Drug War Chronicle #605 - October 23, 2009

Feature: Justice Department Issues Medical Marijuana Policy Memo -- No Prosecutions If Complying With State Law

In a new federal medical marijuana policy memo issued Monday to the DEA, FBI, and US Attorneys around the country, the Justice Department told prosecutors that medical marijuana patients and providers in states where it is legal should not be targeted for federal prosecution unless they are violating state law. The memo formalizes statements made by Attorney General Eric Holder in February and March that going after pot-smoking patients and their suppliers would not be a high Justice Department priority .

The memo marks a sharp break with federal policy under the Clinton and Bush administrations, both of which aggressively targeted medical marijuana operations, especially in California, the state that has the broadest law and the highest number of medical marijuana patients.

The announcement of the policy shift won kudos from the marijuana and broader drug reform movement. But some reformers questioned what the shift would actually mean on the ground, pointing to DEA raids and federal prosecutions that have occurred since Holder's signal this spring that the feds were to back off, as well as continuing controversies, especially in California, over what exactly is legal under state law. Others noted that for real protection to be in place, federal law -- not just prosecutorial policy -- needs to change.

Not everyone was pleased with the move. Comments critical of the move have come down from some conservative politicians and a handful of newspaper editorial boards. But they appear to be a distinct minority.

In the memo, federal prosecutors were told that going after people who use or provide medical marijuana in accordance with state law was not the best use of their time or resources. According to the memo, while the Justice Department continues to make enforcing federal drug laws a key mission:

"As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources."

But the memo also said that federal prosecutors should continue to target marijuana production or sales operations that are illicit but hiding behind state medical marijuana laws. It explicitly singled out cases which involve violence, the illegal use of firearms, selling pot to minors, money laundering or involvement in other crimes.

"It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, but we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal," said Attorney General Holder.

Head of the Office of National Drug Control Policy Gil Kerlikowske was quick to point out that the memo didn't legalize marijuana or medical marijuana, and that prosecutions could continue. "It is important to recognize that these guidelines provide clarity for federal prosecutors regarding the appropriate use of federal resources," he said in a statement Monday. "They do not declare marijuana, whether 'medical' or not, as legal under federal law; nor do they preclude the appropriate prosecution, under federal law, of marijuana dispensaries in those states that allow them. The Department of Justice's guidelines strike a balance between efficient use of limited law enforcement resources, and a tough stance against those whose violations of state law jeopardize public health and safety. Enforcing the law against those who unlawfully market and sell marijuana for profit will continue to be an enforcement priority for the US government," the drug czar warned.

The DEA was also quick to point out that while it "welcomes" the new guidelines, it will continue to go after "criminals." "These guidelines do not legalize marijuana," the agency said in a Thursday statement. "It is not the practice or policy of DEA to target individuals with serious medical conditions who comply with state laws authorizing the use of marijuana for medical purposes. Consistent with the DOJ guidelines, we will continue to identify and investigate any criminal organization or individual who unlawfully grows, markets or distributes marijuana or other dangerous drugs. Those who unlawfully possess firearms, commit acts of violence, provide drugs to minors, or have ties to other criminal organizations may also be subject to arrest."

Despite the disclaimers and demurrals, patient advocates hailed the move. "This is a huge victory for medical marijuana patients," said Steph Sherer, executive director of Americans for Safe Access, the nationwide medical marijuana advocacy organization, which had been in negotiations with the Justice Department to get written guidelines issued. "This indicates that President Obama intends to keep his promise not to undermine state medical marijuana laws and represents a significant departure from the policies of the Bush Administration," continued Sherer. "We will continue to work with President Obama, the Justice Department, and the US Congress to establish a comprehensive national policy, but it's good to know that in the meantime states can implement medical marijuana laws without interference from the federal government."

"This is the most significant, positive policy development on the federal level for medical marijuana since 1978," said the Marijuana Policy Project in a message to its list members Monday.

"It's great to see the Obama administration making good on the promises that candidate Obama made last year. These new guidelines effectively open the door to sensible collaboration between state governments and medical marijuana providers in ensuring that patients have safe and reliable access to their medicine," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "What remains unclear is how the Justice Department will respond to rogue state attorneys, such as San Diego's Bonnie Dumanis, who persist in undermining state medical marijuana laws in their local jurisdictions. Now is the right time for the Obama administration to move forward with federal legislation to end the irrational prohibition of medical marijuana under federal law."

While the policy memo was "encouraging," the "proof will be in the pudding," said California NORML head Dale Gieringer, who also cited the recent raids in San Diego, as well as the August federal indictment of two Lake County medical marijuana providers. "Note that the new Obama policy has a glaring loophole, emphasizing that 'prosecutors have wide discretion in choosing which cases to pursue, and... it is not a good use of federal manpower to prosecute those who are without a doubt in compliance with state law,'" Gieringer said. "The salient question is, who decides what is 'without a doubt' in compliance with state law? As shown by the recent statements of LA's DA and City Attorney, there exist significant doubts about the legality of most dispensaries in California. It remains to be seen how far the administration's new policy guidelines will go to prevent further abuses, when what is really needed is fundamental reform of federal laws and regulations."

