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Mark Kleiman vs. "Drug Policy Reform"

Cato Unbound has posted two more essays in its online series debating the meaning of responsible drug use. True Temperance from Jacob Sullum is typical of his rational approach to the topic and pretty much said what I expected from him, concluding that it isn’t the government’s role to restrict personal choices that don’t infringe on the rights of others.

Mark Kleiman’s piece Drug Policy in Principle, And in Practice was more of a challenge for me. On one hand, Kleiman was effective in clearing up some of the false distinctions put forth by Jonathan Caulkins last week, and I generally appreciated his theme that current drug laws just don’t reflect the relative risk associated with some of the most popular drugs.

Unfortunately, Kleiman also gives us a taste of what we can typically expect from him in terms of defending prohibition as the best policy with regards to the most dangerous drugs and looking at ways to make the drug war work better, rather than aiming to reduce its enormous size. Pete Guither covers that point well, so I’ll focus my response on this specific statement from Kleiman:

Cato Unbound is to be commended for having assembled a symposium free both of the usual drug war rant and of the usual "drug policy reform" rant.

Rather than acting all offended by this, I’ll just assume (generously) that Kleiman is merely enjoying how focused this discussion has been. It’s true that Cato has provided an opportunity to explore some central themes of the drug policy debate that are not always given the attention they deserve. Kleiman’s quip might be slightly less annoying than Caulkins "dull drug legalization debate" remark earlier in this same discussion, but it still requires me to ask at what point the advocacy of reform becomes a problem for Kleiman. Which of our talking points is he so sick of?

I ask because I simply don’t see "drug policy reform" as a single idea that one either agrees or disagrees with. You don’t have to even consider regulation of drugs like cocaine, heroin, and methamphetamine in order to conclude that we’ve made terrible errors in our approach to them. What disappoints me so much about Kleiman is not just that he refuses to consider post-prohibition solutions, but that he also appears to regard that as our sole agenda and sidesteps many of our legitimate concerns about the way the drug war is being fought at this exact moment.

Kleiman’s entire essay manages to avoid acknowledging one single negative consequence of the modern war on drugs. His habitual reluctance to acknowledge the harms of our current policy combined with his stated objection to hearing us "rant" about those things amounts to an apparent effort to pretend they aren’t happening. I have a better impression of Kleiman than to think he’s naïve or callous about incidents like the Rachel Hoffman or Kathryn Johnston tragedies, but I hope he realizes that most self-described drug policy reformers spend more time thinking about things like that than about how "crack should be sold at the 7-11." Even if I knew we couldn’t change one drug law in this country, I would still be asking why so many dogs are killed in drug raids, why so many warrants are issued based on unreliable informant testimony, why new mothers are losing child custody based on false positive drug tests, why the drug czar opposes needle exchange, why students with petty drug convictions are denied financial aid for college, why police are never sanctioned for destroying property and even killing innocent in botched drug raids, why we spray herbicides from airplanes on poor farmers in foreign countries, and on and on.

In fairness to Kleiman, this particular Cato discussion wouldn’t necessarily have been the best context in which to explore all of the different ways that our current drug policy produces incalculable injustices. I realize that. My point is that I’m sick of hearing knowledgeable voices like Kleiman and Caulkins express disinterest in the drug policy reform debate while their own ideas continue to focus so much on the drugs and so rarely on the war. Until they are prepared to meaningfully discuss the "war" part of the drug war, they have no credibility to dismiss our ideas, for they have yet to even address many of our foremost concerns.
In The Trenches

Press Release: Horizons Presents Groundbreaking Research and Perspectives on Psychedelic Drugs in Medicine, Art, Spirituality and Culture at Conference September 19-21, at Judson Memorial Church

FOR IMMEDIATE RELEASE: September 15, 2008 CONTACT: Kevin Balktick at [email protected] or 646-537-1701, or Neal Goldsmith at [email protected] Horizons Presents Groundbreaking Research and Perspectives on Psychedelic Drugs in Medicine, Art, Spirituality and Culture at Conference September 19-21, at Judson Memorial Church Experts from across North America gather to discuss the ongoing renaissance in the exploration of psychedelic drugs. Presenters include medical researchers from several of North America's most prestigious universities, world-renown artists, religious scholars, bestselling authors and other key players. Horizons is the largest psychedelics conference in the Americas. Psychedelics are a unique class of psychoactive drugs that have been used by humans for thousands of years. Millions of people in every corner of the globe have used them to alter their consciousness in search of introspective contemplation, spiritual insights, creative exploration and physical and psychological healing. In the 1950s and early 1960s, legal research with psychedelics spurred important discoveries in neuroscience and psychology. During the 1960s, psychedelics entered worldwide popular culture. Questions about their safety, medical value, history and implications in politics and culture were unfortunately answered with numerous myths spread by both their recreational users and the media. The freewheeling sixties have become a distant memory and the hype of the millennial rave fever has faded as well. Now, a small group of dedicated researchers and activists has orchestrated a renaissance in psychedelic research that is re-shaping the public's understanding of these unique substances. Horizons brings together the brightest minds and boldest voices of this movement to share their research, insights and dreams for the future. Notable presenters include John Halpern MD from Harvard Medical School, Roland Griffiths Ph.D. From Johns Hopkins University School of Medicine, David E. Nichols MD from Purdue University, Isiah Saxon and Sean Hellfritsch, the video artists responsible for Bjork's most recent 3-D music video and pharmacological pioneers Alexander and Ann Shulgin. The venue, Judson Memorial Church, is a historically significant, landmarked location. It has a long history of promoting the arts, free speech and progressive politics. For more information please go to: www.horizonsnyc.org
In The Trenches

