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Latin America: Mexico Drug War Update

by Bernd Debusmann 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, with a death toll of over 4,000 so far in 2009. 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, August 21 - The mother and brother of the reputed head of the La Familia drug cartel were arrested by Mexican authorities. This came despite explicit threats on television last month by Servando Gomez, the cartel boss, that any action against his family would bring retaliation. Gomez’s mother, Maria Teresa Martinez, was released two days after her arrest because of a lack of evidence. The brother, Luis Felipe Gomez Martinez, is still being held. -43 Mexicans were indicted by federal courts in Chicago and Brooklyn. The indictments, unsealed Thursday , charge the 43 Mexicans with operating a coast-to-coast distribution network through which drugs and money have flowed for the last 20 years. The three most high profile suspects--Joaquín Guzmán Loera, Ismael Zambada García and Arturo Beltrán Leyva-- are the current and former leaders of the Sinaloa cartel, although Beltran Leyva now operates his own, independent organization. 35 of the 43 suspects remain at large, while the other eight were arrested during the last week in Chicago and Atlanta. Saturday, August 22 -The Mexican government decriminalized small amounts of marijuana, cocaine, heroin and meth. Under the new laws, people are now allowed to have 5 grams of marijuana, 50 mg of heroin, half a gram of cocaine, and 40 mg of meth. Mexican prosecutors believe that the new law will help in the war against drug cartels by allowing federal prosecutors to focus on combating large-scale traffickers and distributors rather than small-time users. This change in policy comes at a time when drug cartels are selling an increasingly large number of drugs domestically. A 2008 government study found that the number of drug addicts in Mexico had almost tripled in the past six years. -In Ciudad Juarez gunmen killed a Mexican army officer and another man in a bowling alley. Gunmen entered the Bol-Bol bowling alley and gunned down Captain Alejandro Aranda and an unidentified companion late on Friday night. Aranda was an administrator of a dining hall in a Ciudad Juarez military facility. Also, in Tijuana, three police officers were wounded when their patrol cars came under fire from suspected cartel gunmen. Monday, August 24 -The Mexican Army announced on Monday that it captured a leading member of the La Familia drug cartel in the Pacific coast city of Manzanillo. Luis Ricardo Magana, also known by the alias “19 1/2” (traffickers frequently use numerical codenames), is alleged to be responsible for the cartels shipments of methamphetamine to the United States. He is one of Mexico’s most wanted fugitives and is also thought to be involved in the planning of retaliatory attacks on federal police agents. Also on Monday, in the state of Sinaloa, a cooler containing four severed heads was found by the side of rural road. The headless bodies were found some 3 miles away. -16 people were killed during a 24-hour period in Ciudad Juarez. Among the victims was a police officer who wanted to resign after having previously received unspecified threats. In a separate incident, a group of heavily armed gunmen shot and killed a 15-year-old boy outside his home. The 16 killed now bring the death toll in Ciudad Juarez for the year over 1,100 killed. Tuesday, August 25 -Another 29 people were killed in drug-related violence across Mexico during a 24-hour period. Among the victims were a police commander and two of his officers in Nayarit who were killed when the car in which they were traveling was attacked by gunmen wielding automatic weapons. In Gomez Palacio, Durango two prison guards were found dead, while, in a separate incident, gunmen attacked a couple. The man died while the woman was left in serious condition. In Nogales, a cooler containing a dismembered human body was left at the entrance to a technical university. Additionally, six individuals were killed in Ciudad Juarez, three bodies were found at a ranch in Sonora, four people were murdered in Guerrero, and parts of nine human bodies were found across Sinaloa. -Recent court documents examined by the Houston Chronicle detail an ultra high-tech communications network employed by a Mexican drug trafficking organization. The federal court documents detail the testimony of Jose Luis Del Toro Estrada, 38, who is alleged to be a cartel communications expert. According to his testimony, his organization uses a string of hand-held radios on a network which stretches from Guatemala to the Mexico-Texas border. His team included an expert who specialized in installing radio towers and antennas, and another who researched new technology. Total reported body count for the last week: 155 Total reported body count for the year: 4,587
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Europe: Britain to Ban Spice, GBL, BZP

