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Mexico is Bleeding

I can't avoid writing about Mexico again this week. Last week was one of the ugliest yet in President Felipe Calderon's newly energized war on drugs, with at least 46 people killed last week, including five civilians gunned down by soldiers at a roadblock in Sinaloa. So far this year, nearly a thousand have died as the cartels fight each other and the police and the army. It's all part of President Calderon's effort to break the power of the cartels, and it's all so absolutely predictable, with outcomes that are easily foreseeable. The Mexican army and police will undoubtedly effect some big-time captures or killings, the cartels will splinter into micro-cartels, and then begin the process of reformulating themselves into new cartels, killing off rivals and buying off (or killing off) police and soldiers. That's been the case every time a Mexican president has tried to stand tall against the power of the drug traffickers. In fact, the present round of violence is the legacy of former President Fox's 2004 war on drugs, and so far, there is every indication it will end the same way. I'll be talking to as many Mexican observers as I can this week, from academics to human rights watchers, along with Mexico experts here in the US. And Mexico continues to pay the price for America's war on the drugs it loves.
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Police deliberately crash truck into car, and then steal car -- in order to search it.

Drug WarRant discusses this incident that even I almost find unbelievable... Okay, they use the word "tap," and not unfairly. But my use of the word "crash" has as much or more connection to reality than the word "conspiracy" has had in many drug cases that have put minor drug offenders in prison for decades. And even bumper taps have a small but non-zero chance of causing medical complications including death. I think all the police officers involved in this should be permanently banned from working in law enforcement or even private security. They have absolutely no reasonable concept of what constitutes responsible behavior with respect to the lives of other people. Or they had an incredibly poor judgment lapse, same difference.
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Crack Cocaine Sentencing Headed to Supreme Court

The US Supreme Court has agreed to rule on the U.S. v. Kimbrough case, in which an eastern-Virginia US District Court judge, Raymond Jackson, sentenced a crack cocaine offender -- Derrick Kimbrough -- to a below-guidelines sentence, only to be overruled following an appeal by the government to the 4th Circuit. "Guidelines" here refers to the federal sentencing guidelines (similar to, but not to be confused with the mandatory minimums), in which certain very harsh sentences require only 1/100th the amount of crack cocaine to get triggered as is required of powder cocaine. The "government" here refers to federal prosecutors, who objected that Judge Jackson had based his view that the guidelines sentence for Kimbrough's offense was unreasonable (a requirement for downward departures in the post-Booker ruling federal sentencing world, at least for now) in part on his disagreement over the policy of the harsher sentences for crack offenders. The Court of Appeals in the 4th Circuit agreed, and Kimbrough's sentence was kicked back up to the much-criticized guidelines level. Also before the Court is the case of Victor Rita, another crack cocaine defendant. And the Court has promised to pick a case that deals with the same issue as the one that was at stake in the case of Mario Claiborne, who died earlier this year (info at same link). While there are far more whites who use crack cocaine than blacks, as the Associated Press reported today, "[m]ost crack cocaine offenders in federal courts are black." Why does the 4th Circuit Appeals Court see the intellectual path a judge took to get to a finding of unreasonableness as more important than the self-evidently unreasonable nature of the draconian sentences they are defending? Both Mr. Kimbrough and Judge Jackson are African American, by the way. They are also both veterans -- Kimbrough fought in the first Gulf War; Jackson has a decades-long military career that included a stint as a JAG and includes continuing service as a colonel in the Reserves. The 4th Circuit decision, which is only two paragraphs long, is not published online (or so I've read), but visit the post made about this case on the Sentencing Law and Policy blog and scroll down to the third comment to read it. Our topical archive on the crack/powder cocaine sentencing disparity is online here (though it only goes back to early fall -- you have to use the search engine for earlier stories). We also have a Federal Courts archive here Last but not least, as I mentioned in my previous blog post, click here to write to Congress in support of H.R. 460, Charlie Rangel's bill to reduce crack cocaine sentences to the same level as sentences for powder cocaine.
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In The Trenches