Iowa Republican Sen. Chuck Grassley was not concerned about the subtleties of the policy shift as much as he was about turning a blind eye to a violation of federal law. "I think that marijuana is a gateway to harder drug use," Grassley said in a Wednesday statement. "Medical marijuana brings a certain amount of legitimacy to an illegal drug, even though it attempts to do it in a legal way. We have a federal law that is intended to outlaw its use. That federal law ought to be enforced. It was enforced in the previous administration and I think having a national program against drug use is very, very important."

Demonstrating a lack of information about who is supplying California medical marijuana dispensaries, Grassley attempted to link them to Mexican drug cartels. While some medical marijuana providers may be acting legally under state law, he said, "most of the marijuana that flows into the United States comes from the drug lords."

But Grassley appeared to be fighting a lonely rear-guard action. In what may be a sign that even politicians in Washington understand the popularity of medical marijuana, the Obama administration move has generated little other critical comment from the right or from the mainstream media. While numerous newspaper editorial boards have come out in favor of the move, the Christian Science Monitor was nearly alone among major newspapers in condemning it.

And so opens the next chapter in America's long, twisted path to the acceptance of medical marijuana.

back to top

Feature: Busted for Handing Out Clean Needles -- The Mono Park 2 Fight Back in California's Central Valley

Hit hard by a double whammy of drought and economic slowdown, California's Central Valley has become a hotbed of methamphetamine and other injection drug use. Now, the dusty town of Modesto, in Stanislaus County, has become a focal point in the statewide and nationwide battle over how to help injection drug users. Last week, two volunteers at an unsanctioned needle exchange were in court in Modesto hoping to reach a plea bargain after they were arrested in April for handing out syringes. Now known as the Mono Park 2, they're looking at serious jail time for trying to save lives.

The deal was supposed to be that Stanislaus County District Attorney Birgit Fladager would drop drug paraphernalia possession charges against exchange volunteers Kristy Tribuzio and Brian Robinson if they agreed to quit handing out needles until there was a legal program in place. But that didn't happen. Instead, at the last minute, the DA rejected the plea deal. Another hearing is set for November 9. If the DA and defense attorneys cannot reach agreement then, the case will go to trial.

The case has its genesis in longstanding efforts to win official approval for a needle exchange in Modesto. California law allows for needle exchanges, but only as a local option. The county board of supervisors must declare a health emergency in order for needle exchanges to operate legally.

In a 2008 report, Containing the Emerging Threat of Hepatitis through a Syringe Exchange Program (begins on page 22), the Stanislaus County Civil Grand Jury recommended the county authorize syringe exchanges and implement them either directly or through a community based contractor. The effort also had the support of county public health officials, including Public Health Department, the Advisory Board for Substance Abuse Programs, the Local AIDS Advisory Implementation Group, and the Hepatitis C Task Force, who cited a high incidence of Hepatitis C. They cited research indicating that needle exchanges reduced the spread of blood-borne diseases, brought injection drug users into contact with public health workers, and did not result in increases in drug use.

But despite the input from the public health community and the grand jury report, the Stanislaus County Board of Supervisors a year ago voted unanimously against allowing needle exchanges. In so doing, they heeded their own prejudices and those of law enforcement over science-based policies and the advice of the public health community.

County Sheriff Adam Christianson and DA Fladager both spoke out against needle exchanges, saying they would enable drug users to continue their addiction. Fladager said needle exchanges sent the wrong message to young people and encouraged them to think the county would take care of them if they become addicted.

"All of the challenges we are faced with in Stanislaus County, the gangs, methamphetamine, crimes, all have elements of drug addiction," Christianson said. "A syringe exchange program enables people to continue with their drug addiction."

Noting that Hep C was not a big issue for the county because most patients are covered by insurance, Supervisor Bill O'Brien also objected on bizarre moral grounds. "Then there's the human issue. Giving a drug user a clean needle is not the best thing for him. Illegal drug use has a risk, and making it safer promotes it," he said.

Supervisor Jim DeMartini thanked the grand jury for the report, but then dismissively added, "Like many well-intentioned programs that don't work out, this will never work out and deliver the benefits promised."

Too bad the sheriff, the DA, and the county board don't agree with the nation's drug czar. "Needle exchange programs have been proven to reduce the transmission of blood-borne diseases," Gil Kerlikowske told Congress during confirmation hearings earlier this year. "A number of studies conducted in the US have shown needle exchange programs do not increase drug use. I understand that research has shown these programs, when implemented in the context of a comprehensive program that offers other services such as referral to counseling, healthcare, drug treatment, HIV/AIDS prevention, counseling and testing, are effective at connecting addicted users to drug treatment."

Given the knowledge base about the effectiveness of exchanges and the evident human need for them in Modesto, needle exchange advocates were not content to simply roll over and die. Instead, they created an unauthorized needle exchange in the city's Mono Park, also known as needle park by residents because of the used needles littering the ground there. The program was publicized and went along on a low-level basis without a hitch until April, when, after an elaborate undercover sting, police swooped down and arrested the exchange volunteers.