The British Home Office announced Tuesday that it is planning to ban several "legal highs," including "Spice," the club drug GBL, and the stimulant drug BZP. The substances will be added to the British list of controlled substances by year's end, said Home Secretary Alan Johnson. "There is a perception that many of the so called 'legal highs' are harmless, however in some cases people can be ingesting dangerous industrial fluids or smoking chemicals that can be even more harmful than cannabis," said Johnson. "Legal highs are an emerging threat, particularly to young people, and we have a duty to educate them about the dangers." "Spice" is a sort of synthetic cannabinoid which is currently sold legally as a spray to apply to herbal cigarettes. It has already been banned in France and Germany. It will become a Class B drug--in the middle tier of the British classification scheme--like amphetamines or marijuana. GBL (Gamma-butyrolactone) and a similar chemical, which are converted in to the Class C drug GHB (gamma-hydroxybutyrate) in the body and often used as weekend party drugs, will become Class C drugs, the least serious drug classification. So will BZP (Benzylpiperazine) and related piperazines, which are stimulants taken as an alternative to amphetamine. Under Britain's Misuse of Drugs Act of 1971, possession of Class C drugs can earn up to two years in prison, while possession of Class B drugs can earn up to five years. Dealing in either Class B or Class C drugs is punishable by up to 14 years in prison. The Home Office has announced an education campaign around these newly classified substances. It is set to start at the beginning of the school year next month.
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Europe: Dutch Government to Fund Membership Card Scheme for Maastricht Coffee Shops

In a bid to stop the flow of tens of thousands of Belgian, French, and German marijuana consumers into Dutch border town cannabis coffee shops, the Dutch government announced this week that is investing 150,000 Euros ($213,000) in a pilot membership card program for coffee shop clients in Maastricht. The program was first proposed earlier this year by Maastricht Mayor Gerd Leers. The foreign marijuana consumers have caused various public safety and public nuisance problems, from congested automobile traffic to public urination and attracting street drug dealers. At least two other Limburg province border towns, Roosendaal and Bergen op Zoom, have responded to the problem by saying they will close down all their coffee shops. Under the membership card scheme, only card-carrying coffee shop members could purchase cannabis, and purchased would be limited to three or five grams a day. Such a move would presumably deflate the number of "impulse" drug tourists. There are about 700 cannabis coffee shops in Holland. While the Dutch federal government is hostile toward them, it has committed not to act against them before the 2010 elections. That leaves efforts to reduce their numbers or otherwise restrict them in the hands of local officials. The federal government is also spending about $7 million for various local councils to address various problems associated with coffee shops, where users can purchase up to five grams of cannabis without fear of arrest. Ministers want to reduce the number of large coffee shops and reduce the involvement of organized crime. But that latter problem is largely an artifact of Holland's half-baked approach to marijuana. While the Dutch allow the possession and sale of small amounts of cannabis through the coffee shop system, they have made no provision for a regulated supply of cannabis for the coffee shops, leaving it to the black market.
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Hey, Check Out These Meaningless Statistics!

From the drug czar's blog:
According to a recent national survey, 11 percent of weekend nighttime drivers tested positive for illicit drugs - five times as many as were under the influence of alcohol.
It's just perfect nonsense of the exact variety the drug czar's office specializes in. Testing positive for drugs just means the person has drugs in their system (which could have been ingested days or even weeks before getting behind the wheel). By contrast, those who were "under the influence of alcohol" were over the legal limit at the time they were driving. The drug czar is literally comparing people who may have smoked marijuana last week to people who are drunk right now. It's insane.

And, as is often the case when drug warriors wildly misinterpret scientific data, the report itself specifically warns against drawing exactly the types of conclusions claimed by the drug czar:

The reader is cautioned that drug presence does not necessarily imply impairment. For many drug types, drug presence can be detected long after any impairment that might affect driving has passed. For example, traces of marijuana can be detected in blood samples several weeks after chronic users stop ingestion. Also, whereas the impairment effects for various concentration levels of alcohol is well understood, little evidence is available to link concentrations of other drug types to driver performance.
Is that confusing to anyone? It really shouldn’t be. But, unfortunately for us all, it is the drug czar's job not to understand or acknowledge basic facts like these. Once one comes to understand that our drug policies are routinely based on complete nonsense, it ceases to be a mystery why we achieve such dismal results.
In The Trenches

