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Weekly: Blogging @ the Speakeasy

"Increased Marijuana Potency is an Argument for Legalization, Not Against It," "Wall Street Journal Thinks Americans Still Love the Drug War," "New Drug Czar Says 'War on Drugs' Mentality is Over," "CNBC Attacks Schwarzenegger for Endorsing Marijuana Legalization Debate," "DEA Agent Indicted for Framing 17 Innocent People," "Who Put Stephen Baldwin in Charge of Opposing Marijuana Legalization?," "Former Mexican President Calls for Drug Legalization Debate," "Obama Claims to Support Needle Exchange, While Telling Congress to Ban It," "The States Don't Need Federal Permission to Legalize Marijuana," "How Much Money is Marijuana Legalization Worth?"
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Warning: No One Is Safe from SWAT Raids

Our new video draws attention to the overuse of SWAT teams. The accompanying petition calls for their use to be limited to emergency or especially high-intensity situations only.
Blog

Increased Marijuana Potency is an Argument for Legalization, Not Against it

Here we go again:

The average potency of marijuana, which has risen steadily for three decades, has exceeded 10 percent for the first time, the U.S. government will report on Thursday.
…
The stronger marijuana is of particular concern because high concentrations of THC have the opposite effect of low concentrations, officials say. [CNN]

Who the f#$k said that? My god, is it really necessary to explain that stronger marijuana has the exact same effect, except more of it? This is basic, basic stuff here. The argument that good pot makes people feels unpleasant is just a non-starter, and I couldn’t be less surprised not to find a name attached to it.

Marijuana has gotten stronger under marijuana prohibition, just like alcohol got stronger during alcohol prohibition. Suppliers are incentivized to maximize the potency of their product to achieve the highest profit while reducing risk. Harsh laws also encourage consumers to obtain the strongest product since penalties are determined by weight, not potency.

In a regulated market, there would be high demand for lower potency marijuana, just as light beer and light cigarettes are extremely popular. A flavorful strain with mild effects and a low price could become a big seller, but nobody in their right mind would ever try to grow something like that right now. Why risk jail over a crop that's half as profitable? Prohibition is shaping the marijuana market, yet drug warriors ironically turn around and cite potent pot as an argument for keeping the policy that made things the way they are.

There's really nothing bad about higher potency pot, since it's completely non-toxic and easy to consume in controlled doses, but to whatever extent anyone is concerned about it, the obvious solution is regulation. Test it. Label it. Put age restrictions on it. Then watch in amazement as marijuana users become even healthier and happier than they already are.
Blog

Wall Street Journal Thinks Americans Still Love the Drug War

Yesterday's Wall Street Journal interview with new drug czar Gil Kerlikowske is generating discussion due to Kerlikowske's statement that we must move beyond the "war on drugs" analogy. But Gary Fields's piece also included a dubious assumption that shouldn’t escape notice:

Mr. Kerlikowske's comments are a signal that the Obama administration is set to follow a more moderate -- and likely more controversial -- stance on the nation's drug problems. Prior administrations talked about pushing treatment and reducing demand while continuing to focus primarily on a tough criminal-justice approach.

This is controversial? There is no evidence of that. In fact, everywhere you look, you'll see a changing political climate with regards to drug policy:

1. Obama made repeated statements in favor of various drug policy reforms on the campaign trail, including support for medical marijuana, treatment over incarceration, needle exchange, and fixing the crack/cocaine sentencing disparity. In a hard-fought campaign, these were among his least controversial positions.

2. Support for legalizing marijuana is surging in America, currently polling as high as 52%. Since taking office, Obama's biggest controversy with regards to drug policy was his statement in opposition to legalizing marijuana.

3. A recent Zogby poll found that 76% of Americans believe the war on drugs has failed. This view was held by a majority of Democrats, Republicans, and independents.

The idea that there's anything controversial about moving towards a more moderate drug policy is just false on its face. The opposite is true. Americans are tired of the "tough criminal justice approach" and they elected a president who said he'd bring a new perspective to this issue.

If anything, it would have made more sense to say these policy shifts will most likely make our drug policy less controversial. Certainly, that's what Kerlikowske expects by making these conciliatory remarks. He's pandering to the growing public sentiment that the drug war is getting out of hand. Seriously, why on earth would anyone expect controversy over this? To the contrary, people find it reassuring, which is exactly why the White House is framing it this way. I thought that was obvious.