Kristi Tribuzio just happened to be volunteering with the needle exchange the day the bust went down. Now, she's one of the defendants. "There was a direct need for this, and when I found out there was an existing exchange -- I saw a flyer on a telephone pole -- I asked how is this happening?" she said. "I got involved; I was just going out there for the people. An undercover cop came up and did an exchange, and then, a little later eight to 10 undercover officers drove up with a drug dog and arrested us. It was pretty harsh and crazy," she recalled.

"Looking back, Brian and I think it was maybe naive of us to just go out there and do something that was helping people in line with other syringe exchange programs," said Tribuzio. "We didn't understand what the consequences could be."

Now, she and Robinson face up to a year in jail for violating the paraphernalia law. For Tribuzio, there were other consequences, including the loss of her contract position with the Stanislaus County drug and alcohol education and prevention program. "I was laid off two days after I was arrested. Because I was a contract worker, they didn't need a reason to fire me, and no official reason was given. Ironically, my employer supports needle exchange," she said. "Maybe that's why they laid me off instead of firing me for cause. Now, at least, I can get unemployment."

Tribuzio had previously worked as a substitute teacher, but she can't do that now, either. "I'm getting an MA in education, and I have a teaching credential, but my credential is now suspended," she said. "Imagine, a teacher in San Francisco could be doing just what I did, and there would be no problem."

That's because needle exchanges have been authorized by the San Francisco County Board of Supervisors, just as they have in most large California cities. But in more conservative locales, like the Central Valley, the fight is more difficult, and therein lies the problem -- and the solution -- said one prominent harm reductionist.

"What we need is to get legislation authorizing syringe exchanges on a statewide level rather than our current system, which requires that they be authorized by local authorities," said Hilary McQuie, Oakland-based Western director of the Harm Reduction Coalition. "Requiring local authorization means we have to deal with 54 jurisdictions instead of just one, and the politics makes it really difficult in conservative places like Fresno or Modesto. It will be really difficult to get syringe exchange approved in Modesto without a statewide mandate," she said.

Short of that, needle exchange advocates need to carefully lay the groundwork beforehand, she said. In that respect, the Modesto needle exchange perhaps suffered from political naivete. "The effort with the grand jury in Modesto was done in good faith, but the grand jury finding required a response from the Board of Supervisors within three months," she noted. "They hadn't really lined up their support with the Board, and the Board ended up voting against it. That was problematic."

While personally difficult for Tribuzio and Robinson, the battle over needle exchanges in Modesto has moved the issue forward locally and stirred support from around the country and the world. A Mono Park 2 Defense Committee has formed to back them. At last week's hearing, more than a dozen supporters were present in court, and the pair had letters of support from some 35 public health and harm reduction organizations here and abroad.

"We've gotten a ton of support from the harm reduction community," said Tribuzio. "This whole thing has been stressful and overwhelming for us, but they've given us a wealth of training, knowledge, and support, more than we ever expected. We've gotten support from people in other exchanges, and letters of support from around the world. We've also been building alliances with people in the community. Things in the Central Valley are crazy, and we can't turn our heads away in the face of disease. Now, at least, people are paying attention."

While Robinson and Tribuzio wait for their legal problems to be resolved, they continue to work with at-risk communities. "After the bust, we started Off The Streets, and that does everything except for needle exchange," said Tribuzio. "We're doing needs assessments, trying to get our fingers on the pulse of the community, trying to help where we can."

For McQuie, the trials and tribulations of the Mono Park 2 are, sadly, par for the course. "This is how most of the programs got started, doing them illegally, so they're in good company," she said.

back to top

ALERT: Help StoptheDrugWar.org (DRCNet) Win $50,000 in America's Giving Challenge

Dear Reformer:

Our organization, StoptheDrugWar.org (DRCNet), is a participant in "America's Giving Challenge," a contest to help nonprofits by offering prizes ranging from $500 to $50,000 to those who receive the largest number of donations through the "Causes" program by November 7. The key is not the size of the donation -- Causes will accept any gift of $10 or more, and any gift no matter how large or small counts equally in the contest. Supporters can make donations that count in the contest up to once a day.

Please donate today to help StoptheDrugWar.org win this much-needed funding -- http://www.causes.com/donations/select_donation_method?cause_id=205062 -- Causes is linked in to Facebook too, and that means you can help by asking your friends on Facebook to donate to StoptheDrugWar.org in the Challenge too.

But don't just ask your friends to donate, as important as that is. Write your friends to tell them how important it is to reform drug policy and eventually end prohibition itself. Send them this week's issue of our Drug War Chronicle newsletter. Ask them to watch our video about abusive SWAT Raids. Tell them why you feel the drug war is wasteful and unjust and bad for our country. If you've donated -- through the Challenge today or in the past -- tell them that, it will make a difference.

