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In The Trenches

ACLU Statement to the United Nations: Adopting a Human Rights-Based Global Drug Policy

[Courtesy of ACLU] A decade ago the United Nations (U.N.) issued a declaration outlining its 10-year global strategy to “eliminate or significantly reduce” all illicit coca, marijuana, and opium plants from the earth under the motto, “A drug free world – we can do it!” This week, the U.N. Office on Drugs and Crime (UNODC) will measure progress in this global “war on drugs” at a meeting in Vienna, Austria. The American Civil Liberties Union will join a diverse coalition of civil and human rights organizations participating in the “Beyond 2008 Forum,” an unprecedented opportunity to review the past decade of international drug policy and to shape its future course. The U.N. convened this forum to provide the non-governmental organization community the opportunity to contribute to the development of future policy, practice, and strategy. For the first time, the international drug strategy will be informed by outside voices – a sensible approach that is commonplace for other issues, but has long been taboo on issues of drug policy. The ACLU seeks an end to punitive drug policies that cause widespread constitutional and human rights violations, as well as unprecedented levels of incarceration. U.S. government insistence on incarceration as a catch-all solution to the misuse of illicit drugs has failed to reduce drug-related harm both at home and abroad, while defying the basic tenets of the U.N.’s Charter and Universal Declaration of Human Rights. The global experience of the past 10 years demonstrates that current drug policies have exacerbated – not abated – violence, health epidemics, and civil and human rights violations: * The U.N.’s 2008 World Drug Report announced that illicit coca and opium production are at an all time high. * A 2008 World Health Organization study found that America has higher rates of both cocaine and marijuana use than countries with less punitive drug laws. * The U.S. imprisons 10 times as many people for drug offenses as does the European Union, which has 200 million more inhabitants. * In the U.S., the world’s wealthiest nation, drug overdose rates have tripled since 1990, and drug treatment remains unavailable to over 20 million people in need. * The Centers for Disease Control estimates that in the U.S. injection drug use accounts for 60% of all new cases of hepatitis C, and approximately one-fourth of all new HIV/AIDS cases. * Worldwide, drugs remain the largest source of income for organized crime, and drug-related violence is visibly spiraling out of control in Mexico, Afghanistan, West Africa, and elsewhere. The time has come for the U.S. and the international community to come to terms with the clear limitations of a drug policy principally devoted to supply-side enforcement and incarceration. Some members of the international community have long acknowledged the failure of U.S.-style drug prohibition as a model for global drug policy and have turned toward health-based approaches more in line with the U.N.’s health and human rights mandates. Beyond decriminalizing some adult drug use, several nations like Canada and the Netherlands have begun to experiment with a range of promising harm reduction approaches, such as providing people with drug addictions clean needles and counseling rather than imposing lengthy prison sentences. Such policies recognize that a drug free world is presently beyond reach and focus on minimizing the dangers faced by at risk individuals and society at large. This approach has proven both effective and better aligned with international human rights and public safety mandates. Even within the U.S., support for the global “war on drugs” is waning. The foundational American values of liberty, privacy and limited government power have been severely undermined by drug war tactics. One in 100 adults in the U.S. are behind bars, largely due to drug laws, giving the U.S. the dubious distinction as the world’s leading jailer. With drug use, production and availability remaining steady, the American public is waking up to the reality that over-reliance on enforcement and incarceration is neither good for public safety nor economically sustainable. National public opinion polls bear this out, finding a sizable majority of Americans favor treatment over incarceration for nonviolent drug offenders. With this week’s meeting, the U.N. has the opportunity to move away from the counterproductive policies that have dominated U.S. and, in turn, international drug policy for the past decade. U.N. drug policy has been left to operate in a lonely silo, apparently exempt from the tenets of transparency and accountability that guide other U.N. policy-making bodies. Sadly, where the international drug control regime has conflicted with human rights, systematic discrimination, abusive law enforcement practices, mass incarceration and easily avoidable health epidemics have prevailed. The U.N., and specifically the Commission on Narcotic Drugs (CND), have the power to take a step in the right direction by adopting resolutions acknowledging the Universal Declaration on Human Rights’ centrality to all of the U.N.’s work, and mandating that the U.N.’s drug control bodies adopt a human rights-based approach in accordance with U.N. human rights law. For this step to be effective, however, member states must also make specific resolutions mandating that U.N. drug control policy