borden's blog
Letter from a Would-Be Medical Marijuana Patient
I am one of thousands of people who need the medicine marijuana. In short, I had an accident in 1983 and fell 20 feet from a ladder. I went through 10 operations and now I have no ankles, my joints do not fuse or mend. Since I have joint arthritis, everything I do is painful. This is just a sample of the problems I have had. All the doctors I have seen tell me I would benefit from the use of marijuana. It won't replace the medicines I am taking now, but it would make life worth living. Some days I ask God to take me from this hell. I have tried the medicine marijuana once before, but just tried. My wife and I have too much to lose if somehow I were arrested for possession. So for now I say to myself, I wish and hope they would legalize the medicine marijuana before I die.
You know the drug war's been lost when they're growing marijuana right outside the DEA's office...
Hurwitz Receives Lesser Sentence Second Time Around, Could Be Free in 17 Months
While there was no evidence that Dr. Hurwitz was profiting from the resale of his prescriptions -- and the jurors I interviewed said they didn’t think he intended the drugs to be resold -- he will still spend more time in prison than almost all the patients who admitting lying to him and reselling the drugs. Thanks to the deals they made to cooperate with prosecutors, seven of the nine patients got sentences ranging from 10 to 39 months. Only two got longer sentences than 57 months -- and one of them, who got 72 months, was also guilty of armed robbery and arson.The other thing that is really troubling about this case is that jurors admitted to Tierney (previously) that they were not clear on what the law says about whether a doctor who screws up and prescribes to the wrong people, but isn't intentionally diverting drugs to the black market, should be held criminally responsible. But that is precisely the point of law on which the verdicts turned. If jurors don't understand the law they are judging, what is the justification for keeping the conviction and imprisoning someone for it? Despite the praise that has been given to Brinkema by Tierney and others for her handling of this case -- which admittedly was far better than other judges have done -- at the end of the day I have to say that I think she failed to do proper justice. I repeat, if the jurors admit that they did not understand the key point of law before them, I see no reasonable way for the verdicts to be considered legitimate, because the process itself is simply unsound. I could see an argument (theoretically) for having a third trial, but Dr. Hurwitz should be at home tonight with his family, and it's a crime that he's not -- not only for his sake, but for all the pain patients who effectively are being tortured by denial of pain medication because doctors don't want to take the risk of getting sent to prison. Lastly on this theme, think about the fact that the first set of convictions were invalidated, and this second set for the aforementioned reasons clearly should have been. That's an extraordinarily poor track record. A criminal justice system that imprisons people even when jurors admit they didn't know what they were doing is a system that is fundamentally corroded and has lost its way. Don't be proud of yourselves, feds! Despite all of the foregoing, I also have to say that I am relieved. 17 months is a long time to spend in prison, even if one hasn't already spent some years there already, but it could be much, much worse. Judge Brinkema could have given him the same 25 years, or life -- or 10 years, or 12 or 15. The trial also had a bright spot in that Brinkema saw through the misrepresentation about dosages that prosecutors had attempted:
Brinkema said she had read news accounts of the first trial and had seen some of the massive prescriptions Hurwitz had given out, including one patient who was given 1,600 pills a day. "The amount of drugs Dr. Hurwitz prescribed struck me as absolutely crazy," the judge said. But after hearing testimony from both sides, "I totally turned around on that issue," Brinkema said. "The mere prescription of huge quantities of opioids doesn’t mean anything."In fact, there are known pain treatment cases in which the dosages were literally four times greater than the largest dosage prescribed by Hurwitz in the cases at stake (as I pointed out in a letter to Judge Wexler before the first sentencing, though obviously to no avail). Now lawyers in other pain cases (current and future) can read Judge Brinkema's comments to judges and jurors to explain why the apparently large doses may have been appropriate. The problem hasn't been a lack of experts willing to say that in trials; the problem has been that for some reason it just seems to wash over people in the face of the large number of pills. I think that having a quote like that from a federal judge will help to break through. I'm not a physician, and I'm not in a position to judge whether or not Dr. Hurwitz practiced good medicine in every case. But I'm completely confident that he did not engage any drug-dealing conspiracy. Perhaps the fact that I've met him several times in the past biases my view. But I've also met many of his former patients -- some of them I know well -- and it's a provable fact that he helped many people whom others doctors wouldn't help and who desperately needed the help, and that he gave them the benefit of thoughtful attention. A lot of these people were left in the lurch when the authorities moved against him, causing at least one suicide and arguably a few of them. Hopefully this outcome, while highly imperfect, has enough good points in it to help move things in the right direction; time will tell. You can keep with all of our pain reporting in our topical archive -- RSS is available here -- email us if you'd like to run our pain feed (or any other feed we offer) on your web site.
A better mayor, on drug policy at least...
It's about time that we get over the stigma associated with many of the false assumptions that dominate this debate, and pragmatically move forward on eliminating pot prohibition. As someone who has both walked the streets as a member of the RCMP's drug squad and examined legislation for passage into law as a Senator, I have a sharp understanding of what constitutes a criminal. Those that use pot just don't fit the profile.Campbell's rational call for change stands in stark contrast to the strong anti-marijuana stance of another former mayor, New York City's Rudy Giuliani, who radically increased marijuana arrests and even opposes medical marijuana use. Campbell's actually for legalization across the board -- according to our 2003 interview with him, though not optimistic of it. Keep up with Canada drug policy news through our topics page here (or the RSS feed for it here). Or just read our newsletter...