Again, the amount of your donation is less important for this contest than the fact that you are giving through the contest. (Of course the larger the gift, the more it will help us directly, but the small gifts add up too.) And even if we don't end up winning, but come close, thousands of people giving money to their favorite nonprofits may see us in the runner-up list and come to check us out and join our cause too. So please visit http://www.causes.com/donations/select_donation_method?cause_id=205062 today, or by November 7 the latest, to support StoptheDrugWar.org in America's Giving Challenge.

Remember that we do what we can from Washington, but in the end it's YOU who represents the cause of stopping the drug war -- to your friends, on Facebook, in your community. If all of us come together, we can win -- not just in the Giving Challenge, but in the court of public opinion and then in Congress.

http://www.causes.com/donations/select_donation_method?cause_id=205062

Thank you!

Sincerely,

David Borden, Executive Director

P.S. If you'd rather not participate in the Challenge, but would still like to donate to us, you can do so here.

back to top

Latin America: Mexico Drug War Update

by Bernd Debussman Jr.

Mexican drug trafficking organizations make billions each year trafficking illegal drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed over 12,000 people -- the body count passing 6,000 for 2009 so far this week. The increasing militarization of the drug war and the arrest of several high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:

Friday , October 16

In Michoacan, three bodies were found, all with messages attached. The messages were directed at the Zetas organization, and appear to have been from La Familia. La Familia was once part of the Zetas organization, but the two groups have been fierce rivals since the group split from the Gulf Cartel (and the Zetas) in 2006. In other parts of Mexico, two men were assassinated in Tijuana, and a boy who was jogging was killed after being caught in a firefight between gunmen and the army in Tamaulipas. Five people were murdered in Culiacan, Sinaloa, three in Hermosillo, Sonora, one in Durango, and six in the Ciudad Juárez area.

Saturday , October 17

In Tijuana, the nude, mutilated body of a man was found hanging from an expressway overpass. It is the second such discovery found in the last two weeks. Local news outlets reported that the man's tongue had been cut out, which suggests that drug traffickers suspected he was an informant. Additionally, a gun battle between police and drug traffickers left one police officer dead and two wounded. A suspected cartel member was also killed in the incident. Police recovered five assault rifles and vests with federal insignia from several vehicles used by the gunmen. The day before, the the decapitated body of a woman whose hands and feet had been bound were found in a different part of the city.

Monday , October 19

Two people were killed after being ambushed by a group of heavily armed gunmen in Guerrero. One of the dead was a policeman, and the other was a civilian who was riding a bus that was caught in the crossfire. Additionally, five bodies showing signs of torture were recovered from various parts of Acapulco. Attached to each of them were notes threatening "kidnappers, thieves and traitors" and signed by Arturo Beltran-Leyva, the boss of the Beltran-Leyva cartel. 18 people were killed in drug-related killings in Ciudad Juárez. At least 21 other drug-related homicides were reported in Mexico, including nine beheaded bodies found in Tierra Caliente.

Tuesday , October 20

In Guerrero, at least three banners were found which threatened police and Genaro Garcia Luna, the Secretary of Public Safety. The signs were signed by what appears to be a new, Guerrero branch of the "La Familia" cartel which is based in Michoacan. The signs also accused Garcia Luna of protecting the Beltran-Leyva cartel and the allied Zetas organization. In another part of Guerrero, the body of a bus driver was found by the side of the road, and showed signs of torture. A second body was found near Acapulco.

Near the city of Ciudad Mante, police arrested a man who had 107 kilos of marijuana in a hidden compartment of his pick-up truck.

Wednesday , October 21

A suspected member of the Juárez Cartel was added to the FBI's ten most wanted list. Eduardo "Tablas" Ravelo, 41, is allegedly a high-ranking member of the Barrio Azteca gang. In exchange for a steady supply of narcotics, Barrio Azteca performs enforcement tasks for the cartel on both sides of the border, and can effectively be considered part of the Jurez cartel which operates on American soil. Ravelo is suspected of ordering the killing of another high-ranking gang member, David "Chicho" Meraz, during an internal power struggle. Meraz was killed in Ciudad Jurez last year. Ravelo is reportedly hiding in Juárez under the protection of the cartel.

Earlier in the week, another man with suspected cartel connections was also added to the FBI's ten most wanted list. Jose Luis Saenz, of Los Angeles, is suspected of killing at least four people (including his girlfriend) and is allegedly an enforcer for an unnamed Mexican drug trafficking organization. In October 2008 he shot and killed another gang member in LA County who apparently owed $620,000 to the cartel.

Across Mexico, 40 drug-related homicides were reported in a 24-hour period, bringing the 2009 total to over 6,000. Thirteen of these were in Chihuahua, and of these, nine were in Ciudad Juárez. According to a running tally by El Universal, 1,000 people were killed in drug-related violence in Mexico in the last 40 days. The previous 1,000 had been killed over 41 days, and the 1,000 before that in 44 days. Since August 1st, an average of 24 homicides were reported daily, approximately one every hour. One out of every three drug-related homicides was in Ciudad Juárez. Much of the violence is due to the conflict being fought by the Sinaloa Federation and the Juárez cartel over control of the Ciudad Juárez-El Paso drug trafficking corridor.