Advocates Launch Historic Drive to Register Eligible Alabama Voters, Including Those Convicted of Felony Drug Possession

Press Advisory Contact: Rev. Ken Glasgow at 334-791-2433 or Gabriel Sayegh at 646-335-2264 September 12, 2008 Advocates Launch Historic Drive to Register Eligible Alabama Voters, Including Those Convicted of Felony Drug Possession Families, Formerly Incarcerated People, Religious Leaders, Treatment and Sentencing Experts Declare: Don't Criminalize People with Drug Problems, Provide Treatment and Restoration Voter Drive to Include Town Hall Events In Five Cities Across Alabama: "Voter Disfranchisement and The War On Drugs: What's Civil Right's Got to Do With It?" In Alabama, nearly 250,000 people have been stripped their voting rights due to a felony conviction. But in a 2006 court ruling in Alabama, a judge found that only those persons convicted of felonies of "moral turpitude" lose their right to vote. The judge found that certain felonies—such as drug possession—do not constitute crimes of moral turpitude, and therefore individuals convicted of those crimes do not lose their right to vote, even during incarceration. Alabama-based The Ordinary People's Society and their national partner the Drug Policy Alliance estimate that over 50,000 people convicted of non-moral turpitude felonies in Alabama have been wrongly denied their right to vote, or believe they do not have that right due to a conviction. An additional 6 – 7,000 more people currently incarcerated in Alabama state prisons may also be eligible to vote. Join Dothan-based The Ordinary People's Society and their national partner the Drug Policy Alliance on their statewide tour to discuss Alabama's drug war and its impact on democracy. What: "Voter Disfranchisement and the War On Drugs: What's Civil Right's Got to Do With It?" When: 9/15 – 9/19. Each event begins at 6 p.m . Where: 9/15 in Huntsville 9/16 in Birmingham 9/17 in Mobile 9/18 in Dothan 9/19 in Montgomery Each event begins at 6 p.m. Call for event locations. Who: Rev. Kenneth Glasgow, Founder and Executive Director, The Ordinary People's Society (TOPS) (Dothan, AL) Daris Johnson, Director, TOPS Young People's Project (Enterprise, AL) Gabriel Sayegh, Director, Organizing and Policy Project, Drug Policy Alliance (New York, NY) Alabama is facing a crisis. The state has the 6th highest rate of incarceration in the U.S. A prison system designed for 12,500 people now holds nearly 30,000. As a result of the drug war, non-violent drug offenses make up approximately 30% of all felony convictions in Alabama, and people convicted of non-violent drug and property offenses comprise nearly half of the state's prison population. Nearly 50% of prisoners are serving prison time for a drug related crime. And over 250,000 people are barred from voting due to felony disfranchisement laws. A recent court ruling, however, found that people convicted of drug possession, among other offenses, do not lose their right to vote. This change could have an impact on nearly 70,000 Alabamians, including nearly 10,000 currently incarcerated in state prisons. While drug use is equal across all racial groups, Black people are incarcerated for drug crimes at higher rates than whites. Blacks make up only 26% of Alabama's population, but are nearly 60% of the prison population. And nearly every For every white person in an Alabama jail, there are about 4 Black people. Alabama is spending millions to incarcerated people when treatment is more effective and far cheaper. The average cost to keep a person in prison in Alabama is almost $13,000 per year. The average cost of a full treatment program per client is approximately $4,300. Over time, the savings from treatment are significant: Studies by the RAND Corporation have show that every additional dollar invested in substance abuse treatment saves taxpayers $7.46 in societal costs. "We've got to start restoring people's lives, by providing treatment, by restoring the right to vote," said Reverend Kenneth Glasgow, Executive Director of The Ordinary People's Society and state coordinator of the New Bottom Line Campaign. "When a person get's a felony conviction, they can lose more than their voting rights, they can lose public assistance, public housing, financial aid for school. The drug war became a war on people and we spend more on incarceration than on treatment. Why do we spend more on producing criminals than producing citizens? We need a new bottom line." In 2005, according to the Office of Applied Studies, Substance Abuse and Mental Health Services, the substance abuse statistics for the state of Alabama stated: Alcohol • 246,000 people had alcohol dependency • Total admissions for alcohol rehabilitation and treatment was 2,427 • Less than 1% (actually.009%) of Alabamians received treatment for alcohol Other Drug Abuse • 113,000 people had drug dependency other than alcohol • Total admissions for drug rehabilitation and treatment was 12,645 • 11% of those needing treatment were provided with treatment
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In The Trenches