Thus, with this one seemingly harmless quip, "likely more controversial," the WSJ ends up missing the entire point of the story and utterly misdiagnosing what Kerlikowske represents. Public attitudes about the war on drugs are changing, thereby forcing our political leadership to begin implementing certain popular reforms while generally reframing the entire issue.

Any questions?
In The Trenches

International Drug Policy Consortium Alert -- May 2009

IDPC Alert - May 2009

Welcome to the May 2009 IDPC Alert.  This Alert contains news items, updates on the latest publications and upcoming events.  Please note that the IDPC website address and email addresses have changed.  The IDPC website address is now www.idpc.net - the content is being updated and we plan to re-launch the website in early June.  The new IDPC staff and associate emails are as follows:

Ann Fordham – [email protected]
Mike Trace – [email protected]
Dave Bewley-Taylor – [email protected]
Gabor Somogyi – [email protected]
Genevieve Horwood – [email protected]
Chris Hallam – [email protected]
Coletta Youngers – [email protected]
Grazia Zuffa – [email protected]

Although the old addresses will auto-forward for a limited period, please update your address books.
 

Recent publications

IDPC Concept Note: Effective Drug Law Enforcement

Many law enforcement managers and analysts have come to the conclusion that strong action against drug production, distribution and use cannot be successful in eradicating drug markets, and that new strategies and approaches are needed. Consistent with general IDPC drug policy principles, we argue in this paper that the focus of law enforcement action against illegal drug markets should move towards partnership work to reduce the health and social consequences, such as drug related crime or HIV/AIDS. The concept paper describes an IDPC project that aims to bring together law enforcement managers and strategists from around the world to refine ideas for effective use of law enforcement resources, and promote these strategies to the relevant authorities. Read the concept note. If you know of any senior law enforcement managers who are supportive of these principles, and who would be interested in engaging with the team currently working on this project, please put them in touch with Ann Fordham at [email protected].


The Swiss Four Pillars Policy: An evolution from local experimentation to federal law – a briefing paper by the Beckley Foundation’s Drug Policy Programme

Within the context of the November referendum, this briefing paper aims to relate lessons learned by the incremental implementation of the Four Pillar Policy in Switzerland.  Initially innovative and centred in ‘progressive’ urban areas, the 4-Pillar Policy spread little by little throughout the nation.  Considered politically radical at its inception, the principle of harm reduction gradually gained the support of the population as a whole.  Read the report.


The Incarceration of Drug Offenders: An Overview – a report by the Beckley Foundation’s Drug Policy Programme

This report published by the Beckley Foundation Drug Policy Programme in partnership with the International Centre for Prison Studies at Kings College London, revisits the topic of the incarceration of drug offenders. The report provides an overview of some of the available incarceration data from around the world and brings together much contemporary research on the topic. A great deal of the discussion concerns one of the most enthusiastic supporters of incarceration as a drug prevention measure, the United States.  It is suggested however, that the results of policy within the United States should be used as evidence to encourage other member states not to follow this route. Read the report.


Compulsory Drug Treatment in Thailand: Observations on the Narcotic Addict Rehabilitation Act B.E. 2545 (2002) – a report by the Canadian HIV/AIDS Legal Network

This paper has two main objectives. The first objective is to provide a general overview of Thailand’s Narcotic Addict Rehabilitation Act, B.E. 2545 (2002) (“the Act”) and the system of diversion into compulsory drug treatment that the Act has established. The second objective of this paper is to offer some preliminary observations on the implementation of the Act on its own terms — i.e., that people who are dependent on drugs should be “treated as patients and not criminals.” One of the central findings of this paper is that this approach is undermined by a number of different ways the Act has been implemented.  Read the report.