ASA's Medical Marijuana in the News: Week Ending 6/8/07

VERMONT: Expanded Medical Marijuana Law Enacted RHODE ISLAND: Bill Vetoed, Override Certain CONNECTICUT: Medical Marijuana Bill Goes to Governor MICHIGAN: Initiative Language Approved TEXAS: State Considers Medical Marijuana COLORADO: One Case Dismissed, Another Pending CALIFORNIA: Some Cities Regulating, Some Not FEDERAL: California Crackdown Continues -------------------------------------------------------------------------------- VERMONT: Expanded Medical Marijuana Law Enacted The two-year-old medical marijuana law in Vermont has now been expanded to include more medical conditions. Instead of letting doctors make the determination as to appropriate patients and conditions for medical marijuana treatment, many state lawmakers are prescribing which patients should be protected from prosecution. Medical marijuana expansion becomes law by Associated Press, Rutland Herald (VT) Vermont's medical marijuana law — which lets people with life-threatening conditions use the illegal drug without fear of prosecution — now covers people with chronic, debilitating conditions. -------------------------------------------------------------------------------- RHODE ISLAND: Bill Vetoed, Override Certain A veto by the governor was expected in Rhode Island, since he had attempted to block the bill the legislature passed a year ago. But the success of the state program was undeniable, and the margin of support was even more overwhelming this year. Part of the reason is the advocacy of lawmakers such as Tom Slater, who championed the cause of medical marijuana patients. Medical marijuana: His name’s on the law by M. Charles Bakst, Providence Journal (RI) Decades from now, folks may notice Tom Slater’s name on a Rhode Island law allowing use of marijuana to ease the pain of cancer and other serious diseases. And they’ll wonder, admiringly I think, “Who was this guy? What was he about?” Carcieri vetoes medical marijuana by Michael McKinney, Providence Journal (RI) As expected, Governor Carcieri yesterday vetoed medical marijuana legislation. And Democratic House leader Gordon Fox said he believes state lawmakers will override that veto. -------------------------------------------------------------------------------- CONNECTICUT: Medical Marijuana Bill Goes to Governor With a University of Connecticut poll showing 83% of voters support a medical marijuana law, legislators there have passed one, after five years of consideration. Passage was helped by a lawmaker’s account of buying marijuana illegally for her cancer-stricken husband. Cannabis Measure Passes Senate by Colin Poitras, Hartford Courant (CT) After five years of on-again, off-again debate, Connecticut lawmakers Friday passed landmark legislation allowing seriously ill people to grow marijuana at home to ease their pain or reduce unpleasant side effects of treatment. Medical marijuana bill in Rell's hand by Keith M. Phaneuf, Journal Inquirer (CT) For the last five years, state Rep. Penny Bacchiochi, R-Somers, and legislative allies from both parties have fought to legalize marijuana use for medicinal purposes. --------------------------------------------------------------------------------
In The Trenches

EURODRUG: EU Civil Society Contact Group Calls On the Heads of State and Government for an Effective Treaty and a Transparent and Accessible Conference

[Courtesy of the European Coalition for Just and Effective Drug Policies] The EU Civil Society Contact Group, representing eight large European networks of NGOs, criticises plans by the Council to prepare and agree a revised EU treaty through a closed Inter-Governmental Conference (IGC) with a restricted mandate. No retreat from the achievements of the convention. Throughout the convention on the Future of Europe and the Intergovernmental Conference, members of the Civil Society Contact Group campaigned for a text that reflects concerns of citizens. Following the current negotiations and debates we are deeply worried that important achievements of the convention and the draft constitution will be lost. A more coherent European project to respond to common challenges both within and outside of Europe is urgently needed. We urge the Council to take action to maintain the following points as part of a new EU treaty. We are convinced that they are crucial for the future of the EU: It is indispensable to include the Charter of Fundamental Rights in a new treaty. Only by doing so will the interests and concerns of many citizens be taken serious. Key components of part III of the draft Constitution including the reconfirmed policies on environment (III-233), the new energy chapter (III-256), the horizontal social clauses (article III 116,117,118,122) as well as the strengthening of Europe’s development policy (III 316,317,318,319) and its ability to play a responsible role in world (III-292) need to be retained in a new treaty. The principle of participatory democracy (I-47) underlies all our activities. It is important that this becomes a treaty provision. It would support the endeavours of a variety of actors who aim to strengthen democracy in the EU. The extension of qualified majority voting is essential for an EU of 27 to function. Civil society challenges Council to open up inter-governmental approach: Traditionally IGCs have been closed processes offering no possibilities for civil society to engage. A coherent and effective strategy of involving civil society is urgently needed to engage European citizens in the process and inform its outcomes. Such a strategy should include: *Regular meetings between civil society and the presidency of the Union, *A website where civil society positions on the treaty revision could be posted and accessed by all member states, *Discussions in the IGC should be public, and transmitted via the European broadcast system (Ebs) and a dedicated website. Citizens want and expect Europe to provide moral and accountable leadership. The treaty revision will be an important step in re-connecting Europeans to the EU if it takes their concerns seriously. The EU Civil Society Contact Group brings together the Platform of European Social NGOs (Social Platform), the European NGO confederation for relief and development (Concord), the Human Rights and Democracy Network, the Green 10 (environmental organisations), the European Women’s Lobby, the European Forum for the Arts and Heritage (EFAH), the European Public Health Alliance (EPHA) and the European Civil Society Platform on Lifelong Learning (EUCIS-LLL). Encompassing hundreds of European NGOs and thousands of national affiliates, they work together to develop the dialogue between civil society organisations and the EU institutions as an essential part of strengthening participatory democracy. www.act4europe.org *Contact person: Regula Heggli, Coordinator Civil Society Contact Group, T: +32 2 511 17 11, F: +32 2 511 19 09, [email protected], www.act4europe.org Find the call also on _
In The Trenches

Conference: Drug Policy Alliance, New Orleans, December

Registration has opened for the 2007 International Drug Policy Reform Conference, convening at the Astor Crowne Plaza in New Orleans, Louisiana. The conference begins the evening of Wednesday, December 5, and runs through Saturday, December 8. Special rates are available to those who register early.