Thursday, October 22

In the United States, over 300 people were arrested, in what is being called the largest single-blow against Mexican drug cartels operating in the country. The arrests targeted the US operations of the La Familia cartel, which is based in the Mexican state of Michoacan. Law enforcement officials said arrests were made or charges were files in multiple states, including California, Colorado, Georgia, Massachusetts, Minnesota, Mississippi, Missouri, Oklahoma, New York, North Carolina, South Carolina, Tennesee, Texas, and Washington State. Many of the charges filed were directed against those involved with the cartels methamphetamine smuggling network in the US, with other charges being directed at those involved in cocaine and marijuana trafficking for the organization. Additionally, a New York grand jury has indicted Servando Gomez-Martinez, who is linked to the July murder of twelve federal police officers who were found dead by the side of a roadway.

Total body count for the week: 203
Total body count for the year: 6,018

Read the last Mexico Drug War Update here.

back to top

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.

back to top

Latin America: Mexico Ex-President Fox Lashes Out at President Calderon Over Drug War

For years, former Mexican President Vicente Fox has suggested that drug legalization needs to be on the agenda when discussing how to resolve prohibition-related problems like the wave of violence plaguing Mexico. Now, he's getting personal and political, as he attacks sitting President Felipe Calderon for what Fox is describing as a "failed" effort to send the military after the so-called drug cartels.

Fox and Calderon are both members of the conservative National Action Party (PAN), and Calderon replaced Fox in the Mexican presidency in December 2006. With Mexico already stricken by violent conflict among the cartels and between the cartels and Mexican law enforcement, Calderon called out the military to join the fray, but matters have only gotten worse. An estimated 14,000 people have been killed in the conflicts since Calderon sent in the soldiers, with 2,000 being killed in one city -- Ciudad Juarez -- this year alone.

Addressing reporters at the annual conference of the conservative European Popular Party in Vienna last weekend, Fox said Calderon's efforts against the cartels had gone astray and the military should return to the barracks. "The use of the army in the fight against drug mafia and organized crime, the use of force against force gave no positive results. On the contrary, the number of crimes only grows," Fox told journalists on Saturday. "It's time to think of alternative ways to fight the crime," Fox said, adding that police and governments of Mexican states should be charged with anti-drug efforts on their territory, instead of federal forces.

Not that Fox himself had much better luck against the cartels, nor was he averse to using the military. While Fox was president between 2000 and 2006, he deployed troops to Sonora, Chihuahua, Tamaulipas, and other states, especially after 2003, when violence began escalating. By 2005, nearly 1,400 were reported killed in the drug wars, and 2,000 more in 2006.

But those levels of violence, which once seemed extraordinary, would now be a welcome relief after nearly three years of Calderon's campaign and the harsh response from the cartels. This year's toll in Ciudad Juarez alone matches the toll nationwide for the last year of the Fox era.

Fox was also critical of the United States, saying it needed to do more to control arms trafficking, money laundering, and drug use. But he again questioned whether drug prohibition is the best way to attain those ends. "Drug consumption is a personal responsibility, not one of government, Fox said."Perhaps it is impossible to ask government to halt the supply of drugs to our children."

back to top

Public Opinion: In Gallup Poll, Support for Legalizing Marijuana Reaches All-Time High, Majority in West

According to the most recent Gallup poll, 44% of Americans favor legalizing marijuana, while 54% oppose it. The 44% figure is the highest since Gallup began polling on the issue nearly 40 years ago.

In 1970, only 12% of respondents favored legalization. That figure climbed to 28% in 1977, then declined slightly and reached a plateau with support holding at around 25% for the next two decades. But in the past decade, public opinion has begun to shift, with support hitting 34% in 2002, 36% in 2006, and now, 44%.

Conversely, opposition to legalization is now at an all-time low. It was 84% in 1970, 66% in 1977, and around 73% for most of the Reagan, Bush I, and Clinton eras. But beginning in about 1996, opposition began to decline, dropping to 62% in 2002, 60% in 2006, and now, 54%.

A related question -- whether marijuana should be legalized and taxed to raise revenues for state governments -- won similar support levels in the Gallup poll. Some 42% of respondents said they would favor such a move in their state, while 56% were opposed. In the West, however, support for tax and legalize has gone over the top; 53% favor such an approach.

Looking at various demographic groups, support for marijuana legalization is highest among self-described liberals, at 78%. Only 26% of conservatives and 46% of moderates supported legalization. Similarly, 54% of Democrats, 49% of independents, and 28% of Republicans supported legalization.

There is also a clear generational divide. Half of those under age 50 support legalization, compared to 45% aged 50 to 64, and only 28% of seniors.

Support for legalization has swollen among certain demographic groups since the last Gallup poll on the issue in 2005. The number in favor of legalization jumped more than 10 points among women (+12), young people (+11), Democrats (+13), liberals (+15), moderates (+11), and residents of the West (+13).

If these rates of increase in support for legalization continue over the medium term, the world as we know may indeed end in 2012.

back to top

Medical Marijuana: California Judge Issues Injunction Blocking LA Dispensary Moratorium

A California Superior Court judge ruled Monday that the City of Los Angeles' moratorium on new medical marijuana dispensaries is invalid and granted a preliminary injunction blocking enforcement of the ban. The Green Oasis dispensary and a number of other collectives sued the city last month seeking to overturn the moratorium.