In The Trenches

The Sentencing Project: Disenfranchisement News 5/14/09

Washington State: Voting Equals Productive, Law-abiding Citizens Samuel Merrill, the legislative chair for the Friends Committee on Washington Public Policy, published an op-ed column in the News Tribune applauding Gov. Chris Gregoire's recent move to eliminate what was referred to as a "poll tax" for voters with felony offenses. Applauding the legislators who backed the bill, he stated "the right to vote is an essential step in encouraging those returning from prison to feel that they, too, have a stake in our society and a chance to become productive, stable and law-abiding citizens." The law takes affect July 26. Pennsylvania: Inmates to Receive Notification of Voting Rights, Materials A state House committee passed a bill that would require Pennsylvania prisons to provide soon-to-be released inmates with voter-registration materials. "Doing so would benefit the inmates and society," stated a Daily Review editorial. "State lawmakers should pass the bill and Gov. Ed Rendell should sign it as a means to help those who have broken the law to embrace better citizenship, and to help their communities in the process." - - - - - - 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
In The Trenches

Drug Sense FOCUS ALERT: #403 White House Czar Calls for End to 'War on Drugs'

Readers of The Wall Street Journal today will find a headline and article which would have seemed unlikely last year even after the election. The Wall Street Journal competes with USA today for the top U.S. circulation spot with a circulation of over two million copies. The newspaper reaches an audience which is more influential. Articles and opinion items which question the war on drugs appear to be increasing as may be seen at http://www.mapinc.org/source/Wall+Street+Journal News items about our new drug czar are found at http://www.mapinc.org/people/Kerlikowske Both are worthy targets for your letters to the editor. ********************************************************************** Page: A3 Copyright: 2009 Dow Jones & Company, Inc. Contact: [email protected] Author: Gary Fields WHITE HOUSE CZAR CALLS FOR END TO 'WAR ON DRUGS' Kerlikowske Says Analogy Is Counterproductive; Shift Aligns With Administration Preference for Treatment Over Incarceration WASHINGTON -- The Obama administration's new drug czar says he wants to banish the idea that the U.S. is fighting "a war on drugs," a move that would underscore a shift favoring treatment over incarceration in trying to reduce illicit drug use. In his first interview since being confirmed to head the White House Office of National Drug Control Policy, Gil Kerlikowske said Wednesday the bellicose analogy was a barrier to dealing with the nation's drug issues. "Regardless of how you try to explain to people it's a 'war on drugs' or a 'war on a product,' people see a war as a war on them," he said. "We're not at war with people in this country." Mr. Kerlikowske's comments are a signal that the Obama administration is set to follow a more moderate -- and likely more controversial -- stance on the nation's drug problems. Prior administrations talked about pushing treatment and reducing demand while continuing to focus primarily on a tough criminal-justice approach. The Obama administration is likely to deal with drugs as a matter of public health rather than criminal justice alone, with treatment's role growing relative to incarceration, Mr. Kerlikowske said. Already, the administration has called for an end to the disparity in how crimes involving crack cocaine and powder cocaine are dealt with. Critics of the law say it unfairly targeted African-American communities, where crack is more prevalent. The administration also said federal authorities would no longer raid medical-marijuana dispensaries in the 13 states where voters have made medical marijuana legal. Agents had previously done so under federal law, which doesn't provide for any exceptions to its marijuana prohibition. During the presidential campaign, President Barack Obama also talked about ending the federal ban on funding for needle-exchange programs, which are used to stem the spread of HIV among intravenous-drug users. The drug czar doesn't have the power to enforce any of these changes himself, but Mr. Kerlikowske plans to work with Congress and other agencies to alter current policies. He said he hasn't yet focused on U.S. policy toward fighting drug-related crime in other countries. Mr. Kerlikowske was most recently the police chief in Seattle, a city known for experimenting with drug programs. In 2003, voters there passed an initiative making the enforcement of simple marijuana violations a low priority. The city has long had a needle-exchange program and hosts Hempfest, which draws tens of thousands of hemp and marijuana advocates. Seattle currently is considering setting up a project that would divert drug defendants to treatment programs. Mr. Kerlikowske said he opposed the city's 2003 initiative on police priorities. His officers, however, say drug enforcement -- especially for pot crimes -- took a back seat, according to Sgt. Richard O'Neill, president of the Seattle Police Officers Guild. One result was an open-air drug market in the downtown business district, Mr. O'Neill said. "The average rank-and-file officer is saying, 'He can't control two blocks of Seattle, how is he going to control the nation?' " Mr. O'Neill said. Sen. Tom Coburn, the lone senator to vote against Mr. Kerlikowske, was concerned about the permissive attitude toward marijuana enforcement, a spokesman for the conservative Oklahoma Republican said. [drug war] Others said they are pleased by the way Seattle police balanced the available options. "I think he believes there is a place for using the criminal sanctions to address the drug-abuse problem, but he's more open to giving a hard look to solutions that look at the demand side of the equation," said Alison Holcomb, drug-policy director with the Washington state American Civil Liberties Union. Mr. Kerlikowske said the issue was one of limited police resources, adding that he doesn't support efforts to legalize drugs. He also said he supports needle-exchange programs, calling them "part of a complete public-health model for dealing with addiction." Mr. Kerlikowske's career began in St. Petersburg, Fla. He recalled one incident as a Florida undercover officer during the 1970s that spurred his thinking that arrests alone wouldn't fix matters. "While we were sitting there, the guy we're buying from is smoking pot and his toddler comes over and he blows smoke in the toddler's face," Mr. Kerlikowske said. "You go home at night, and you think of your own kids and your own family and you realize" the depth of the problem. Since then, he has run four police departments, as well as the Justice Department's Office of Community Policing during the Clinton administration. Ethan Nadelmann of the Drug Policy Alliance, a group that supports legalization of medical marijuana, said he is "cautiously optimistic" about Mr. Kerlikowske. "The analogy we have is this is like turning around an ocean liner," he said. "What's important is the damn thing is beginning to turn." James Pasco, executive director of the Fraternal Order of Police, the nation's largest law-enforcement labor organization, said that while he holds Mr. Kerlikowske in high regard, police officers are wary. "While I don't necessarily disagree with Gil's focus on treatment and demand reduction, I don't want to see it at the expense of law enforcement. People need to understand that when they violate the law there are consequences." ********************************************************************** PLEASE SEND US A COPY OF YOUR LETTER Please post copies of your letters to the sent letter list ([email protected]) if you are subscribed. Subscribing to the Sent LTE list will help you to review other sent LTEs and perhaps come up with new ideas or approaches. To subscribe to the Sent LTE mailing list see http://www.mapinc.org/lists/index.htm#form Suggestions for writing LTEs are at our Media Activism Center http://www.mapinc.org/resource/#guides ********************************************************************** Prepared by: Richard Lake, Senior Editor www.mapinc.org === . DrugSense provides many services at no charge, but they are not free to produce. Your contributions make DrugSense and its Media Awareness Project (MAP) happen. Please donate today. Our secure Web server at http://www.drugsense.org/donate.htm accepts credit cards and Paypal. Or, mail your check or money order to: DrugSense 14252 Culver Drive #328 Irvine, CA 92604-0326. (800) 266 5759
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New Drug Czar Says "War on Drugs" Mentality is Over

