DC county that has long suffered from heavy-handed policing. Prince Georges County Sheriff Michael Jackson and the county police have yet to apologize to the Calvos for the raid, although they acknowledge the Calvos were not involved in drug trafficking. The Sheriff's Office investigated itself and unsurprisingly found it had acted appropriately. An FBI probe of the incident may come to different conclusions.

StoptheDrugWar.org, publisher of this newsletter, last week released an online video highlighting the Calvo case and calling for SWAT team use to be limited to emergency situations.

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Europe: Oslo Police Plan Crackdown on Hash Users, Buyers

Police in Norway's capital, Oslo, have announced a crackdown on hashish buyers as part of a broader crackdown on street drugs sales and use. Hash is peddled by street dealers in neighborhoods including Grønland and Grünerløkka along the Akerselva River, according to online scene reports.

The Scandinavian countries are among Europe's toughest when it comes to drug use and sales. In Norway, penalties for simple drug possession include fines and jail terms of up to six months. For sales, you're looking at two years, 10 years if the offense is "aggravated," 15 years if a "considerable quantity" is involved, and up to 21 years for "very aggravating circumstances."

Under the newly announced crackdown, police are warning that people caught buying hash for their own use face arrest, loss of drivers' license, heavy fines, and even custody rights over their children. Some offenders caught with small amounts of hash have already been fined up to $1,560, according to early reports.

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Australia: South Australia Police Subject Club, Concert-Goers to Drug Dog Checks

Under an amendment to South Australia's Controlled Substances Act of 1984 approved last year, police are allowed to use drug-sniffing dogs as part of their general drug detection duties. They are doing so with a vengeance.

Unlike the United States, where drug dog searches are typically conducted on vehicles or homes, the South Australian law allows police to sic the dogs on individuals. Since October, when four drug dogs and their handlers have been working bars, nightclubs, concerts, and festivals, they have managed to arrest more than 300 people on drug charges.

Police Minister Michael Wright told reporters Monday 327 people had been caught with drugs, including Ecstasy, LSD, amphetamines, cocaine, and cannabis. Of those, only 17 were arrested for serious drug offenses; the others were given fines, strongly suggesting that what the drug dogs were finding was mainly pot.

Wright naturally praised the drug dog teams, saying they were working hard and producing results. He also said the drug dogs acted as a deterrent for people thinking about going out and taking drugs with them.

"This government is committed to protecting the people of South Australia and helping to ensure their safety at dining and entertainment precincts," Wright said. "Police now have the power to execute drug detection operations in places identified as hotspots for drug dealing and use."

Wright did not provide any statistics on the number of drug dog "alerts" that proved unfounded. But a 2007 study that examined a similar program in New South Wales from February 2002 to February 2003 found that drugs were found in only 27% of the cases where drug dogs alerted. In another 40% of the cases, suspects admitted having smoked cannabis in the recent past or having been near cannabis smokers.

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Weekly: This Week in History

May 27, 1963: President Nathan M. Pusey of Harvard University announces that an assistant professor of clinical psychology and education has been fired. The man dismissed was Dr. Richard Alpert, later known as "Ram Dass."

May 26, 1971: In tapes revealed long after his presidency ended, President Richard M. Nixon says, "You know it's a funny thing, every one of the bastards that are out for legalizing marijuana is Jewish. What the Christ is the matter with the Jews, Bob, what is the matter with them? I suppose it's because most of them are psychiatrists, you know, there's so many, all the greatest psychiatrists are Jewish."

May 25, 1973: The NBC Evening News reports that 28 marines and 18 sailors handling the president's yacht were transferred and reassigned from Camp David due to marijuana offenses.

May 24, 1988: The domestic hashish seizure record is set (still in effect today) -- 75,066 pounds in San Francisco, California.

May 24, 1993: At 3:45pm, Juan Jesús Cardinal Posados Ocampo, the archbishop of Guadalajara, is assassinated at Hidalgo International Airport in Guadalajara by San Diego gang members hired by the Arellano-Felix Organization. As the archbishop's car arrives in the parking lot across the street from the terminal, a young man opens the door and opens fire, while half a dozen other gunmen spray the scene killing the driver and five bystanders, including an old woman, her nephew and a startled businessman with a cell phone in his hand.

May 28, 1994: President Clinton's appointed director of the Drug Enforcement Administration, Thomas Constantine, says in a Washington Times interview: "Many times people talk about the nonviolent drug offender. That is a rare species. There is not some sterile drug type not involved in violence -- there is no drug user who is contributing some good to the community -- they are contributing nothing but evil."