Press Release: California Senate Urges New Federal Policy on Medical Marijuana

[Courtesy of Americans for Safe Access] For Immediate Release: August 25, 2009 Contact: Kris Hermes at 510-251-1856 x307 California Senate Urges New Federal Policy on Medical Marijuana Recent enforcement actions in medical marijuana states underscore need for change Sacramento, CA -- The California Senate voted 23-15 yesterday on a resolution that urges the federal government to end medical marijuana raids and to "create a comprehensive federal medical marijuana policy that ensures safe and legal access to any patient that would benefit from it." Recent federal enforcement activity underscores the need for Senate Joint Resolution (SJR) 14, introduced in June by State Senator Mark Leno (D-San Francisco). Although President Obama has signaled a willingness to change federal policy on medical marijuana, his Administration has yet to come forward with an actual implementation plan. In a previous statement, Senator Leno stated that, "Patients and providers in California remain at risk of arrest and prosecution by federal law enforcement and legally established medical marijuana cooperatives continue to be the subjects of federal raids." Once passed, "this resolution will clearly state the Legislature's opposition to federal interference with California's medical marijuana law and support for expanded federal reform and medical research," continued Leno. In the last two weeks, federal agents conducted multiple raids on medical marijuana providers in both California and Colorado. On August 12, the Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Internal Revenue Service, and local police carried out a paramilitary-style raid on a medical marijuana provider in Los Angeles. The government claimed that the raided facility had failed to submit state sales tax revenues despite a lack of corroboration by the California Board of Equalization. Then, on August 14, during an investigation on an unrelated matter, FBI agents raided a medical marijuana provider in Denver, Colorado, causing the facility to shut down. Most recently, on August 18, five people were arrested in Upper Lake, California on federal charges after DEA agents seized 154 plants from what defendants claim was a medical marijuana cultivation site. The search warrant in the Upper Lake raid has been indefinitely sealed, preventing any scrutiny of the government's actions. These and at least a half-dozen other actions that have occurred since President Obama took office seem to contradict repeated statements made by the Obama Administration about a new federal policy with regard to medical marijuana. "Not only do we need an end to these harmful federal raids and unnecessary interference in state medical marijuana laws," said Don Duncan, California Director with Americans for Safe Access, the nationwide medical marijuana advocacy group and sponsor of SJR 14. "The entire country would benefit from a sensible, comprehensive medical marijuana policy." SJR 14 urges President Obama and Congress to "move quickly to end federal raids, intimidation, and interference with state medical marijuana law." But, it goes further by asking the government to establish "an affirmative defense to medical marijuana charges in federal court and establish federal legal protection for individuals authorized by state and local law..." Because of the 2005 U.S. Supreme Court decision in Gonzales v. Raich, federal medical marijuana defendants are prevented from using a medical or state law defense. "With more than two dozen of these defendants currently being prosecuted by the Justice Department, each of them facing many years in prison, such a change to Justice Department policy would be timely, relevant and critically important," continued Duncan. The resolution also addresses the need to expand research into the medical benefits of marijuana, a recommendation of the White House-commissioned Institute of Medicine report from 1999. Currently, a federal monopoly on the cultivation of marijuana for research purposes has stifled the ability to conduct FDA-approved scientific studies. To address this, the resolution urges the President and Congress "to adopt policies and laws to encourage advanced clinical research trials into the therapeutic use of marijuana." SJR 14 now proceeds to the California Assembly, and if passed the non-binding resolution will become law without needing the approval of Governor Schwarzenegger. Further information: Senate Joint Resolution on medical marijuana: http://www.AmericansForSafeAccess.org/downloads/SJR_14.pdf ASA fact sheet on SJR 14: http://www.AmericansForSafeAccess.org/downloads/SJR14_Fact_Sheet.pdf Yesterday's Senate vote count: http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sjr_14_vote_200908 24_1259PM_sen_floor.html # # #
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Medical Marijuana: First California DEA Arrests Under Obama Took Place Last Week