We Want Pardons: Petition to Save Bush's Legacy by Persuading Him to Pardon Thousands of Nonviolent Drug Offenders
Please click here to send a copy of this petition in your own name to President Bush, Vice-President Cheney, and your US Representative and Senators if you live in the US.
DEA Pain Hearings Tomorrow
Radley Balko police raids testimony, House of Representatives Subcommittee on Crime
"[W]hen you’re dealing with nonviolent drug offenders, paramilitary police actions create violence instead of defusing it."
Silly Scott
President Bush's Commutation Total Just Increased by 50%!
half a million nonviolent drug offenders rot. The news just broke that President Bush has commuted Scooter Libby's sentence, leaving him with a conviction and a $250,000 fine. Most of the fine is going to be paid by his allies. This might not bother me as much -- I'm generally not a big fan of prison -- were it not that Bush has been such a "pardon Scrooge" during all of his now many years in office. In fact, as of last November the total number of commutations he had done numbered a mere two, according to SF Chronicle columnist Deb Saunders. What a coincidence that of all of the two million people languishing behind bars in this country, the vice president's former aide was one of only .00015% of them -- three people -- who deserved to be spared prison time! I've been watching drug policy, and criminal justice generally, for the last 14 years, and the sheer hypocrisy in this instance even blows me away. Either George Bush proceeds now to release nonviolent offenders in droves -- thousands and thousands of them -- or calling him a hypocrite will be the understatement of the millennium. Clarence Aaron and the Garrison twins would be three good people to start with. (Update: The president cannot commute state sentences, so change the .00015% I referred to earlier to .0015% instead. On the other side of the equation, though, a much higher percentage of federal incarcerations are of nonviolent drug offenses than of state incarcerations.)
Christiania is in trouble again (video)
[Christiania] was set up in the heart of Copenhagen as an antidote to the selfish society. But Europe's most famous commune is under threat from a right-wing government determined to 'normalise' this relic of the 1970s.The Legalise Cannabis Alliance (UK) has video footage of what looks like a pretty serious police raid posted to YouTube -- there are links to more video there too. We published a Chronicle news feature in January 2004 when hash sellers on Pusherstrasse burned their own stands in protest of a looming government crackdown, and again two months later when the trouble hit. Reason's Kerry Howley provides some "fun facts" about Christiania here. Why not just leave the hippies alone, conservative Danish government (and US government)?
Supreme Court Betrays Free Speech...
Newark's leaders are starting to talk sense -- maybe big time.
http://stopthedrugwar.org/chronicle/468/newark_new_orleans_drug_war_crackdown_crime_murder (Chronicle article) http://stopthedrugwar.org/prohibition_in_the_media/2007/jan/09/irony_new... (blog post) http://stopthedrugwar.org/chronicle/468/newark_drug_force_wont_achieve_i... (editorial)Booker did say some good things at the time:
"These men are not saints who have died, but they are our sons... Take away my tie, take away my suit, and about 10 years, and I fit that description: young black men dying in our city at rates that are unacceptable."But as I pointed out in my editorial:
If the people doing the fighting are members of our collective family, to be rescued where possible from a negative environment that has lured them into a criminal lifestyle, why is the centerpiece of the new effort a law enforcement campaign that can only end with the long-term incarceration of many of "our sons"? Youthful confusion and feelings of desperation don't magically end after 17 years and 365 days, and New Jersey's drug laws for adults are harsh, as are federal drug laws. How many of "our sons" will end up in prison for long periods of time, sent there because of this new program?An article by Tom Moran in the Newark Star-Ledger this weekend has some very interesting comments from both McCarthy and Booker. McCarthy points out the city's homicide rate -- 105 last year -- is the highest in over a decade, even though every other kind of crime has really dropped off. McCarthy is "perplexed," he told Moran. Booker's talk was pretty tough, but it was the kind of tough talk that we like here:
"The drug war is causing crime," Booker says. "It is just chewing up young black men. And it's killing Newark."According to Moran, Booker likened heavy jail terms and unforgiving policies toward those who have been released to an economic genocide against African American men in his city that is giving Newark's crime wave thousands of new recruits. He wants to state's mandatory minimums to go, at least in their current form -- New Jersey's drug laws are harsh -- and he says that he's ready to fight it out:
"I'm going to battle on this," the mayor says. "We're going to start doing it the gentlemanly way. And then we're going to do the civil disobedience way. Because this is absurd. "I'm talking about marches. I'm talking about sit-ins at the state capitol. I'm talking about whatever it takes."Let's hope he means it -- kudos in any case for saying such things. In the meanwhile, though, I do have a few questions:
- Is the narcotics task force he talked about in January operating, and if so, what exactly is it doing?
- Is the city doing everything it can to prevent these young men from ending up in the clutches of the state's harsh sentencing regime -- through policing prioritization, prosecutorial discretion, etc.?