be conducted in accordance with human rights law. Directives from the U.N. General Assembly to conduct drug control efforts in compliance with human rights norms have been ignored in the past. The CND – the U.N.’s inter-state body that directs international drug policy – has never adopted a resolution with any operational human rights obligations. Meanwhile, the International Narcotics Control Board (INCB), the monitoring body for the U.N. drug control conventions, has openly stated that it will not address human rights. Application of international human rights laws can address many of the flaws and inequalities of the current drug control system. As mandated in the U.N.’s Charter, the Universal Declaration of Human Rights and several other treaties, human rights standards hold a greater position of legal authority than drug control treaties. For the U.N.’s drug control system to be consistent with the requirements of its own Charter, human rights must be the starting point, not an after-thought. A human rights-based approach to global drug policy would principally (1) prioritize prevention and treatment of negative health consequences of drug misuse over criminal justice responses and supply-side reduction measures, and (2) require that U.N. bodies measure effectiveness by assessing indicators of drug-related harm, rather than relying solely on drug use and interdiction statistics. Drug-related “harm” includes overdose rates, disease transmission rates, negative drug enforcement consequences as well as individual and communal criminal justice system-related consequences. To succeed, U.N. drug policy bodies must work closely with the World Health Organization and UNAIDS, a joint program of the U.N., to adopt effective strategies for reducing the spread of HIV/AIDS and other diseases. The following specific policy proposals should be implemented in order to align U.N. drug policy with its health and human rights mandates: 1) Reform of the International Narcotics Control Board • Regular, independent evaluations of the INCB must be administered to guarantee accountability. • The INCB must clarify its position on harm reduction and human rights in relation to the U.N.’s overall goals. • The INCB must acknowledge the authority of less rigid interpretations of the drug control treaties. • The INCB must function more openly, and involve civil society in its operations. • The INCB must improve the availability of treatment for chemical dependence, and develop greater expertise on HIV, public health, and human rights. 2) Emphasis on Human Rights from the Committee on Narcotic Drugs • The CND should adopt a resolution acknowledging the Universal Declaration of Human Right’s relevance to all of its work. • Member states must make specific resolutions mandating the U.N. drug control policy be conducted in accordance with human rights law and with the aim of furthering human rights protections. • The CND should adopt a resolution that mandates that all drug control arms of the U.N. adopt a human rights-based approach to their work in accordance with the aims of the U.N. Charter and human rights treaties. 3) Focus on Drug Control-Related Human Rights Violations from U.N. Human Rights Bodies • The U.N. Human Rights Council and other human rights treaty bodies should emphasize in their work greater focus on human rights violations caused by drug control efforts. People and governments throughout the world are increasingly recognizing that the global “war on drugs” does more harm than good. The U.N. must acknowledge this reality and set a new direction in drug policy that respects and upholds the health and human rights of all people. In 1998, at the last U.N. General Assembly Special Session on Drugs then-ACLU executive director Ira Glasser joined former U.N. Chief Javier Perez de Cuellar of Peru, Nobel Laureate and ex-Costa Rican President Oscar Arias, former U.S. Secretary of State George Shultz, economist Milton Friedman, current Federal Reserve Chairman Ben Bernanke, and over 500 prominent academics, scientists, and political leaders, in a letter to then-U.N. Secretary General Kofi Annan stating: “We believe that the global war on drugs is now causing more harm than drug abuse itself. Every decade the United Nations adopts new international conventions, focused largely on criminalization and punishment, that restrict the ability of individual nations to devise effective solutions to local drug problems. Every year governments enact more punitive and costly drug control measures… Secretary General, we appeal to you to initiate a truly open and honest dialogue regarding the future of global drug control policies – one in which fear, prejudice and punitive prohibitions yield to common sense, science, public health and human rights.” Ten years later, following the pleas of diverse segments of civil society, that “open and honest dialogue” is finally beginning. But without the U.N.’s adoption of the preceding recommendations, common sense, public health and safety, and, above all, human rights will remain hostage to ineffective and counterproductive drug policies. Universal human rights and global safety from drug-related harm are not mutually exclusive. An honest examination by the U.N. of the past 10 years, informed by diverse voices, and, most importantly, by its own voice within its Charter and human rights mandates, can yield an evolved international strategy recognizing human freedom and dignity as the ultimate goals – not enemies – of global drug policy.
In The Trenches