Press Release: Marijuana Arrests Set All Time Record

 

FOR IMMEDIATE RELEASE   
SEPTEMBER 15, 2008   

Marijuana Arrests Set All-Time Record
Arrests for Marijuana Possession Exceed All Violent Crimes Combined

CONTACT: Bruce Mirken, MPP director of communications ............... 415-668-6403 or 202-215-4205

WASHINGTON, D.C. -- Continuing the recent trend, marijuana arrests set another all-time record in 2007, totaling 872,720. Arrests for marijuana possession totaled 775,138, greatly exceeding arrests for all violent crimes combined, which totaled 597,447.

    The number greatly exceeds the 829,627 marijuana arrests in 2006, which itself was an all-time record.

    Arrests for illicit drugs other than marijuana declined in 2007 by over 84,000 compared to 2006.

    "Most Americans have no idea of the massive effort going into a war on marijuana users that has completely failed to curb marijuana use," said Rob Kampia, executive director of the Marijuana Policy Project in Washington, D.C. "Just this summer a new World Health Organization study of 17 countries found that we have the highest rate of marijuana use, despite some of the strictest marijuana laws and hyper-aggressive enforcement.

    "With government at all levels awash in debt, this is an insane waste of resources. If we regulated and taxed marijuana as we do beer, wine, and cigarettes, we could save tens of billions of dollars, better control marijuana's production and distribution, and cut off a huge source of funding to criminal gangs."

    Bizarrely, at his recent press conference announcing new drug use survey data, White House drug czar John Walters stated, "We didn't arrest 800,000 marijuana users," and called that figure, when raised by MPP's Aaron Houston and Dan Bernath, a "lie."

    With more than 25,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.

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In The Trenches

LEAP on the Hill: Stories from Week of September 12, 2008

Every three months: The Open Society Institute under the direction of Nkechi Taifa brings about 50 dedicated professionals together four times a year. Representing close to 50 organizations, we share info and network to change social policy in the USA. Much is accomplished in 90 minutes. At this meeting I showed Tom Angell, LEAP’s new media director, the front page foto and article (at bottom of this letter). I let him know that LEAP expects front page headlines every week! Glad CATO chose Peter Christ to speak: On Thursday I attended a CATO (www.cato.org) event regarding the problems of no-knock SWAT raids on American homes. We listened to the sad story of small town mayor Cheye Calvo whose two black lab dogs were shot dead by police at the beginning of a drug raid on his house. 10 days later the police admitted that the mayor was 0.0 guilty of anything. Expert Radley Balko gave us a history of the use of no-knock, dynamic (violent) entry into homes. Last to speak was retired police captain and one of LEAP’s Founding Five, Peter Christ. The CATO had also considered having me speak but chose Peter instead. So glad they did. Starting slowly and then building and pulling the audience to him, Peter was able to bring immense, emotional power to his speech. He touched me and I am certain all the rest.
In The Trenches

West Coast Leaf Available Online

Volume 1, number 3 (Autumn 2008) of the West Coast Leaf is now available online at http://www.westcoastleaf.com/1-3/Leaf1-3.pdf. Subscriptions are available here: http://www.westcoastleaf.com/subscriptions.htm.
In The Trenches

