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DEA Pain Hearings Tomorrow

The House Judiciary Committee's Subcommittee on Crime, Terrorism, and Homeland Security will be holding oversight hearings tomorrow on the DEA's Regulation of Pain and Medicine. This is long overdue. Our position is that DEA is effectively causing the torture by denial of opiate medication of millions of pain patients around the country, by prosecuting doctors and thereby frightening other doctors into not being willing to prescribe them. See our topical archive on the issue for further information. Among the presenters to the committee tomorrow is our friend Siobhan Reynolds, head of the Pain Relief Network. She has posted the prepared version of her testimony here. The Judiciary Committee makes live video feeds of all hearings available on its home page here.
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They're Trying to Clone Drug-sniffing Dogs!

It's horrible because it's true:

SEOUL (Reuters) - A South Korean laboratory that produced the world's first cloned dogs is looking to get into the business of cloning canines, first by cloning drug-sniffing dogs, a lab official said on Tuesday.

The laboratory at Seoul National University, implicated in a scandal for fabricating data in embryonic stem cell studies, has signed a memorandum of understanding with the Korea Customs Service to clone drug-sniffing dogs, said Kim Min-kyu, the researcher who heads the cloning project for the team. [Reuters]

You've gotta hand it to these guys. What better way to overcome the ethical dilemmas facing the cloning industry than by getting involved in the drug war, where ethics are all but unheard of.

There's something brilliantly Orwellian about armies of drug-sniffing dog clones chasing hippies and snarling at school children. It's just a matter of time until they build robots to do that, and when that happens I just don't know what I'm gonna do. The big-time crooks will have their own robots to commit crimes for them, so our prisons will be filled with poor suckers who couldn’t afford a Stash-Bot 6000 to take the rap.

For the time being, it's worth noting that cloning in the drug war is nothing new. Anonymous sources have informed me that the new ONDCP documentary Stoners in the Mist is actually cloned from the original Reefer Madness, and drug war mouthpiece Mark Souder is actually cloned from red-scare fear-monger Joseph McCarthy.

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Positive Drug Tests Don't Prove Impairment

Maybe you've heard the story: Worker gets injured on the job. Employer, anticipating hefty workers compensation claims, administers drug test. Wouldn't you know it, injured employee tests positive for marijuana and is denied compensation due to presumed impairment.

Of course, since marijuana remains detectable for weeks after use, it is just wrong to presume that a positive result indicates impairment at the time of the accident. Still, many companies continue to fire injured employees for marijuana, rather than compensating them for on-the-job injuries that had nothing at all to do with their off-the-job marijuana consumption. It is a morally-reprehensible and scientifically-fraudulent practice, but one which serves the financial interests of its practitioners and thus continues.

Finally, for the first time that I know of, this sickening practice has been challenged successfully in court:
The Tennessee Supreme Court has ruled that a worker whose hand was crushed by machinery at his workplace was not to blame for the accident despite his admitted marijuana use off the job.

…

The state law establishing the drug-free workplace program presumes that any injuries to an employee found to have been using drugs or alcohol were caused by the drug use. But the court noted that the law also allows employees to enter evidence to rebut that presumption.
…

The co-worker and the shop foreman both testified that McIntosh didn't appear to be impaired by marijuana use before the accident.

McIntosh, who had worked at Interstate for five years, contended the injury was caused by the actions of an inexperienced employee. [Forbes]
So often in drug policy reform, we must celebrate victories of common sense that could be taken for granted if anti-drug hysteria had not permeated every aspect of our lives. How absurd is it that McIntosh even had to prove his lack of impairment? After all, it is perfectly clear and undeniable that a positive test for marijuana doesn’t prove impairment at all. There was never any evidence of impairment at any point throughout all of this, yet it had to be decided by the state's highest court.

While the Tennessee Supreme Court has certainly made the right decision here, one shudders to think how many marijuana users have been thrown to the dogs under identical circumstances. The premise that marijuana ruins lives – almost universally false though it is – somehow becomes a justification for profiteers seeking to validate the most despicable treatment of people who've used marijuana.

These events serve to remind us that prohibition is more than police, prisons and politics. It an idea – corrupt to its core – which infects everything, entering our schools and workplaces to spread false prejudice and obscure even the most obvious truths.

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Rudy Giuliani Hates Medical Marijuana, But He Loves OxyContin

Rudy Giuliani has again lashed out at medical marijuana on the campaign trail:
"I believe the effort to try and make marijuana available for medical uses is really a way to legalize it. There's no reason for it," the former New York mayor said during a town hall-style meeting at New Hampshire Technical Institute.

He also said there are better alternatives.

"You can accomplish everything you want to accomplish with things other than marijuana, probably better. There are pain medications much superior to marijuana," he said. [AP]
I've already written about the potent irony of Giuliani's opposition to medical marijuana, but if he won’t shut up about this, neither will I. If Rudy Giuliani won't stop talking trash about medical marijuana, and endorsing pharmaceutical alternatives, I won’t stop bringing up the fact that he worked as a hired consultant for OxyContin manufacturer Purdue Pharma.

Giuliani has less than no credibility on this issue because he worked for a company that is in direct competition with medical marijuana. It's really that simple. His claims that medical marijuana is part of a broader legalization conspiracy are also ironic considering that Giuliani played a key role in keeping OxyContin legal after it was linked with widespread abuse. Giuliani personally met with former DEA administrator Asa Hutchinson and persuaded him to leave Purdue alone. Meanwhile, abuse of pharmaceutical drugs, particularly OxyContin, has become the fastest growing drug problem among America's youth.

To be clear, I don't believe OxyContin should be illegal. Patients must be allowed to choose medicines based on what works for them, whether it be OxyContin, medical marijuana, or tree bark. But the transparent hypocrisy of Giuliani's behavior is so over-the-top that it is just impossible to ignore.

