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Drug Testing Pregnant Women Produces False Positives (And Kills Babies)
Hospitals' initial urine- screening drug tests on pregnant women can produce a high rate of false positives - particularly for methamphetamine and opiates - because they are technically complex and interpretation of the results can be difficult, some experts say.
Tests for methamphetamine are wrong an average of 26 percent - and possibly up to 70 percent - of the time, according to studies by the University of Kansas Medical Center, U.S. Substance Abuse and Mental Health Services Administration and the American Association for Clinical Chemistry. [DailyNews]
Of course, drug policy and science cannot coexist harmoniously, thus babies are taken from mothers who test positive, even though the tests are constantly wrong. In one tragic case, a child died in foster care after being wrongly separated from her mother:
Growing up in Los Angeles County's foster care system, Elizabeth Espinoza is sure of one thing: A baby needs its mother.
Espinoza, who was separated from her own mother when she was young because of neglect, also had her newborn baby taken by the foster-care system when she tested positive for marijuana and cocaine at the hospital after giving birth.
Just three months later, the baby, Gerardo, died when his foster mother strapped him into a car seat, took him to a neighbor's home and left him in the car seat on a bed, according to a lawsuit filed against the county's Department of Children and Family Services seeking unspecified damages. [DailyNews]
I hope I'm not being generous, but I really think almost anyone would agree that this is just sickening and horrible. The press coverage will hopefully initiate progress towards cleaning up the procedures that contributed to this travesty. I will hold out hope that common sense can prevail over the mindlessness of taking children from their parents based on evidence that is proven to be wrong up to 70% of the time, particularly now that the alternatives we have available for those children have been demonstrated to be fatally inadequate.
But there is also a larger lesson here that must not escape our attention. Think for a moment about how many women have already been falsely accused under this wildly unjust policy. Think about the social consequences of tearing families apart based on deeply flawed science in a criminal justice system that strikes without hesitation but drags its heels when it comes to righting such ubiquitous wrongs. Ask yourself, also, how such a policy was ever implemented in the first place, doomed as it was to destroy innocent families so capriciously.
Once again, we are faced with a monumental travesty, grand in scope, yet remarkably simple in origin; we should protect unborn children from drug-using mothers. We've wreaked unimaginable and undue suffering upon innocent parents and children in pursuit of the noblest of ideals. That, unfortunately, is the story of most aspects of our drug policy when they receive appropriate scrutiny. The totality of such repeated travesties forms a terrifying mosaic, the true, yet largely untold story of how our drug policies destroy innocent lives each and every day in ways we might never expect.
It is precisely because the idea to protect babies from drugs is such a no-brainer that a plan was drafted with no brains.
Drug Czar Furious Over New York Times Editorial
According to the White House, this country is scoring big wins in the war on drugs, especially against the cocaine cartels. Officials celebrate that cocaine seizures are up â leading to higher prices on American streets. Cocaine use by teenagers is down, and, officials say, workplace tests suggest adult use is falling.
John Walters, the White House drug czar, declared earlier this year that âcourageous and effectiveâ counternarcotics efforts in Colombia and Mexico âare disrupting the production and flow of cocaine.â
This enthusiasm rests on a very selective reading of the data. Another look suggests that despite the billions of dollars the United States has spent battling the cartels, it has hardly made a dent in the cocaine trade.
The Drug Czar's blog fired back with a predictably off-target, but uncharacteristically hostile response:
Today's New York Times has published an editorial that willfully cherry picks data in order to conform to their tired, 1970's editorial viewpoint that we're "losing the war on drugs."Despite our numerous efforts to provide the Times with the facts, their editorial staff has chosen to ignore irrefutable data regarding the progress that has been made in making our nation's drug problem smaller.
 And yet, as anyone can see, the NYT piece clearly acknowledges this so-called "irrefutable data." They list the Drug Czar's favorite talking points right in the first paragraph. But then they do something he wasn't prepared for: they say it doesn't matter. The salient point of the whole editorial is that "the drug cartels are not running for cover." In short, for all the Drug Czar's proud proclamations of progress, the drug trade surges on unabated.