4:20 Drug War News 07/07/08 + John Stossel on COL

Drug Truth Network Update: 4:20 Drug War NEWS from 90.1 FM in Houston and dozens of radio affiliates in the US and Canada & on the web at www.kpft.org. John Stossel, ABC NEWS: "Alcohol prohibition created Al Capone and the Mafia. Drug prohibition is worse. It's corrupting whole countries and financing terrorism." - John Stossel our guest on Tuesdays Century of Lies. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US and Canada. 4:20 Drug War NEWS 07/07/08 to 07/13/08 now online (3:00 ea:) Select online at www.drugtruth.net Sun - Op-Ed from Bruce Mirken of the Marijuana Policy Project Sat - Truth regarding Colombia hostage release Fri - "Outlaws" David Allen Coe & Billy Joe Shaver interviewed at Willie Nelson Fest at Sam Houston Racetrack Thu - LEAP Report from Terry Nelson 2/2 Wed - Oaksterdam Marijuana University Advertisement + DTN Editorial Tue - Terry Nelson of Law Enforcement Against Prohibition 1/2 Mon - Poppygate Report with Glenn Greenway Next - Century of Lies on Tues, Cutural Baggage on Wed (Now With Transcripts): - Cultural Baggage 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: Ryan King of Sentencing Project - Century of Lies 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: John Stossel of ABC NEWS Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org and at www.radio4all.net. 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 Dean Becker 713-849-6869 www.drugtruth.net
Event

Democrats for Safe Access Medical Cannabis Rally

Richard Eastman, along with Making Social Change, is planning a medical cannabis rally and march, under the name Democrats for Safe Access at the Democratic National Convention in Denver, Co. The required permits were applied for some time ago and were initially denied. However, after some persistence and assistance from the ACLU, the necessary permits were issued for a demonstration up to 10,000 people. We invite you to come and join us in asking the next presidential nominee of the Democratic Party for his support. We seek the support of a unified Party to require their candidate, if elected President, to stop federal criminalization of medical cannabis. We urge any and all groups who have an interest in this cause (i.e.: political watchdogs, patient advocates, voter's rights, associated industries, etc.) and individuals alike to provide whatever assistance they can through sponsoring and/or volunteering. Please contact Duke Smith, Event Chairman, at (818) 914-9560 to coordinate efforts. Democrats for Safe Access 4848 Lexington Ave., Suite 109, Hollywood, CA 90029 Tel: 323-474-4602, Fax: 323-882-6263
In The Trenches