They argued that the City Council violated state law when it extended its original moratorium in March. They also argued the measure was unconstitutionally vague.

Superior Court Judge James Chalfant concluded that the city did not follow state law when it moved to extend the moratorium, but had instead relied on an out-of-date local ordinance. "The city cannot rely on an expired ordinance," he said as he issued the injunction.

The injunction applies only to Green Oasis, but the ruling appears to challenge the city's ability to enforce the moratorium against the hundreds of dispensaries that have opened in the city in the last two years. According to some estimates, the city could have as many as a thousand dispensaries operating right now. With the Green Oasis ruling, other dispensaries will be inspired to join the lawsuit or file lawsuits of their own.

The ruling only adds to the confusion around the legality of dispensaries in California in general and Los Angeles in particular. Also on Monday, the Obama administration issued a memo saying that prosecuting medical marijuana providers in states where it is legal should not occur unless the providers are violating state law. But last week, LA District Attorney Steve Cooley argued that under his interpretation of state law, "100%" of LA dispensaries are illegal, and he was going to move against them.

In the meantime, more dispensaries continue to open in Los Angeles. And now, in the wake of this week's ruling, the LA city council is moving in an expedited manner to get a handle on them. It expects to have plans in place next week to begin to shut down hundreds. This is a battle that is far from over.

back to top

Southwest Asia: Afghan Opium Trade Wreaking Global Havoc, UNODC Warns

The UN Office on Drugs and Crime (UNODC) warned Wednesday that the traffic in Afghan opiates is spreading drug use and addiction along smuggling routes, spreading diseases, and funding insurgencies. The warning came in a new report, Addiction, Crime, and Insurgency: The Threat of Afghan Opium. "The Afghan opiate trade fuels consumption and addiction in countries along drug trafficking routes before reaching the main consumer markets in Europe (estimated at 3.1 million heroin users), contributing to the spread of HIV/AIDS and other blood-borne diseases," the report said.

Neighboring countries, especially Iran, Pakistan, and the Central Asian republics, are among the hardest hit, said UNODC. According to the report, Iran now has the highest opiate addiction rates in the world. "Iran faces the world's most serious opiate addiction problem, while injecting drug use in Central Asia is causing an HIV epidemic," UNODC said.

But the impact of the multi-billion flow of Afghan opiates could have an especially deleterious impact on Central Asia, UNODC chief Antonio Maria Costa warned in remarks accompanying the report. "The Silk Route, turned into a heroin route, is carving out a path of death and violence through one of the world's most strategic yet volatile regions," Costa said. "The perfect storm of drugs, crime and insurgency that has swirled around the Afghanistan/Pakistan border for years is heading for Central Asia."

In Pakistan and Afghanistan, the opium trade is funding violent radicals. "The funds generated from the drugs trade can pay for soldiers, weapons and protection, and are an important source of patronage," the report said. In Afghanistan, the Taliban generated between $90 million and $160 million annually in recent years, the UNODC estimated. In Pakistan, the UNODC estimated the trade at $1 billion annually, with "undetermined amounts going to insurgents."

Although Afghan opium production declined slightly last year, the country is producing -- and has produced -- more opium than is needed to meet global demand. As a result, the UNODC estimates that there is an unaccounted for stockpile of 12,000 tons of opium -- enough to satisfy every junkie on the planet for the next three to four years. "Thus, even if opiate production in Afghanistan were to cease immediately, there would still be ample supply," the report said.

Unsurprisingly, the UNODC report did not address the role that global drug prohibition plays in exacerbating problems related to opiate use and the opiate trade. Prohibitionist attitudes restrict the availability of harm reduction programs, such as needle exchanges, that could reduce the spread of blood-borne diseases. And it is global drug prohibition itself that creates the lucrative black market the UNODC says is financing insurgencies and spreading political instability.

back to top

Europe: In Opinion Poll, Romanians Reject Marijuana Legalization

Last month, a Romanian presidential committee recommended decriminalizing the possession of "soft" drugs, implementing needle exchange programs, and legalizing prostitution. A poll this month suggests the committee and President Traian B?sescu have some work to do in winning over the Romanian public -- at least on the drugs issue.

According to a poll conducted by eResearch Corporation, an Angus-Reid affiliate, only 34% of Romanians agree with decriminalization, while 59% oppose it.

B?sescu came to power in 2004 as head of the Alliance for Truth and Justice, a coalition consisting of the Democratic and National Liberal parties, and vowed to institute reforms in the former communist satrapy. His Presidential Committee for the Analysis of Social and Demographic Risk was part of that pledge.

"Drug abuse needs to be discouraged, but with the adequate difference made between soft drugs and hard drugs, especially the ones injected such as heroin, which have devastating negative effects," the report said. But the report also called for "disincrimination (sic) of drug consumption -- but not of trafficking -- to bring consumers to the surface."