In his first interview since taking office, newly appointed drug czar Gil Kerlikowske had some very interesting things to say:

WASHINGTON -- The Obama administration's new drug czar says he wants to banish the idea that the U.S. is fighting "a war on drugs," a move that would underscore a shift favoring treatment over incarceration in trying to reduce illicit drug use.

In his first interview since being confirmed to head the White House Office of National Drug Control Policy, Gil Kerlikowske said Wednesday the bellicose analogy was a barrier to dealing with the nation's drug issues.

"Regardless of how you try to explain to people it's a 'war on drugs' or a 'war on a product,' people see a war as a war on them," he said. "We're not at war with people in this country." [WSJ]

Coulda fooled me. It's plainly ridiculous to suggest that we're not waging war as we arrest nearly a million Americans every year just for marijuana, as we kill innocent people and even harmless dogs in an endless parade of botched drug raids, and continue promising new crackdowns on American drug users.

Still, it's certainly encouraging to see that Kerlikowske is determined to separate himself from his predecessors. This is a bold and remarkable statement no matter how one interprets it. Any effort to pander to growing drug war opposition is encouraging, even if disingenuous. On that note, I think Ethan makes a good point:

Ethan Nadelmann of the Drug Policy Alliance, a group that supports legalization of medical marijuana, said he is "cautiously optimistic" about Mr. Kerlikowske. "The analogy we have is this is like turning around an ocean liner," he said. "What's important is the damn thing is beginning to turn."