It's really just embarrassing that the Drug Czar's only response is to repeat the very points already acknowledged and overcome by NYT. His whole argument is that rates of drug abuse are lower than they were at their highest point in history. That's true, but it's not surprising, not impressive, and not even remotely a result of the Drug Czar's poisonous public policies. With the rage of a shamed tyrant, Walters claims a monopoly on "the facts," as though only the Drug Czar is qualified to interpret the success of his programs. It's like calling CarMax to ask them if they have the best deals on used cars.
Beyond all that, ponder the absurdity of the very notion that we must consult the Drug Czar and his overcooked statistics in order to know whether or not our drug policy is working really well. We can observe these things for ourselves. When we lead the world in incarceration, when we lead the world in drug use, when we drug test our own sewage, and deny organs to medical marijuana patients, and murder innocent people in their homes, and subsidize brutal civil wars in foreign nations, we have nothing to celebrate. All of these grand travesties fester before our eyes and are not mitigated, even to a microscopic extent, by the indignant self-congratulatory fulminations of the very people who visited this spectacular nightmare upon us.
In other words, when the pool is green, no one gives a crap if the lifeguard says the pH balance is normal.
Drug Czar site
Lunatic Easily Convinces Police He's a Federal Drug Agent
Busts began. Houses were ransacked. People, in handcuffs on their front lawns, named names. To some, like Mayor Otis Schulte, who considers the county around Gerald, population 1,171, âa meth capital of the United States,â the drug scourge seemed to be fading at last.
Those whose homes were searched, though, grumbled about a peculiar change in what they understood, from television mainly, to be the law.
They said the agent, a man some had come to know as âSergeant Bill,â boasted that he did not need search warrants to enter their homes because he worked for the federal government.
â¦
Sergeant Bill, it turned out, was no federal agent, but Bill A. Jakob, an unemployed former trucking company owner, a former security guard, a former wedding-performing minister, a former small-town cop from 23 miles down the road. [New York Times]
The whole thing provides yet another exhibit in the colossal incompetence that has become so routine and predictable in the war on drugs. If some nutjob showed up at the fire department with a badge and an axe, they'd tell him to hit the road. They wouldn't follow him in and out of burning buildings.
It is precisely because of the massive multi-tiered drug war bureaucracy that his psychotic scheme seemed somehow plausible to everyone. Drug enforcement is the one occupation so lacking in accountability, so consumed by macho tough-guy posturing, that some maniac can just walk through the door and fit right in. It's a match made in hell.
And it wasn't even the cops who figured out he was an imposter. It was a reporter, months into this mindboggling hoax. Even when he recklessly and routinely violated suspects' constitutional rights, the police who followed him around never thought anything of it. That's how easy it is. His flagrantly illegal and incompetent behavior actually made them think he was real.
That this even happened is a potent testament to the fact that drug enforcement in America is thoroughly rotten and diseased to its core. If you see vultures circling around something, you know it is not healthy.
Mexico's Drug War is Killing Innocent People
The soldiers had apparently panicked at the speeding Hummer and attacked it from two sides, killing both the civilians and their own troops in the cross fire.
"These soldiers are idiots. What protection do they give us?" Maldonado asked, staring at the dirt road where the killings had taken place. "They should get out of our communities and back to their barracks."
The debacle in Santiago in Sinaloa state, a stronghold of drug traffickers, is one of a series of blunders by Mexican soldiers waging a bloody campaign against narcotics cartels â a crackdown that the U.S. Congress is looking at supporting with up to $1.6 billion. Since President Felipe Calderon took office in December 2006 and sent out 25,000 troops to take on the mafias, soldiers have killed at least 13 unarmed civilians. In the latest incident this month, soldiers shot dead two men speeding through a checkpoint in Chihuahua state along with another motorist who was unfortunate enough to be driving behind them. The public was also shocked when troops shot dead two women and three children traveling to a funeral in Sinaloa in 2007. [Time]
Amazingly, Drug Czar John Walters boasted yesterday that Mexico's drug war will "protect human rights," even though he personally opposed requiring Mexican authorities to uphold human rights standards.