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Home State Blues, or What's an Itinerant Activist To Do?

Your itinerant Drug War Chronicle has been bouncing around North America for the last few years, spending significant amounts of time in Washington state, British Columbia, Mexico, Northern California, and my home state, South Dakota. The traveling is nice, but I’ve felt politically homeless, as if my presence anywhere were too fleeting for me to be able to do local or state-level politics, and that’s a frustration. So, as much as I would rather be elsewhere, I’m thinking I need to hunker down here in Dakotaland and try to get something done. It is not friendly territory. South Dakota is the only state where voters rejected an initiative to allow the medicinal use of marijuana. Although it was a close vote, 52% to 48%, it was still a loss. Medical marijuana bills (introduced by an acquaintance of mine) early in the decade went nowhere. The state has one of the fastest growing prison populations right now, thanks largely to its approach to methamphetamine use. Marijuana possession is routinely punished by $500 fines, and there is a good chance of jail time, too. (In fact, you may be better off being convicted of drunk driving, if my local court records are any indication.) And, most hideously of all, South Dakota is the only state I know of that has an “internal possession” law. That means when the police arrest you with a joint, they make you submit to a urine test, then charge you with an additional offense if you test positive. South Dakota judges also routinely sign drug search warrants that include forced drug tests. I know one gentleman currently serving a five-year prison sentence for “internal possession” of methamphetamine metabolites, and no, it wasn’t a plea bargain. That was the only charge they had. South Dakota’s drug reform community (which can probably be counted on the fingers of one hand) seems beaten down, but I think I’m going to reach out and see if I can’t get anyone interested in a four-pronged drug reform legislative package: Hemp. Our neighbors in North Dakota have passed a bill allowing farmers to grow hemp and are currently suing the DEA to force it out of the way. South Dakota farmers would like to make profits, too. Medical marijuana. Yeah, we lost a close one last year, and it’s never been able to get any traction in the legislature. But I think we should make them deal with it again. Our neighbors in Montana seem to be surviving medical marijuana. Marijuana decriminalization. Does South Dakota really think pot possession is more serious than drunk driving? Does the legislature understand the lifelong impact of pot conviction on its constituents? Our neighbors in Nebraska decriminalized pot back in the 1970s, and the cornfields are still standing. Repeal of the internal possession laws. Criminalizing someone for the content of his blood or urine is just wrong. Winning any of these will be an uphill battle, and perhaps even linking hemp to broader drug reform issues would spell its doom here. But I think it’s every good activist’s responsibility to do what he can to slow down the drug war juggernaut, so I’m going to give it a shot. What are you doing in your state?
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Drug Czar Walters' Press Conference on Operation Alesia, Marijuana Eradication Initiative

This is a rare chance to meet the other side head-on and show your discontent with wasteful, ineffective marijuana eradication programs and the Drug Czar and his policies generally. John P. Walters, Director of National Drug Control Policy (ONDCP) will be in Shasta County, California to conduct a marijuana eradication site visit as well as to attend the kickoff of a Federal, State and local law enforcement marijuana eradication initiative, Operation Alesia, a three-tiered marijuana eradication initiative coordinated by the California National Guard's Counterdrug Taskforce and the Shasta County Sheriff's Office.
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Opposing the Drug War Doesn’t Make Us "Pro-drug"

As recently as Friday, ONDCP has continuously described drug policy reform organizations as "pro-drug groups":
For years, pro-drug groups have been alleging that "nothing can be done" about the world's illegal drug problem.
Nothing could more perfectly illustrate ONDCP's inability (or unwillingness) to acknowledge the stated goals of the drug policy reform movement. For starters, "nothing can be done about the world's drug problem" is the precise opposite of what we believe, and is an ironic accusation to receive from people who specialize in accomplishing nothing.

We've identified many things that need to be done with regards to the world's drug problem, starting immediately. It's true that we want the government to stop doing several things it currently does, but that doesn't mean we advocate illegal drug use or want nothing done. Our message is positive: drug abuse can be handled better than this.

Moreover, the difference between advocating something and opposing the arrest of its practitioners is plainly evident in the case of religion, sexual preferences, sky diving and so on. It is utter nonsense to equate opposition to the drug war with advocacy of drug use, and ONDCP's compulsion to falsely describe our motives merely demonstrates the difficulty of actually responding to our arguments.

Ultimately, the magnitude and diversity of the drug policy reform movement overwhelms any attempt to simplify our agenda. DPA's Ethan Nadelmann said it best at the 2005 International Drug Policy Reform Conference:
Who are we? We are people who love drugs. They say we like drugs. It's true. Especially marijuana. Marijuana has been good for us. God put it here for a reason and we need to find a way to live with it in peace. But we are also people who hate drugs. We have suffered from overdoses and addiction. But we know that drugs are here to stay, and prohibition and the criminal justice system is not the way to deal with it. And we are people who don't care about drugs. People who care about the Constitution, who care about 2.2 million Americans behind bars, who care about fundamental rights and freedoms.
Indeed, opposition to the drug war emerges from a thousand perspectives, but it is for precisely this reason that ONDCP still endeavors to boil down our position into one silly soundbite: "pro-drug groups." It is one thing to create caricatures of our movement and mock us in a blog that doesn't allow comments. It would be quite another to stand up and defend this catastrophic war before each and every constituency that suffers by its hand.

So for the record, no, we are not "pro-drug." We are pro-freedom. We are pro-justice. We are pro-health, pro-equality, and pro-constitution. And we will continue to stand for these values openly and despite the certainty of being called things that we are not.

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Madison (WI) NORML Meeting

Please join fellow friendly folks for this important meeting. It will focus on medical cannabis with very special guest Jacki Rickert and others.