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In a 2-1 decision last Friday, the Alberta Court of Appeals ruled that Calgary police violated Canadian privacy protections when they persuaded a utility company to attach a device to create a record of electricity usage in a home where they suspected marijuana was being grown. The case is Crown vs. Gomboc. Daniel James Gomboc was arrested and convicted of marijuana cultivation after Calgary police on another call noticed his home showed signs that a marijuana grow was taking place. After spotting suggestive evidence, Calgary police then went to the utility provider Enmax without a warrant and persuaded it to attach a digital recording amp-meter (DRA) to Gomboc's home. The meter monitored Gomboc's power usage for five days, and police used the results to obtain the search warrant that resulted in his arrest and subsequent conviction. Gomboc appealed his conviction, arguing that the warrantless use of the DRA violated his privacy rights under the Charter of Rights and Freedoms. The Alberta appeals court agreed, overturning his conviction and ordering a new trial. That new trial will take place without any of the evidence seized under the search warrant based on the DRA information. "It has been famously said that 'the state has no business in the bedrooms of the nation,'" wrote Justice Peter Martin. "The actual prohibition is much broader: in our society, absent exigent circumstances, the state has no business in the homes of the nation without invitation or judicial authorization." Martin added that the expectation of privacy extends beyond the simple information-gathering on the timing and amount of electricity used to the behavior of utility companies. "It is also objectively reasonable to expect that the utility would not be co-opted by the police to gather additional information of interest only to police," wrote Martin. "Indeed, I expect that the reasonable, informed citizen would be gravely concerned, and would object to the state being allowed to use a utility to spy on a homeowner in this way." The decision could be a precedent that will lead to more reversals, Gomboc's attorney, Charlie Stewart, told the Calgary Herald. "It's interesting to think of all the people who have pleaded guilty or been convicted under these circumstances," said Stewart. "It's a question of the legitimacy of the search."

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

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.

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.

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.