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If You Think the Drug War Protects Young People, Read This

CNN has a story on teenage drug smuggling that pretty much murders the notion that drug prohibition is creating a barrier between youth and drugs:

As an American, [Danny] Santos could freely cross the El Paso-Juarez border and not raise suspicion. At age 15, Santos says, he met "a guy" at a party who introduced him to drug kingpins in Ciudad Juarez, Mexico.

"You start off as a driver," Santos said. "People feel like they can trust you, then you move up to something bigger."

Two weeks later, he got a $4,000 job offer to drive his first load of marijuana across a bridge into El Paso. It was the beginning of a four-year smuggling career.

Of course, a 15-year-old kid can't get a job driving a beer truck, but he can make thousands smuggling drugs for a cartel in Ciudad Juarez. Does this sound right at all?

US. Customs and Border Protection officials in El Paso and San Diego report that in recent months, they've seen a rise in the number of juvenile drug smugglers getting busted at border checkpoints.

So right now, in 2009, the problem of teenagers becoming drug smugglers is escalating. After decades of trying to perfect our drug war strategies, all you have to do is open any newspaper and you'll immediately see some seriously messed-up stuff going on that we didn't even used to have to worry about.

It just gets worse all the time every time you look at it and I couldn't exaggerate how bad it is no matter how hard I try. I shudder to consider how much more hell on earth it may take to finally prove that the drug war is the problem and not the solution.
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Obama's Fraudulent Pledge to Respect Medical Marijuana Laws

The legal plight of medical marijuana provider Charlie Lynch has provided a useful instrument with which to measure the new administration's commitment to respecting state medical marijuana laws. Attorney General Eric Holder has stated that only cases involving violation of state laws will be pursued, prompting the judge in Lynch's trial to request guidance from the Dept. of Justice before handing down the sentence. Here's what came back:

…in response to the Court's inquiries, the Office of the Deputy Attorney General has reviewed the facts of this case and determined that the investigation, prosecution, and conviction of defendant are entirely consistent with the policies of DOJ and with public statements made by the Attorney General with respect to marijuana prosecutions.

Huh!? That can only be true if Lynch violated California's medical marijuana laws, which hasn't been proven in court (he was only charged under federal law), and is entirely inconsistent with his well-documented cooperation with local authorities including the city council and chamber of commerce.

Charlie Lynch is exactly the sort of defendant we aren't supposed to be seeing anymore under Obama, and yet here he is, scheduled to be sentenced on Thursday and the new administration won't lift a finger to stop it. He'll likely receive a 5-year mandatory minimum for doing something the President has repeatedly said would not be prosecuted under his administration. It's just that simple.

On Thursday, we'll find out exactly how much Obama's campaign promises were worth. This won't go down quietly. Stay tuned.
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Supreme Court Restricts Warrantless Vehicle Searches

The Supreme Court's decision in Arizona v. Gant today was a pleasant surprise. The Court struck a blow against the deeply flawed search-incident-to-arrest doctrine that has permitted police to perform a vehicle search anytime someone in the car is arrested. For the last 28 years, concerns over officer safety have been held to permit ridiculous numbers of automatic vehicle searches that had more to do with the drug war than officer safety.

My thoughts on the case are over at Flex Your Rights.

Chronicle

Reportaje: En tribunal federal de apelaciones, ASA busca forzar gobierno a corregir información errónea sobre marihuana medicinal

El martes Americans for Safe Access, el grupo de militancia pro marihuana medicinal, argumentó ante un tribunal de apelaciones federal estadounidense que una ley federal exige que las agencias del gobierno hagan declaraciones precisas y objetivas – no información errónea – cuando se trata de la marihuana medicinal. Pero los abogados del gobierno Obama discrepan.
In The Trenches