As frustrating as it is to consider that we're subsidizing the killing of innocent people across Mexico, let's not forget that it's happening here, too.
Press Release: Vermont Hemp Farming Bill Becomes Law
Press Release: Advocates Hail One-Year Anniversary of New Mexico's Medical Marijuana Law; Program Has Made Progress but Still Has Further to Go
Press Release: UNODC Rewrites History in New World Drug Report to Hide Failure
4:20 Drug War Update 06/30/08
LEAP on the Hill: Stories from Week of June 27, 2008
We Support NYPD's Plan to Use Written Consent Forms
The New York City Police Department wants suspects to sign a consent form before searching their homes or cars, a move that eliminates the need for a warrant and is meant to provide police a layer of legal protection, Newsday has learned.
The initiative was put in place because consent searches are often challenged at trial - and jurors too often believe the suspect's claim that police never got permission to conduct the search, police sources said.
At the same time, sources said, there has been concern within the NYPD about a handful of cases in which an officer's truthfulness was recently called into question. [Newsday]
Written consent policies are a win-win situation for police and the public. When consent is given in writing, police have an easier time demonstrating in court that consent was given voluntarily. Since evidence seized during a consent search is almost always legally admissible, defendants challenging such evidence must argue that consent was given involuntarily or not at all. As a result, police spend a considerable amount of time in court defending the manner in which consent was obtained. A written form goes a long way towards resolving such conflicts.
For the citizen, written consent provides a quick reminder that permitting searches is optional, while simultaneously creating an added layer of protection in disputes over whether consent was given voluntarily. The form will go a long way towards resolving widespread concerns about police erroneously claiming to have received consent before conducting a search.
Finally, there's an additional important point illustrated here. As Newsday reports, "jurors too often believe the suspect's claim that police never got permission to conduct the search, police sources said." For anyone questioning the viability of refusing consent during a police encounter, this should go a long way towards explaining how asserting 4th Amendment rights can help citizens achieve a more desirable outcome. It serves as a helpful reminder that, even if police violate your rights and search despite your refusal, any evidence they discover can be effectively challenged in court. Obviously, this is a frequent occurrence if NYPD cites such outcomes as a reason for moving towards a written consent policy.
Given the significance of the citizen's decision whether or not to permit police to look through his/her belongings, a written form is just the obvious, common sense approach to establishing whether consent was given.
Update: Pete Guither at DrugWarRant has a good post discussing the NYPD policy and explaining why it is never in the citizen's interest to consent to a police search.
Chapare Coca Growers Cut Ties with USAID
Pain Relief Network Sues State of WA
As always, we ask that you help PRN fight to protect the rights of patients and the doctors who treat them. Please click the link below.
Pain Treatment Advocacy Group Sues State of WA
Jun 25, 2008
By: Donna Gordon Blankinship
The Associated Press SEATTLE - A pain treatment advocacy group filed suit Wednesday in federal court to challenge the restrictions Washington state officials have put on prescription pain medication.
The nonprofit Pain Relief Network says the guidelines for prescribing narcotics, written by the Washington state Department of Health and published in March 2007, have influenced pain treatment across the country and have made doctors afraid to give opiate prescriptions[...]
Complaint for Declaratory and Injunctive Relief, Damages a class action lawsuit by Laura Cooper (lead attorney) et al., Filed: 2008-06-24
Exhibit 1: The WA state Opioid Dosing "Guidelines" by Agency Medical Directors Group (AMDG); Mar. 2007; Filed 2008-06-24
Exhibit 2: Findings of Fact Laura Cooper, Esq.; Filed 2008-06-24 www.painreliefnetwork.org
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