Stay tuned.
Blog

CNBC Attacks Schwarzenegger For Endorsing Marijuana Legalization Debate


Watch CNBC's Larry Kudlow go ballistic over Gov. Schwarzenegger's recent statement in favor of debating marijuana legalization:



Here's what Schwarzenegger actually said:
"Well, I think it's not time for that, but I think it's time for a debate. I think all of those ideas of creating extra revenues [are worth considering] … I think we ought to study very carefully what other countries are doing that have legalised marijuana and other drugs. What effect did it have on those countries?"
And here's what Kudlow heard:
"I mean he basically wants to get everybody stoned and then raise taxes"
Did you even read the damn quote, Larry? It's just incredible to watch the childish hissy fits that erupt over something as sensible as suggesting we talk about marijuana laws. Anyone who doesn't want to discuss marijuana policy doesn’t have to, but if you don't think it's important, please do the rest of us a favor and just be quiet.

Blog

DEA Agent Indicted for Framing 17 Innocent People

Over and over, the very foundations of the war on drugs are revealed to be utterly fraudulent and corrupt. These laws are harmful enough when they're enforced honestly, but moments like this really illustrate what a colossal fraud this whole thing truly is:

CLEVELAND — An agent of the U.S. Drug Enforcement Administration was indicted today on charges that he lied repeatedly in a botched 2005 drug case that caused 17 people to be wrongly charged.

Lee Lucas, a 19-year veteran, was charged in U.S. District Court in Cleveland with perjury, making false statements, obstruction of justice and violating a person's civil rights involving a case that resulted in 26 arrests in Mansfield. [Cleveland Plain Dealer]

As one might expect, all of this revolves around a lying informant who played everyone in a desperate attempt to save his own hide. Officer Lucas is accused of failing to provide proper supervision and repeatedly lying to cover up the mess.

Of course, Lucas's fellow officers have eagerly come to his defense, because there scarcely exists any form of police misconduct so shocking to the conscience as to disqualify from being treated as a martyr by their colleagues. This comment, posted on the Plain Dealer story, perfectly reveals the mentality that police aren't responsible for mistakes in the war on drugs

Lee Lucas is being a scapegoat for a convicted drug criminal named Jarrell Bray. Jerrel Bray turned on Lee because Lee would not engage in getting Jerrel off the hook for a shooting Jerrel committed.
…
Jerrel is afraid to return to prison as a snitch. Can you blame him? He is a weasel who is trying to save his skin on the inside.

How do you think a snitch like Jerrel would function in the big House?

Is Jerrell Bray the person you want to trust?

No, he's not, and that's exactly the problem. This shady informant's dubious allegations should never have formed the basis for criminal charges against anyone. It was Lucas and the DEA who trusted this guy and used him to serve their agenda, not anyone else. Everything these informants say is treated as gospel when it comes to getting search warrants and scoring convictions, but the second the informant turns on the cops, all you hear is that informants can never be trusted. No kidding.

If you rely on untrustworthy people to help you make drug arrests, then your drug arrests can't be trusted. It's just that simple. And if you can't (as drug cops often claim) do basic drug enforcement without relying on these people, then it follows that solid and reliable drug enforcement is truly impossible.

It's amazing to watch a disgraced drug cop comes forward and try to defend himself with no better argument than the fact that his whole job revolves around working with notorious liars to put people in jail who may or may not have done anything wrong. It sounds like Lucas stepped way out of line here, but the real fault lies with the way our drug laws are enforced in general. Can you even imagine how often this process produces gratuitous injustices without anyone but the innocent defendant paying the price?
In The Trenches