Drug Truth 9 Radio Shows 09/12/08

Releasing all 9 shows for the week, in advance, in advance of Hurricane Ike. (I have not failed to deliver a program in almost 7 years, I'm not going to start now, unless I have no electricity for more than a week.) Drug Truth Network Update: 4:20 Drug War NEWS & Cultural Baggage and Century of Lies for dozens of radio affiliates in the US, Canada and Australis & on the web at www.kpft.org. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US, Canada and Australia. 4:20 Drug War NEWS 09/15/08 to 09/21/08 now online (3:00 ea:) Select online at www.drugtruth.net SUN - Judge Jerry Paradis from New Zealand 2/2 Sat - Thanks to radio New Zealand, interview with Judge Jerry Paradis of Canada who is touring New Zealand on behalf of Law Enforcement Against Prohibition Fri - Paul Armentano 3/3 Thu - Paul Armentano 2/3 Wed - Paul Armentano, deputy director of National Organization for Reform of Marijuana Laws discussed forthcoming convention and falacy of marijuana laws Tue - BBC interview with Jack Cole, director of Law Enforcement Against Prohibition Mon - Ilia Gvoxdenovic of Oaksterdam University discusses their education system for those seeking to grow and distribute medical marijuana The Unvarnished Truth About the Drug War From the Drug Truth Network: (To downlad these 29:00 files, click on links below. To simply listen, go to www.drugtruth.net and select the arrow below the shows description.) Cultural Baggage for 09/17//08 Sul Ross Professor Martin Terry discusses the diappearing peyote button in the US + Terry Nelson for Law Enforcement Against Prohibition & Doug McVay with Drug War Facts MP3 LINK: http://www.drugtruth.net/cms/?q=audio/download/2054/FDBCB_091708.mp3 TRANSCRIPT: (To be determined) Century of Lies for 09/16/08 NOTE: Produced in advance of Hurrican Ike, (in case I have no electricity): Judge Jerry Paradis of Canada is touring New Zealand on behalf of Law Enforcement Against Prohibition MP3 LINK: http://www.drugtruth.net/cms/?q=audio/download/2053/COL_091608.mp3 TRANSCRIPT: TBD PLEASE NOTE: We now have transcripts, potcasts, searchability, CMS, XML, sorts by guest name and by organization.
In The Trenches

The Sentencing Project: Disenfranchisement News/Updates 9/12/08

New York: Voting Rights Education Hits the Road The New York Civil Liberties Union this week launched a six-week campaign to educate county election boards and formerly incarcerated individuals on voting rights for those with felony offenses. New York City and Buffalo trains and buses have donned print ads which state: "You have the right to vote ... even if you have a criminal record." Donna Lieberman, the executive director of the New York Civil Liberties Union said, "There is a mistaken belief that those with criminal records permanently lose their right to vote. As a result, thousands of New Yorkers are either unnecessarily forfeiting their rights or being unlawfully denied their right to vote." State law bans those incarcerated and on parole from voting, but individuals can vote while on probation. The organization is also active in supporting a bill that would require the state to notify former inmates of their voting status. The bill would provide eligible voters assistance with registration and absentee ballots. It would also require the state Department of Correctional Services to share data with the state Board of Elections to prevent eligible voters with felony convictions from being turned away at voting booths, according to the Press & Sun Bulletin. North Carolina: Campaigning off the Beaten Path Democratic Party campaign supporters have taken to jails to educate inmates on their right to vote, the Durham Herald Sun reported. One delegate went to Durham County Jail in an effort to let inmates with misdemeanors know that they could still register and vote by absentee ballot. The city's mayor, Bill Bell, stated he'd follow through on a request to ask the Durham County Sheriff to ensure inmates could register and send in absentee ballots. Individuals with felony offenses in North Carolina are banned from voting until they've completed their sentence. Nevada: Automatically Eligible, but You Have to Know the Rules Individuals with felony convictions in Nevada have been subject to varying restoration procedures over time, according to Public News Service. The problem is that many individuals don't realize that there are mechanisms by which they can be eligible to vote. Under a 2003 state law, individuals who have completed their sentence for a first-time, non-violent offense are eligible to register to vote. "We're really hoping that we'll get a lot of people involved in this because it's just so important that people participate in civic engagement; it reduces their chances of re-offending, it makes them feel like they are part of the community again, and I think that's just really important in a democracy," said Meredith McGhan, voter restoration advocate for the Progressive Leadership Alliance of Nevada. Tennessee: NAACP Offers Restoration Assistance NAACP Memphis Chapter is offering assistance to residents seeking voting rights restoration, ABC 24 reported. "I think in order to be a United States citizen, it's important to exercise the right to vote. I think it's critically important, and that's why we fight for individuals who have made mistakes and paid for them," said Van Turner, an attorney volunteering with the organization. Tennessee law stipulates that most individuals can vote after they've completed their sentence. Individuals convicted of murder, aggravated rape, treason, or voter fraud after July 1, 1986 are permanently banned from voting. For more information, call 901.521.1343. Virginia: Voting Rights Restoration Forum Planned Norfolk State University's Thurgood Marshall Pre-law Club of the Political Science Department is hosting a restoration of voting rights forum September 24 from 6 p.m. to 8 p.m. The convening will include assistance with voting rights applications. Virginia permanently disenfranchises individuals with felony offenses. For more information, call 713.582.1316 or visit www.missingvoter.org. - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information -- e-mail: [email protected], web: http://www.sentencingproject.org