Press Release: Groundbreaking founder says goodbye

FOR IMMEDIATE RELEASE: July 7, 2008 CONTACT: Rev. Harry Herbert, Executive Director, UnitingCare NSW & Tony Trimingham, founder of the Damien Trimingham Foundation. To organise an interview, please call Mardi Stewart on 0402 231 142. Groundbreaking founder says goodbye It's been a long and arduous journey for Dr Ingrid van Beek who as the medical director of Australia's first Medically Supervised Injecting Centre (MSIC) has put her heart and soul into this ground-breaking public health initiative over the past eight years. Today, in an historic announcement, Dr van Beek announces her resignation as its inaugural Medical Director. "It's been a great privilege to work in a field that I have such a strong commitment and passion for. My only disappointment is that the MSIC continues to operate on a trial basis," says Dr van Beek. The Kings Cross service received a four-year trial extension by the NSW Government in June last year, making it a ten and a half year scientific trial. "It's important the MSIC is judged on its health outcomes and it is now well-established the MSIC has been effective in reducing the various drug-related harms associated with street-based injecting to both individual drug users and the greater community," says Dr van Beek. The statistics speak for themselves: - 80 per cent of long term local Kings Cross residents and 68 percent of local business managers support the MSIC. - Over 10,000 injecting drug users have registered to use the MSIC to date. - More than 200 injecting episodes occur at MSIC every day i.e. in a clinical setting where in the event of a medical emergency eg overdose, specially trained registered nurses provide prompt and effective resuscitation. These injecting episodes would have otherwise occurred in unsupervised, often public and squalid circumstances in the local environs where timely help is in the lap of the gods. - 2,458 drug overdoses have been successfully treated onsite in the past seven years. - Ambulance callouts to heroin overdoses in the area have decreased by 80 percent thereby freeing Ambulance services to attend other medical emergencies in the area. - MSIC staff have referred drug users to other services including drug treatment and rehabilitation programs on more than 7,000 occasions to date. "One of the highlights of my time spent at the MSIC is seeing first hand staff helping drug dependent users who are often in desperate personal circumstances and leading socially isolated lives. I am humbled to know we have helped these people get their lives back on track." says Dr van Beek. "My one hope is that the MSIC's trial status is revisited prior to the next State election. The MSIC's apparently endless trial status is a barrier to its integration with the rest of the public health system affecting continuity of care, workforce development and staff morale, especially as the end of each trial period draws near. It also ensures that the service remains politicised; the work we do is too important to be subject to partisan politics," says Dr van Beek. Rev. Harry Herbert, Executive Director, UnitingCare NSW says without the insight, personal dedication, political acumen, tenacity and determination of Dr van Beek, the MSIC would not have succeeded as it has. "Ingrid made the dream a reality. She played an integral part in establishing the MSIC. She has been an inspiration to the staff, clients, businesses and community members associated with the MSIC." "Ingrid is congratulated and should be recognised and admired for her work in preventing and reducing drug-related harm and communicable diseases amongst one of society's most marginalised groups - injecting drug users," says Rev Herbert. Dr van Beek was recently inducted into the National Drug and Alcohol Awards Honour Roll for her tireless and significant contribution to the drug and alcohol field over many years. The Awards are a collaborative effort of the Ted Noffs Foundation, The Australian Drug Foundation, The Alcohol and Other Drugs Council of Australia and the Australian National Council on Drugs. Dr van Beek is returning to her original post as the full time Director of the Kirketon Road Centre in Kings Cross. Dr Marianne Jauncey, a public health physician, will take over as the Medical Director of the MSIC in the coming weeks. Dr Jauncey started her public health career working at the clinical coalface at the nearby Kirketon Road Centre, so she is well placed to take on this important role.
In The Trenches

LEAP on the Hill: Stories from the Week of July 4, 2008

Too hot to handle: Every first Wednesday of the month I have breakfast at the Leadership Institute which features prominent conservative speakers. Mass transit failed me & I arrived late to a packed room of 100. Nonetheless, the speaker, Grover Nordquist (author of Leave Us Alone) noted conservative thinker called on the ‘guy with the good looking hat.’ ‘Reference leave us alone, some 30 million people would like the government to leave them alone, the most famous of whom is Mr. Willie Nelson who smokes marijuana on his back porch. I am referring of course to people who use drugs other than alcohol, tobacco, Prozac and valium. Why do so many conservatives support the War on Drugs/Modern Prohibition which is a liberal policy? When will conservatives wake up and reject this nanny-state liberal policy of sending police into private homes to arrest otherwise law-abiding citizens?’ I asked. The speaker paused and replied something like, ‘That is a good question and reminds of the Gordian knot. Can we talk after the program?’ Me thinks the lad did not want to reduce his book sales by answering the question. We DID chat afterwards for 15 minutes. He has invited me to speak to his weekly, conservative round-table group. This guy has influence. This is a medium step on the road to ending modern prohibition. I am thrilled. PS: Two days later Karen & I attended the group’s 4th of July barbecue & picnic. We spent all afternoon answering the question, “Why do moms and cops want to legalize drugs?” Besides being my better half and wife, Karen has become an articulate member of the anti-prohibition movement. We need more Members of Congress (MOC) like this one: I was on the Hill every working day this week, taking advantage of the recess to pack in 25 visits & drop off current materials to 50 offices I had recently been to. One office was especially refreshing in the unique slogan that guides the office’s decisions. Congressman and Doctor Paul Broun uses these criteria to make decisions: Is it Moral/Right? Is it Constitutional? Is it necessary? Is it affordable? What a breath of fresh air! What a philosophy!
Event