According to another eResearch poll, Romanians are going for bringing sex work in from the cold. That poll found that 56% supported legalizing prostitution, while only 37% opposed it.

back to top

Asia: Drug Users Form Regional Organization

In a meeting in Bangkok last weekend, more than two dozen drug users from nine different countries came together to put the finishing touches on the creation of a new drug user advocacy organization, the Asian Network of People who Use Drugs (ANPUD). The Bangkok meeting was the culmination of a two-year process began at a meeting of the International Congress on AIDS in Asia and the Pacific in Colombo, Sri Lanka, in 2007, and resulted in the creation of a constitution and the selection of a steering committee for the new group.

ANPUD adopts the principles of MIPUD (Meaningful Involvement of People who Use Drugs), and in doing so, aligns itself with other drug user advocacy groups, including the International Network of People who Use Drugs (INPUD), of which ANPUD is an independent affiliate, the Australian Injection and Illicit Drug Users League (AIVL),the Vancouver Area Network of Drug Users, and the Nothing About Us Without Us movement.

ANPUD currently has more than 150 members and sees its mission to advocate for the rights of drug users and communities before national governments and the international community. There is plenty to do. Asia has the largest number of drug users in the world, but is, for the most part, woefully retrograde on drug policy issues. Not only do drug users face harsh criminal sanctions -- up to and including the death penalty -- but Asian countries have the lowest coverage of harm reduction services in the world. Access to harm reduction programs, such as needle exchanges and opioid maintenance therapy, is extremely limited.

"People who use drugs are stigmatized, criminalized and abused in every country in Asia," said Jimmy Dorabjee, a key figure in the formation of ANPUD. "Our human rights are violated and we have little in the way of health services to stay alive. If governments do not see people who use drugs, hear us and talk to us, they will continue to ignore us."

The Director of the UNAIDS Regional Support Team, Dr. Prasada Rao, spoke of the urgent need to engage with drug user networks and offered his support to ANPUD, saying that "For UNAIDS, HIV prevention among drug users is a key priority at the global level." Rao continued, "I am very pleased today to be here to see ANPUD being shaped into an organization that will play a key role in Asia's HIV response. It is critical that we are able to more effectively involve the voices of Asian people who use drugs in the scaling up of HIV prevention services across Asia."

"When I go back home, I am now responsible for sharing the experiences with the 250 or so drug users who are actively advocating for better services at the national level," said Nepalese drug user and newly elected steering committee member Ekta Thapa Mahat. "It will be a great way for us to work together and help build the capacity of people who use drugs in Asia."

"The results of the meeting exceeded my expectations," said Ele Morrison, program manager for AVIL's Regional Partnership Project. "The participants set ambitious goals for themselves and they have achieved a lot in just two days to set up this new organization. The building blocks for genuine ownership by people who use drugs is definitely there."

While the meetings leading to the formation were organized and managed by drug users, the process received financial support from the World Health Organization, the UNAIDS Regional Task Force, and AIVL.

back to top

Weekly: This Week in History

October 24, 1968: Possession of psilocybin or psilocin becomes illegal in the US.

October 27, 1969: Anthropologist Margaret Mead provides testimony to Congress: "It is my considered opinion at present that marihuana is not harmful unless it is taken in enormous and excessive amounts. I believe that we are damaging this country, damaging our law enforcement situation, damaging the trust between older people and younger people by its prohibition, and this is far more serious than any damage that might be done to a few over-users."

October 27, 1970: Congress passes the Comprehensive Drug Abuse Prevention and Control Act. It strengthens law enforcement by allowing police to conduct "no-knock" searches and includes the Controlled Substances Act, which establishes five categories ("schedules") for regulating drugs based on their medicinal value and potential for addiction.

October 27, 1986: President Reagan signs the Anti-Drug Abuse Act of 1986, an enormous omnibus drug bill which appropriates $1.7 billion to "fight the drug crisis." The bill's most consequential action is the creation of mandatory minimum penalties for drug offenses.

October 26, 1993: Reuters reports that the National Organization for the Reform of Marijuana Laws (NORML) joined scores of Boy Scout troops, Elks Clubs, and other community groups in a program in which participants clean up sections of Ohio's highway system. The Ohio Department of Transportation had denied NORML's application twice previously, arguing it would be helping to advertise a "controversial activist" group. The American Civil Liberties Union stepped in, and Ohio's attorney general forced transportation officials to relent.

October 29, 1993: The administrator for the Drug Enforcement Administration (DEA), Robert C. Bonner, resigns after three years in office to enter private law practice in Los Angeles. He disagreed with the Clinton administration's increased emphasis on drug treatment, saying it amounted to a decrease in emphasis on law enforcement and the pursuit of cooperation from foreign governments. "Drug treatment, particularly in this town, is the real feel good (method) for how you deal with the drug problem. It doesn't deal with any enforcement of the laws. It makes everybody feel all warm and fuzzy... I think treatment is being oversold," says Bonner.