- What about ending prohibition? It's not just that people are angry and hopeless, it's also the money in the illegal drug trade that is getting so many people recruited into lives of crime and paying them to stay there. Only legalization can break that link.
"End Racial Profiling Act" coming to Congress soon...
In the coming weeks, Senator Russ Feingold (D-WI) and Representative John Conyers (D-MI) are expected to introduce the End Racial Profiling Act of 2007 (ERPA), which will prohibit federal law enforcement agencies from engaging in racial profiling and encourage states to adopt the same type of ban on the practice. The legislation will also permit victims of racial profiling to take legal action and requires states to establish procedures for victims to file complaints against police officers who racially profile. In addition, the bill provides data collection demonstration and best practice incentive grants to state and local law enforcement agencies.With Conyers chairing the House Judiciary Committee now, after the Democratic takeover, I'd say it has a real chance. I spoke with Conyers there too, by the way; after 40+ years in Congress he obviously is not a young man anymore, but he's not tired of it at all and is thrilled to be in a position to get some things done. Other members of Congress attending parts of the Summit Thursday included Bobby Scott (there for most of it), Adam Schiff (D-CA), Melvin Watt (D-NC) and Keith Ellison (D-MN). Sadly I couldn't make it to the Friday portion, had to edit the Chronicle. Anyway, there's today's brief report from Washington...
Giuliani's Cocaine Connection
The other guy indicted in the case seems to be the dealer. Ravenel seems to have been one of his customers, who bought cocaine in quantity to share with friends. Under federal law, there's no crime of selling drugs; the crime is "distribution," which includes giving the stuff away.(Talking Points Memo, linking to Kleiman, observes that Ravenel would have been buying for "what was probably going to be a pretty big bash".) Ravenel should be considered innocent until proven guilty, of course, and Kleiman points out what I think is a pretty good reason why:
The most likely scenario here: The state cops nailed the dealer (he was already in custody on state charges when the indictment was handed up yesterday), and the dealer gave them a prominent customer in order to buy himself some consideration at sentencing time.As a legalizer, I have to have some sympathy for anyone caught up in the drug war's headlights. Still, Ravenel was a political official at the highest levels in a state that has some real "tough on drugs" policies in place. Unless he was actively involved in working for serious drug policy reform -- and I'm not aware that he was -- and assuming the accusations made against him are accurate, there's a hypocrisy angle here. Furthermore, the candidate he was involved in trying to elect as president, Rudy Giuliani, is a drug warrior who increased arrests in New York when he was mayor, who tried to shut down methadone maintenance in the city, and who opposes needle exchange and medical marijuana. It's especially hypocritical for a drug user to chair a state campaign for a drug warrior trying to be president, who would presumably continue to be a drug warrior if elected president. Then again, maybe Ravenel intended to quietly lobby Giuliani to shift his views/policies on drugs. I tend to doubt it, but I don't know the guy so I can't say for sure. As for Giuliani, did he have no idea about his friend's (alleged) drug proclivities, or no one who could inform him about them? I've heard from a knowledgeable source that when Giuliani was the US Attorney in New York, the safest place to sell drugs was in front of City Hall. Bottom line: If you're a top-level state official, it's probably not a good idea to organize all-out (all night?) cocaine fests. But if you are in the habit of organizing cocaine fests, speak out against the war on drugs too, so at least people won't think you're a hypocrite if you get caught. Actually, speak out against the drug war in any case.
Response from former ONDCP official to my China/death penalty post
David, Saw your piece… The arrangement with China never was intended to mandate or magnify their death penalty -- they are choosing their own enforcement tools, which as so many human rights abuses in China are excessive. The arrangement—and I was there and organized the news conference with US (including Gen. McCaffrey) and Chinese officials—was simply to get them to agree with us in enforcing international drug laws and treaties. What we saw there, including thousands of people in treatment factories but not getting real treatment, and the unbridled flow of methamphetamine and opium, was unconscionable.
Wrong Home: Police Force 77-Year Old Woman to Ground and Handcuff Her
chicagovigil.com responds to chicagovigil.org
Imprisonment is becoming unaffordable...
Interview with Hearne, Texas, drug war victim Regina Kelly
Radley Balko has posted a Flash-video interview he recorded with drug war victim Regina Kelly, one of the 27 black residents of Hearne, Texas, who were arrested in a Tulia-like incident involving an "informant" of the most scurrilous variety. Kelly, like most of the victims, was later exonerated. Balko and Kelly were both speakers at an ACLU conference in Seattle last weekend.
Seattle is a beautiful city -- with great drug reformers -- as I commented two weekends ago while the NORML Legal Seminar was convening in Aspen, "wish I were there..."
Good Supreme Court Ruling on Traffic Stops
Brendlin was seized because no reasonable person in his position when the car was stopped would have believed himself free to "terminate the encounter" between the police and himself. Bostick, supra, at 436. Any reasonable passenger would have understood the officers to be exercising control to the point that no one in the car was free to depart without police permission.Sad that the California Supreme Court bought the argument, though. Read more about the case here.