Conextions Fundraiser

Please join us at our fundraising event featuring famous jazz artist Rick de la Ratta. You can contact us below to buy tickets now at a discounted price of $25.00 or $35.00 at the door.
Blog

PRN files State Tort Claim vs. WA State - July 2008

PRN files State Tort Claim vs. WA State

See also:
PRN Complaint for Declaratory and Injunctive Relief, and Damages - 2008
WA’s Interagency Guideline on Opioid Dosing for Non-Cancer Pain - 2007


SUMMARY:
Nature of Relief Sought This lawsuit is the result of grossly misinformed prejudices about opioid(1) pain medications held by high-level Washington public health officials. Those prejudices are identified in medical literature as opiophobia.(2) As a direct result of public health policies based on opiophobia, chronic pain patients in Washington are now unable reliably to secure necessary and appropriate treatment for their severe pain anywhere within the State of Washington. The dilemma of the chronic pain patients arises out of overreaching actions on behalf of senior public health officials, as well as that opiophobia - which has now permeated the entire Washington State health culture and also unlawfully influences medical licensing decisions.

 [Read the entire document in PDF format]

 

Event

'THE BALLAD' of Esequiel Hernandez on PBS

In 1997, U.S. Marines patrolling the Texas-Mexico border as part of the War on Drugs shot and killed Esequiel Hernández Jr. Mistaken for a drug runner, the 18-year-old was, in fact, a U.S.
Blog

Pain Relief Network Sues State of Washington

Pain Treatment Advocacy Group Sues State of WA; Donna Gordon Blankinship; Associated Press; 2008-06-25.

See also:
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

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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.

Blog

Dr. Schneider's Pretrial Constitutional Motions in Judge's Hands

Dr. Schneider’s Pretrial Constitutional Motions, Including Schneider’s Response to Govt’s Opposition, in Judge’s Hands; Alex DeLuca; War on Doctors/Pain Crisis blog of the Pain Relief Network; 2008-06-25.


Dr. Schneider’s pretrial motions to dismiss on constitutional grounds, and his motions for abstention have been filed, as has the Government’s opposition to those motions, and Dr. Schneider’s response to the Government’s opposition.

As I understand it, now we wait for rulings by the Judge.

The relevant briefs, and the Order releasing Dr. Schneider on bond and setting conditions on that release, are linked to, below. Dr. Schneider’s wife Linda remains in jail as a “flight risk” and is awaiting hearings on her detention and release.

Kick-ass Pretrial Motions:

Defendants’ Memo and Authorities in Support of Motion to Dismiss Indictment as Unconstitutional

Memo of Points and Authorities in Support of Defendants’ Motion for Abstention

Defendants’ Reply to Govt’s Response in Opposition to Defendants’ Motions to Dismiss

Schneider Release Memorandum and Order

[END]

Blog

Police Discover World's Most Expensive Marijuana

During a routine traffic stop in Ohio, police discovered over 100 pounds of the most valuable marijuana ever documented:

Police curbed the gray, four-door Mercury Grand Marquis Ruci was driving after he allegedly committed a lane violation, the highway patrol statement indicated. A specially trained, narcotics-detecting dog was brought to the scene, and its reaction to the car signaled the presence of drugs, the statement said.