October 25, 1997: Regarding Colombia, the New York Times quotes US Drug Czar General Barry McCaffrey as saying, "Let there be no doubt: We are not taking part in counterguerrilla operations." Less than two years later, on July 17, 1999, the Miami Herald reports: "McCaffrey said it was 'silly at this point' to try to differentiate between anti-drug efforts and the war against insurgent groups."

October 26, 1997: The Los Angeles Times reports that twelve years after a US drug agent was kidnapped, tortured and murdered in Mexico, evidence has emerged that federal prosecutors relied on perjured testimony and false information, casting a cloud over the convictions of three men now serving life sentences in the case.

October 27, 1997: After a four-year investigation and a five-month trial, a federal jury returns a not guilty verdict on one racketeering charge against two former US prosecutors who became lawyers for a drug cartel, but fails to reach verdicts on drug trafficking and other charges against the two lawyers.

October 23, 2001: Britain's Home Secretary, David Blunkett, proposes the reclassification of cannabis from Class B to Class C. Cannabis is soon decriminalized in Great Britain, only to be returned to Class B by the Labor government in 2008.

October 26, 2001: DEA agents descend on the LA Cannabis Resource Center, seizing all of the center's computers, files, bank account, plants, and medicine. The DEA cites a recent Supreme Court decision as justification for their action. The patient cannabis garden at the West Hollywood site is seized by DEA agents despite the loud protestations of the West Hollywood mayor and many local officials and residents.

October 27, 2001: The Guardian (UK) reports that a majority of Britons believe cannabis should be legalized and sold under license in a similar way to alcohol. Some 65 percent of those questioned in a poll agree it should be legalized and 91 percent said it should be available on prescription for sufferers of diseases like multiple sclerosis.

October 23, 2002: Time/CNN conducts a telephone poll of 1,007 adult Americans over two days (October 23-24). The result: Nearly one out of every two American adults acknowledges they have used marijuana, up from fewer than one in three in 1983.

October 28, 2002: The New York Post reports that a Time/CNN poll reveals that 72 percent of Americans now feel that people arrested with small amounts of marijuana should not do any jail time, while just 19 percent favored sending pot smokers to jail. Nearly 60 percent of Americans still want marijuana possession to be considered a criminal offense -- but 34 percent now favor complete legalization. The new poll also offers good news to activists and lawmakers who are calling for the legalization of medical marijuana: 80 percent of those surveyed said they favored dispensing pot for medicinal purposes.

October 27, 2004: In an op-ed piece in the Paris newspaper Le Monde, Raymond Kendall, the chief of the international law enforcement agency Interpol from 1985 to 2000, calls drug prohibition "obsolete and dangerous" and says its continuation represents a missed opportunity for reform. He says prohibition has failed to protect the world from drugs and Europe must take the lead in reforming the drug laws, particularly at the United Nations General Assembly Special Session on drugs in Vienna in 2008.

back to top

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: "Medical Marijuana Isn't a Trojan Horse, the Drug War is a Trojan Horse," "The Daily Show's Best War on Drugs Moments," "Christian Science Monitor Thinks Arresting Cancer Patients Will Stop Marijuana Legalization," "John Stossel and Bill O'Reilly Debate Drug Legalization," "Oakland Airport's Awesome Marijuana Policy," "Cartoon: The First Time I Smoked Pot," "Obama's New Medical Marijuana Statement: What Just Happened?," "Do You Know Your Rights When Dealing With Police?," "Has Anyone Seen Former Drug Czar John Walters Lately?"

Phil Smith previews many Drug War Chronicle stories.

David Borden notes: "Washington Post Story on Crack Sentencing Bill."

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

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 please join us on the comment boards.

back to top

Announcement: The 2009 International Drug Policy Reform Conference, Albuquerque, New Mexico, November 12-14

StoptheDrugWar.org (DRCNet) is pleased to be a partner in the upcoming 2009 International Drug Policy Reform Conference, this November 12-14 at the Hyatt Regency in Albuquerque, New Mexico.

The Reform Conference, sponsored by our friends at the Drug Policy Alliance, is the major biennial gathering of drug policy reformers of all kinds. The last one, held in New Orleans in 2007, brought together over 1,000 attendees representing 25 different countries. This year attendees will have the opportunity to spend three days interacting with people committed to finding alternatives to the war on drugs while participating in sessions given by leading experts from around the world. Click here to register -- early bird rates are available through October 9, and discounts are available for students and New Mexico residents.

Some testimonials from the 2007 conference:

"The conference was a tremendous educational experience. I established tons of contacts and look forward to a future dedicated to fighting the drug war."

"Lots of great energy! This was my very first conference and I would most definitely recommend it to any health care professional desiring information on this subject. The speakers were very educated on their subjects and readily available to answer questions."

"This conference has been an incredible experience. The level of knowledge and experience from the presenters has been fantastic."

"I thought the conference was a wonderful collaboration of minds and knowledge on the multiple aspects of drug policy. I enjoyed having applicable speakers on both sides of the debate of policy and drug reform."

"This conference exceeded my expectations in every way possible. As a first year attendee I had no idea what I would learn."

"Once again, thank you for the most exciting and informative conference in the world."

Hope to see you there.

back to top

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.

back to top