The International Drug Policy Reform Conference, hosted by the Drug Policy Alliance, is a major international gathering of people who believe the war on drugs is doing more harm than good. The conference, which this year is themed "Working Toward a New Bottom Line." This year's conference will be co-hosted by the ACLU, the Harm Reduction Coalition, Law Enforcement Against Prohibition, the Marijuana Policy Project and Students for Sensible Drug Policy.

A new bottom line for drug policy would mean basing success on metrics such as prevention of overdose deaths and increased access to treatment rather than the current measure -- numbers of people arrested and incarcerated for drug use. The idea of working toward a new bottom line is particularly relevant in New Orleans, the site of the 2007 conference. Hurricane Katrina laid bare an array of problems, many of which are exacerbated by failed drug war policies. Furthermore, the state of Louisiana comes close to leading the nation in incarcerating people for drug law violations. Although the South remains a region where drug policy reform has yet to take a strong hold, choosing to hold the meeting in New Orleans could help to build momentum in an area that has the potential to make incredible progress.

Members and early-bird registrants will enjoy a significant discount off the regular registration rate:


Attendee TypeBefore Nov. 5After Nov. 5On Site
Members$275$375$400
Non-members$325$425$450
Students$150$250$275
One Day Rate$125$150$175

For further information, including details about conference programming, travel and lodging, visit http://www.drugpolicy.org/conference/.

In The Trenches

Drug Truth Update - June 11, 2007

Drug Truth Network Update: Cultural Baggage + Century of Lies + 4:20 Drug War NEWS Half Hour Programs, Live Fridays... at 90.1 FM in Houston & on the web at www.kpft.org. Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org and at www.radio4all.net. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US and Canada., Cultural Baggage for 06/08/07 Richard Traylor disproves faulty Tx correctional urine tests & Doug McVay with Drug War Facts & Phil Smith of Stop The Drug War MP3 MP3 LINK: http://www.drugtruth.net/007DTNaudio/FDBCB_060807.mp3 Century of Lies for 06/08/07 Sanho Tree debunks O'Reilly Screed & Lynn Paltrow dispels meth baby myth MP3 MP3 Link: http://www.drugtruth.net/007DTNaudio/COL_060807.mp3 4:20 Drug War NEWS 06/11/07 to 06/17/07 now online (3:00 ea.): Monday 06/11/07 Black Perspective on Cocaine w/ Phil Jackson Tuesday 06/12/07 Poppygate, various Wednesday 06/13/07 Jerry Cameron of Law Enforcement Against Prohibition Thursday 06/14/07 Doug McVay & Drug War Facts + DTN Editorial Friday 06/15/07 Phil Smith of Drug War Chronicle Saturday 06/16/07 Bill OReilly vs Sanho Tree of Institute for Policy Studies I Sunday 06/17/07 Bill OReilly vs Sanho Tree II NEXT Friday: - Cultural Baggage 8 PM ET, 7 PM CT, 6 PM MT & 5 PM PT. Authors Preston Peet & Wade Agnew - Century of Lies 2 PM ET, 1 PM CT, Noon MT & 11 AM PT. Aghan Fiasco Focus Check out our latest video with Terry Evans regarding methamphetamine use by black, gay population. http://www.youtube.com/watch?v=c8Avum59fTM Please become part of the solution, visit our website: www.endprohibition.org for links to the best of reform. "Those who support drug prohibition, through complicity, ignorance or silence are the best friends the drug lords could ever hope for." - Reverend Dean Becker, Drug Truth Network Producer
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Reception and Screening of "Hard Road Home"

The Prison Art Gallery invites you to a reception and screening of "Hard Road Home," a new documentary about the Exodus Transitional Community prisoner reentry program. Our own music ambassador Dennis Sobin will be performing classical and jazz guitar.
In The Trenches

Kennedy Center Show to Be Produced by Prison Art Gallery Seeks Ex-prisoner Musicians