A search of the vehicle yielded 104 pounds of hydroponically-grown marijuana stuffed inside eight black plastic trash bags. Police said the marijuana had an estimated street sale value of more than $4.7 million. [Naperville Sun]


This is really an incredible discovery and I'm surprised it hasn’t generated more attention. At $4.7 million for 104 pounds, we're talking about an ounce that's worth $2824.51! That just blows away everything listed at High Times's market quotes section, where ounces of high-grade marijuana in Ohio last month were listed at $400. It also overwhelms the STRIDE data collected by drug enforcement officers showing that U.S. marijuana prices averaged around $200 per ounce as of 2003.

So far, I haven’t heard of anyone smoking this new type of marijuana, but that's probably because the police took it all.

*********
Ok, enough. In case you haven't figured it out yet, this marijuana isn't worth $4.7 million. The police maybe got a little carried away and reporters don't doublecheck their numbers on things like this. It's happened before.

The problem is the numbers are so far off here that it really takes the crime to a different level, an inaccurate one. They magnified the value by a factor of 10, roughly, if the smoker-submitted street prices at High Times are realistic (my guess is they're the most accurate numbers available). The Naperville Sun, The Toledo Blade, and local ABC News grabbed the story, with The Sun even rounding up in the headline, "Driver arrested with $5 million in pot". Ironically, the $300,000 they added for the headline is much closer to what it was actually worth. Police also stated that it was "hydroponically-grown," but they admitted not knowing where it came from, meaning they can't be sure how it was actually grown. Perhaps they just like to say "hydroponic," in which case they're certainly not alone.

Amidst the numerous tragedies and injustices caused by our nation's war on drugs, the tendency to exaggerate drug seizures is a minor one. But it's annoying, it happens a lot, and it might even have the unintended effect of encouraging people to think growing marijuana will make them a millionaire.

Action Alert: (Updated) Let's respond to this by contacting the papers that reported it and letting them know they've been pushing a false headline. Here are a few of them:

Cleveland Plain-Dealer: send a letter/comment here

ABC News send a letter/comment here

Toledo Blade send a letter/comment here.

Naperville Sun send a letter/comment here.

You can send more or less the same comment to each, but be sure to include the appropriate link for their coverage, so they know what you're referring to. And, of course, be brief, on topic, and polite.

Update 2: Fascinatingly, The Chicago Tribune has the story, but leaves out the claims that the marijuana was valued at $4.7 million. That was the headline elsewhere. Could it be that Chicago Tribune was suspicious of the numbers?

Please Digg - Click Here

Blog

Congressional Black Caucus Members Try to Ban Menthol Cigarettes

Uh-oh. They're trying to take our minty-fresh menthols away. Not kool.

The Congressional Black Caucus is calling for changes to a House tobacco-regulation bill, demanding that the legislation place restrictions on menthol cigarettes, the type heavily favored by African-American smokers.

The 43-member caucus is taking aim at a provision in the bill that would ban candy-, fruit- and spice-flavored cigarettes but that specifically exempts menthol. In recent weeks the exemption has become the focus of controversy because menthol brands are heavily used by black smokers, who develop a large share of smoking-related cancers and other health risks. [New York Times]

The menthol prohibitionists' argument is simple: if black people are more likely to smoke menthol + black people are more likely to get lung cancer = menthol increases lung cancer risk. Of course, it's possible that black folks are just more susceptible to lung cancer for some horrible reason, but I guess the Congressional Black Caucus thinks the quickest way to find that out is to ban Newports™ and see if black people live longer. I disagree. I think the best way is to check whether the 25% of black smokers who don't smoke menthol have the same lung cancer rates as those who do.

Either way, banning menthol cigarettes is drug prohibition and we know what that leads to:

Some supporters of the bill’s current language on menthol have argued that, because menthol is widely used by many smokers, the effects of banning it outright are hard to predict. Among possibilities they have suggested is that menthol smokers would turn to an illicit cigarette market to obtain menthol cigarettes.

If nothing else, such a policy may rain hell on one of the Congressional Black Caucus' other legislative priorities: ending racial profiling. "Sir, do you have anything in the vehicle I should know about? Drugs? Weapons? Menthol cigarettes?"