May 22, 1997: Milwaukee, Wisconsin, Mayor John Norquist signs a measure into law decriminalizing first time possession of small amounts of marijuana after the proposal squeaks by the city council.

May 23, 2000: Eighty-five US troops arrive in Guatemala to participate in the two-week-long "Operation Maya Jaguar," intended to provide training for Guatemalan police, to carry out seizures of illegal drug shipments, and to facilitate joint counternarcotics operations.

May 22, 2003: Maryland becomes the ninth state to relax restrictions on medicinal marijuana use for seriously ill patients when Governor Robert L. Ehrlich, Jr. signs a bill reducing the maximum penalty to a $100 fine. The law goes into effect on October 1. Ehrlich, the first Republican governor to sign a bill relaxing penalties for medicinal use of marijuana, signs the measure despite pressure from the Bush administration to veto it.

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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.

Since last issue:

Scott Morgan writes: "FBI Director Gets Humiliated Trying to Defend Marijuana Prohibition," "Marijuana is Illegal, But It Doesn't Have to Be," "Mexican Jailbreak Proves the Cartels Can Do Whatever They Want," "What's So Funny About Trying to Legalize Marijuana?," "Illinois Sheriff Caught Selling Lots of Marijuana," "Minnesota Governor Tim Pawlenty Wants to Send Dying Cancer Patients to Jail," "US Supreme Court Kills Effort to Overturn State Medical Marijuana Laws," "Michael Phelps and Marijuana Legalization," "Pete Guither Will Correct Your Incoherent Editorial for Free."

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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Errata: GMM and PRN/Schneider Grand Jury Articles

Last week's newsbrief relating to the Schneider pain prosecution, Free Speech: ACLU Backs Pain Activist's Effort to Quash Subpoena Issued in Kansas Case, stated that the ACLU/Reynolds motion was awaiting a hearing.

We have since been informed that the hearing was held the previous Tuesday, but at the prosecutor's behest was conducted "under seal," which means the parties involved are prohibited from speaking publicly about it until the seal is lifted. At last report there was no decision back yet on the motion.

In another article, a poster from Hungary's Global Marijuana March was incorrectly identified as from Prague.

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Students: Intern at StoptheDrugWar.org (DRCNet) and Help Stop the Drug War!

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

StoptheDrugWar 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 rein in the use of SWAT teams, to expand our work to repeal the drug provision of the Higher Education Act 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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Job Opportunity: New Orleans Chapter Organizer, Critical Resistance, New Orleans

Critical Resistance (CR), a national grassroots organization working to end the prison industrial complex (PIC), seeks a New Orleans Chapter Organizer to work with CR members and allies to build a movement to end the city of New Orleans' reliance on the PIC and to increase CR's organizational impact and profile.

Responsibilities include coordinating Critical Resistance projects and community events with chapters, allies, and other community groups in the city and region including a Community Legal Clinic, monthly Political Education Seminars, Quarterly Prison Industrial Complex Teach-in's, and monthly Chapter meetings; maintaining and increasing Critical Resistance's network of members, allies, and organizations both locally and nationally (this includes representing CR in multiple different settings); maintaining office space; communicating with and remaining accountable to the larger national structure; attending and helping coordinate CR retreats (staff and national); and creating and implementing fundraising strategies with the local chapter and national organization.

Applicants must be able to demonstrate an understanding of and commitment to abolishing the prison industrial complex; possess excellent written and oral communication skills; have the ability to balance multiple responsibilities well, to set priorities, and follow work plans, possess a willingness and ability to build partnerships and coalitions by seeking out relevant work and allies; have experience in being accountable to multiple organizers in a non-hierarchical organization; have experience supporting interns and volunteers; possess basic computer skills (word processing, database, and some financial software a plus); have a willingness to travel; and possess public speaking skills.

Spanish language skills are a plus, and former prisoners are especially encouraged to apply.

This is a full time position (40 hours per week). The salary starts at $30,000 per year, with an annual raise, plus good benefits and vacation.

To apply, please send a cover letter, resume, and relevant writing sample (5 pages maximum) via e-mail (Word documents or PDF files, please) to: [email protected], or send a hard copy application to: Critical Resistance, New Orleans, 930 N. Broad St., New Orleans, LA, 70119.

Please send any questions regarding the position to [email protected], or call (504) 304-3784.

Applications will be accepted through June 3rd, 2009.

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