[Courtesy of the Prison Art Gallery] We are pleased to announce that the Prison Art Gallery, in conjunction with its parent organization the Prisons Foundation, will be presenting a two-hour show at the Kennedy Center this Labor Day weekend, September 2007. The show is entitled "How Music Helped Me Escape from Prison" and will consist of singers and musicians who put their interest in music to productive ends while behind bars. If you are an ex-prisoner musician or singer, or know of an ex-prisoner musician/singer, there is still time to be included in the show. Each performer will have a designated amount of time to perform songs of her or his choice with brief remarks about how these songs helped her/him rise above the prison experience. For further information, please call 202-393-1511.
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Charlie Rangel on Reentry, Crack Cocaine Sentencing and the Vote

Rep. Charles Rangel (D-NY), a one-time drug warrior, made brief remarks on the floor of the US House of Representatives relating to criminal justice, including his support for the Second Chance Act (measures to help people coming out of prison to reenter society successfully) and for restoring the vote to people with past felony convictions, and his sponsorship of H.R. 460 to eliminate the harsher treatment that people convicted for crack cocaine offenses currently receive under the law relative to other cocaine offenses (along with other remarks that don't directly relate to drug policy). (Click here to write your US Representative in support of H.R. 460.) Nothing too huge here, but of interest, and good to see that the chairman of the powerful Appropriations Committee is focused on things like this.
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Why do we let cops be our "drug experts"?

We see this at all levels, from the local DARE officer misinforming the kids to national law enforcement associations lobbying for more funding to top cops explaining why marijuana is not a medicine. All will tout the dangers of their target drug du jour, and we listen to them as if they knew what they were talking about. Why? Police presumably "know" about correct drug policy because they deal with messed up drug offenders. But police also deal with domestic violence incidents, and we don't assume that makes them experts on marriage. (For anyone who does assume that, check out their divorce rates.) Law enforcement is not a dispassionate, disintered bystander in the debate over drug policy. It sucks greedily on the taxpayer's teat for ever-increasing funding, and it manufactures drug threats to do so. I await breathlessly the arrival of the "new heroin" or the next "worse than crack" drug, and I'm sure the cops are going to tell me all about it and explain why they need more money to fight it. Even if we are generous and grant that people in law enforcement want to do the right thing and save people from themselves, they are not the right people to be teaching our kids about drugs. The latest exhibit comes from Biloxi, Mississippi, where the local newspaper had a story with this headline: Officers Give Biloxi Students the Truth About Illegal Drugs. Here are the three "truths" I could discern from reading the article:
The police investigator told the group that " Young people are actually taking this frog and licking it." The students couldn't believe their ears. Then the investigator explained how licking a certain kind of frog has the same effects as using LSD. He also said there were people willing to do it to get high. "Are you serious? A frog?" asked one boy. "That's nasty," a girl chimed in.
The cop is referring to the Sonoran Desert Toad, which indeed excretes an hallucinogenic substance when agitated. I am unaware of any contemporary reports of a psychedelic toad-licking trend, but thanks, officer, for making the kids aware of this bizarre drug-taking possibility. The second "truth" I discerned from the article is this one:
Richard Robinson said the most surprising thing he learned was "That crack kills."
It's not quite so simple. Yes, one can die from a cocaine overdose, typically from cardiac arrhythmia, but I'm unaware of any wave of crack-related heart attack deaths. (Am I wrong? Anyone?). I did find one five-year study of Brazilian crack users that looked at 124 chronic users. After five years, 40% reported not using within the last year, and 23 of the original cohort had died during the five-year interim, a mortality rate above average. But the study noted that the most common cause of death was homicide, not drug overdose. Crack kills? Sometimes, maybe. But far, far more often, not. Finally, the third "truth" I discerned from the article:
"We try to help them to determine what's real and what's not real. What's falsehood and what's a myth," said Sgt. Jackie hodes. "There's a myth that marijuana doesn't hurt you but it does. It definitely hurts you. It destroys your brain cells. So we just try to give them some truth so they can make more informed decision."
Truth, huh? Here's the skinny on the tired old "marijuana kills brain cells" meme, courtesty of the Drug Policy Alliance's marijuana myths pages:
Myth: Marijuana Kills Brain Cells. Used over time, marijuana permanently alters brain structure and function, causing memory loss, cognitive impairment, personality deterioration, and reduced productivity. Fact: None of the medical tests currently used to detect brain damage in humans have found harm from marijuana, even from long term high-dose use. An early study reported brain damage in rhesus monkeys after six months exposure to high concentrations of marijuana smoke. In a recent, more carefully conducted study, researchers found no evidence of brain abnormality in monkeys that were forced to inhale the equivalent of four to five marijuana cigarettes every day for a year. The claim that marijuana kills brain cells is based on a speculative report dating back a quarter of a century that has never been supported by any scientific study.
I ask again: Why do we let cops pose as "drug experts"?
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