A massive DEA operation featuring dozens of heavily armed agents and at least four helicopters ended with the arrests of five people in California's Lake County last week. According to California NORML, the arrests are believed to be the first since the Obama administration announced it would not persecute medical marijuana providers in states where it is legal unless they violated both state and federal law. The DEA seized 154 marijuana plants from Upper Lake resident Tom Carter, and arrested him, former UMCC dispensary operator Scott Feil and his wife, Steven Swanson, and Brett Bassignani. Carter is a registered medical marijuana patient and provider, and his wife, Jamie Ceridono, told the Lake County News he was growing for several patients and his grow was legal under state law. The genesis of the bust appears to lie with an alleged May deal between a DEA informant and Bassignani to purchase marijuana. According to documents filed by Carter's federal defenders late last week, the informant claimed to have arranged to buy marijuana from Carter and to have left a voicemail message for Carter to set up the deal. That same informant allegedly made a deal to buy marijuana from Bassignani. In the document, the federal defenders said prosecutors made no claim that Carter ever heard the phone message the informant allegedly called and that they set out no evidence linking Carter and the informant. "All the complaint says is that another individual, Mr. Bassignani, called the informant, claimed he worked for 'Carter Construction,' and arranged a marijuana deal," Carter's defense attorneys wrote. "The deal later took place, and the only other reference to Mr. Carter is the conclusory claim that the informant 'had agreed on the price with Carter.' No context, no specifics, and no other information is provided in the complaint which indicates that Mr. Carter in fact talked to the informant, arranged a marijuana deal, and indicated that he (Carter) was knowingly involved in a marijuana transaction." Moving that the two felony counts of marijuana trafficking against Carter be dismissed, the attorneys added: "This complaint is sadly deficient with regard to whether Mr. Carter has done anything to indicate that he conspired to break the law. It should be dismissed accordingly." It is unclear why Feil and his wife were arrested. They are neighbors of Carter and his wife. Carter and Feil are being held in Oakland, where they are set to have initial detention hearings today and tomorrow. Federal prosecutors have asked that Carter be held pending trial "on the basis of flight risk and danger to the community." Carter is a long-time resident of Upper Lake, prominent construction contractor, and community benefactor. "California already has enough federal marijuana criminals," said CANORML coordinator Dale Gieringer, "It's time for concrete changes in federal law." While the Obama administration has announced it would no go after law-abiding medical marijuana providers, the DEA has conducted at least two raids against providers in San Francisco and Los Angeles, although there have been no arrests in those cases. The administration has not announced any changes in federal laws or regulations around medical marijuana, and Bush appointees continue to serve in the DEA and the US Attorney's Office of Northern California, which is prosecuting the case.
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Argentine Supreme Court to Decriminalize Drug Possession Today

The Argentine Supreme Court is expected to issue a ruling decriminalizing drug possession for personal use today. The ruling will come in the case of five juveniles arrested with marijuana in the city of Rosario. The case has been under consideration by the high court for almost a year. The Argentine federal government has been reviewing its drug laws with an eye toward abandoning repressive policies toward users and is waiting for this case to be decided to move forward with new legislative proposals. Supreme Court Justice Carlos Fayt told the Buenos Aires Herald that the court had reached a unanimous position on decriminalization, but declined to provide further details. A positive Supreme Court decision on decriminalization would ratify a number of lower court decisions in recent years that have found that the use and possession of drugs without causing harm to others should not be a criminal offense.
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First Time

I'm 17 years old and have been in treatment for 3 years. I've been out for two months, and my goal with writing this blog or whatever is just to write whatever's on my mind.
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Will Foster Extradited to Oklahoma

Medical marijuana patient Will Foster is en route to prison in Oklahoma after being picked up Friday by Oklahoma law enforcement officials. He had been held at the Sonoma County Jail in Santa Rosa, California, for the past 15 months as he fought bogus marijuana cultivation charges there--he was a registered patient with a legal grow--and, after the California charges were dropped, on a parole violation warrant from the Sooner State. Foster had been arrested and convicted of growing marijuana in Oklahoma and sentenced to 93 years in prison in the 1990s. After that draconian sentence focused national attention on his case, he was eventually resentenced to 20 years in prison. He later won parole and moved to California, where he served three years on parole and was discharged from parole by California authorities. That wasn't good enough for vindictive Oklahoma authorities, who wanted to squeeze more years out of Foster. He refused to sign Oklahoma paperwork requiring him to return there to serve out the remainder of his sentence. He also refused to sign paperback that extended his original service. Oklahoma authorities issued a parole violation warrant, and the governors of both states signed it. Foster had sought to block extradition by filing a writ of habeas corpus--he had won a similar writ against Oklahoma earlier--but that effort failed on Friday, and Oklahoma authorities were there to whisk him away. Foster is scheduled to be held at the Tulsa County Jail before being assigned to a prison in the Oklahoma gulag. Efforts by Foster supporters to secure his release continue and are now focusing on Oklahoma parole authorities and the state governor. For more information about the Foster case, see our Chronicle story here and at Ed Rosenthal's blog here. Drug War Chronicle will continue to follow the Foster case. Look for a feature article next week.