LEAP's Dispatches from the Front Line...May 2009

May 2009 Dear Friends, We would like to offer a special welcome to all the people who have joined Law Enforcement Against Prohibition in the last thirty days. Nearly 600 supporters took action and are now proudly sporting a LEAP badge lapel pin; we salute you for standing up and being counted in the discussion. Hundreds of new friends are joining us each week as more people realize the value of standing shoulder-to-shoulder with criminal justice professionals calling for an end to the war on drugs. LEAP is turning seven this year and many of you have supported us from the beginning. To you, we say a heartfelt "thanks." We could not have done it without you and, with your continued support, the best is yet to come. Here are just a few of the issues our speakers addressed in April. We hope you'll share "Dispatches from the Front Line…" with a friend. LEAP Staff ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Open Letter to the New "Drug Czar" From Another Top Cop: End the Drug War Dear Gil: Congratulations on your confirmation as director of the Office of National Drug Control Policy. Bit of an irony, isn't it? Two Seattle police chiefs on opposite sides of the drug war? As "drug czar" (please retire that ill-begotten label), you are responsible for advising the president and vice president on drug control programs, and for coordinating drug policies among all federal agencies. I, on the other hand, as a member of Law Enforcement Against Prohibition, am devoted to ending the drug war, along with the prohibition model on which it's based. But how far apart are we, really? ~~~~~~~~~~~~~~~~~~~~~~ Retired Federal Agent Says Punish Cartels with Legalization LEAP Director Terry Nelson has been on the border of Texas and Mexico before. As a U.S. Border Patrol Agent, he has firsthand experience with what it takes to break the backs of violent drug organizations. ~~~~~~~~~~~~~~~~~~~~~~ Officer Supports Medical Marijuana Use "As one of two active law enforcement officers to testify in favor of medical marijuana at the recent New Hampshire Senate hearing on HB 648, it became clear to me that many do not fully understand the implications of opposing this bill. "Simply put, supporting the continued ban of medical marijuana use means subjecting seriously ill or handicapped individuals to arrest and prosecution. HB 648 would allow a narrow class of sick and handicapped individuals to use marijuana with their doctor's permission." Editor's note: Shortly after Bradley's op-ed was published, this bill passed the House, making New Hampshire very close to becoming the 14th state to stop arresting patients for medical marijuana use with a doctor's permission. ~~~~~~~~~~~~~~~~~~~~~~~~ Reason.tv Features Segment On LEAP Reason.tv's Nick Gillespie caught up with retired Chief of Police Jerry Cameron. Cameron is a graduate of the 150th Session of the FBI National Academy, the DEA Basic Drug Enforcement Course, two DEA Advanced Drug Enforcement Professional Institutes and is a passionate advocate for LEAP. ~~~~~~~~~~~~~~~~~~~~~~~~ Ready to do more? Want to help LEAP while having fun? Join the LEAP Rapid Response Team to help shape the conversation around the world. It is easy, quick and can be done from home. Learn More Open Letter to the President Regarding Mexico Dear Mr. President - The White House telephone line (202) 456-1111 is busy and you are en route to Mexico anyway, so I write this letter. You're doing a great job - closing Guantanamo, no more torture, an economic stimulus bill, rebuilding American stature and leadership around the world, the loosing of travel and financial restrictions affecting Cubans and their families, a deadline to exit Iraq, stem cells for the living, etc. - but, oh my, the drug war. Please save us from the drug war. Overwhelmingly, Americans recognize the drug war for the abysmal failure that it is and will forever be. But please - don't expand it, don't support it, don't defend it. End it. The drug war has two principal shortcomings. First, it doesn't work. Second, it worsens nearly all other serious American (and world) problems. Read Jim Gierach's blog for more. ~~~~~~~~~~~~~~~~~~~~~~~~~ Howard on the Hill WashingtonPost.com's Sleuth followed our DC Education Specialist, Howard Wooldridge, around the halls of Congress for this April 24 video. Since Howard went to Washington in 2005, he has been asking for a blue ribbon commission to look at the impact of the war on drugs. Editor's note: As Howard and LEAP have been asking for, U.S. Senator Jim Webb (D-VA) recently introduced a bill, S. 714, to create a blue ribbon commission examine America's failed criminal justice and drug policies. The bill has bi-partisan support and is expected to have a House companion later this year. Please contact your legislators about supporting Senator Webb's bill. ~~~~~~~~~~~~~~~~~~~~~~~~ All of this work happens because of generous donations from our supporters. Your gift to LEAP is tax-deductible. Donate now to show your commitment to ending the war on drugs: LEAP 121 Mystic Ave. Suites 8&9 Medford, MA 01255 (781) 393-6985, [email protected] Law Enforcement Against Prohibition is an ever-expanding group of criminal justice professionals and civilian supporters calling for an end to the war on drugs. Trained criminal justice professionals are available to speak to your club or association about their experiences in the drug war and the need to create drug policies that stand the test of reason. Invite a speaker to your town today.