420 Drug War NEWS & Century of Lies 04/21/09

4:20 Drug War NEWS + Century of Lies! From 90.1 FM in Houston 60+ radio affiliates in the US, Canada and Australia & at www.kpft.org. Today Marks 36,595 Days of DRUG WAR! Century of Lies, 04/19/09: Mike Gray, chairman of Common Sense for Drug Policy regarding his recent OpEd in the Washinton Post, Radley Balko of Reason Magazine, Bill Moyers speaks to writer David Simon of the Wire + The Abolitionists Moment LINK: http://www.drugtruth.net/cms/?q=node/2379 4:20 Drug War NEWS 04/20/09 to 04/26/09 now online (3:00 ea:) Select online at www.drugtruth.net Sun - Bill Moyers interviews David Simon, writer for "the Wire" Sat - Radley Balko of Reason, 2/2 Fri - Radley Balko regarding Reason article: "Obamas Demented Drug Policy" Thu - Mike Gray, Chairman of CSDP, 2/2 Wed - Chairman of Common Sense for Drug Policy, Mike Gray discusses his recent OpEd in Washington Post + "What Will It Take To Motivate" Tue - Terry Nelson reports for Law Enforcement Against Prohibition Mon - Mexican Ambassador to US on Face the Nation + Abolitionists' Moment Next - Century of Lies on Sunday, Cutural Baggage on Wednesday: - Cultural Baggage 12:30 PM ET, 11:30 AM CT, 10:30 MT & 9:30 AM PT: Law Professor Buford Terrel - Century of Lies 8 PM ET, 7 PM CT, 6 PM MT, 5 PAM PT: Guest: Tony Newman of Drug Policy Alliance Hundreds of our programs are available online at www.drugtruth.net, and www.audioport.org. Check out our latest videos via www.youtube.com/fdbecker. Please become part of the solution, visit our website (www.endprohibition.org) for links to the best of reform. "Prohibition is evil." - Reverend Dean Becker, Drug Truth Network Producer, 713-849-6869, www.drugtruth.net
In The Trenches

Media Advisory -- DOJ: Policy Statements on Medical Marijuana Don't Affect Federal Sentencing 4/23

MEDIA ADVISORY Americans for Safe Access For Immediate Release: April 21, 2009 DOJ: Policy Statements on Medical Marijuana Don't Affect Federal Sentencing Advocacy group to argue at 4/23 sentencing hearing that Lynch did not violate state law Los Angeles, CA -- Legal counsel for the advocacy organization Americans for Safe Access (ASA) will appear on behalf of Charles C. Lynch at his federal sentencing hearing on Thursday, April 23rd to challenge the federal government's claim of state law violations. Even though defendants are prevented from using a medical marijuana defense in federal court, they can argue state law compliance at sentencing. ASA Chief Counsel Joe Elford will argue that Lynch in no way violated state law, something that U.S. Attorney Thomas O'Brien has alleged in his sentencing recommendations. At Lynch's previously scheduled sentencing hearing on March 23rd, federal district court Judge George H. Wu asked for written clarification from the U.S. Attorney General as to whether recent statements by that office would impact Lynch's sentencing. In a brief filed Friday, U.S. Attorney O'Brien stated that "the Deputy Attorney General has reviewed the facts of this case and determined that the investigation, prosecution, and conviction of defendant are entirely consistent with the policies of DOJ and with public statements made by the Attorney General with respect to marijuana prosecutions." Lynch's sentencing, which was originally postponed until April 30th, was changed by Judge Wu to April 23rd. What: Sentencing hearing for Charles C. Lynch at which state law compliance will be argued by Chief Counsel for medical marijuana advocates Americans for Safe Access When: Thursday, April 23rd at 10:30 a.m. Where: Los Angeles Federal Court, 312 N. Spring Street, Courtroom 10 "It's bad enough that the Justice Department is accusing Lynch of violating state law in order to sentence him in federal court," said ASA Chief Counsel Joe Elford. "But, there is not even any evidence that state law was violated." Despite a March 2008 public statement by then-Senator Obama that he was "not going to be using Justice Department resources to try to circumvent state laws" on medical marijuana, U.S. Attorney General Eric Holder has since stated that the DOJ would still "go after those people who violate both federal and state law." Advocates contend that the federal government should not even be prosecuting violations of state medical marijuana law. "It's disingenuous to accuse people of state law violations and then prosecute them under federal law, thereby denying them an adequate defense in federal court," continued Elford. Because of the June 2005 U.S. Supreme Court decision in Gonzales v. Raich, federal medical marijuana defendants are prohibited from entering evidence related to medical marijuana or their compliance with local and state laws. With more than two dozen pending federal medical marijuana cases, advocates are demanding that the government cease prosecutions or remove them to state court where evidence can properly be heard. Defense attorneys are seeking time served for Lynch, but he faces a mandatory minimum of 6 years and the possibility of up to 20 years in federal prison. Before his medical marijuana dispensary was raided by Drug Enforcement Administration (DEA) agents in March of 2007, Lynch had operated for 11 months without incident, and with the blessing of the Morro Bay City Council, the local Chamber of Commerce, and other community members. Two months after Lynch closed his dispensary, Central Coast Compassionate Caregivers, he was indicted and charged with conspiracy to possess and possession with intent to distribute marijuana and concentrated cannabis, manufacturing more than 100 plants, knowingly maintaining a drug premises, and sales of marijuana to a person under the age of 21. None of the federal charges constitute violations of local or state law. Further information: DOJ Response to Judge Wu's request for clarification: http://www.safeaccessnow.org/downloads/DOJ_Lynch_Response.pdf Charles C. Lynch Interview with John Stossel: http://www.friendsofccl.com/johnstossel.htm Friends of Charles C. Lynch website: http://www.friendsofccl.com # # #