Alex Coolman has a nice summary of the Hinchey-Rohrabacher amendment and its history over at Drug Law Blog. I haven't heard yet about this year, but will let you all know when I do... Read our '06 Hinchey-Rohrabacher coverage here and here.

Read about it courtesy Kerry Howley, at Reason. We reported on a previous flare-up back in '04.

NORML just announced its annual conference, October 12-13, in LA this year. DPA's conference is December 5-8 in New Orleans.

This issue has dragged on for too long -- I've been working on it since 1994, and that wasn't the beginning of it. Hopefully this new report from the US Sentencing Commission will help bring about some change, even if still woefully insufficient. Commentary I have seen online at the time of this writing:

Prof. Doug Berman on the Sentencing Law and Policy blog Alex Coolman on Drug Law Blog Jeralyn Merritt on TalkLeft Families Against Mandatory Minimums press release

Also our feature story on USSC's recommendations to Congress on the issue, effective unless Congress votes to block them, Drug War Chronicle issue before last. Talk amongst yourselves... :)

Peter Guither of Drug WarRant explains to drug czar John Walters why it is his prohibitionist policies that bear the root blame for endangering a rare hummingbird species in the Andes, not the coca growers as Walters' agency claims on their own blog.

Cenk Uygur blasts zero tolerance policies on the Huffington Post. Not a post about drugs, but of indirect relevance to the drug issue, where the zero tolerance concept comes up very often.

good riddance to Paul McNulty!!!!! One of the big news stories today was the resignation of Deputy Attorney General Paul McNulty as part of the US Attorneys firings scandal. I commented on the possibility of a McNulty firing on March 20th here in the Speakeasy, pointing out his history as the prosecutor who initiated charges against pain physician Dr. William Hurwitz, got the DEA's pain FAQ pulled to influence the trial, as well as his role in getting parole abolished in the state of Virginia. McNulty was present last month when the new Hurwitz verdicts -- more limited than the original, though still negative -- were read. Good riddance to Paul McNulty. May this mark an end to his evil works once and for all.

Radley Balko has posted the latest round-up of botched SWAT team raids online at Reason. Read 'em and scream in outrage...

Maryland's governor, Martin O'Malley, is set to make a decision regarding the drug sentencing reform bill passed by the state's General Assembly by Thursday -- he initially supported it but is now threatening a veto -- and press coverage has continued. Editorials criticizing his veto threat have run in the Baltimore Sun and the Washington Post. (I'm having trouble finding a link for the Post article -- please post one here if you have it.) Some quotes from the two pieces, first the Post:

"Its veto would raise the question of whether Mr. O'Malley is more interested in political posturing than in constructive reform of the state's criminal justice system."

and the Sun:

The Sun editorial read: "Mr. O'Malley shouldn't veto the bill... the solution is not to retreat from a modest sentencing change, it's to allocate more money for drug treatment."

DPA likes our Rockefeller report the best out of all of them...

TalkLeft drew attention this evening to a report in the Dearborn, Michigan, Mail & Guardian of a now-former police officer who confiscated a suspect's marijuana and wound up calling 9-1-1 over it. He and his wife baked some of it into brownies, and then (apparently) freaked out. Officer Edward Sanchez resigned, and the department decided not to press charges, which irritated city councillor Doug Thomas. TalkLeft's Jeralyn Merritt is glad he wasn't charged:

Yes, it's bad to take a suspect's pot. But I don't think it warrants criminal charges. Disciplinary charges, to be sure, but the cop resigned first. And, in the grand scheme of things, it's better that someone who overdoses on drugs like heroin not to be afraid to seek medical attention. Some things are better confined to the realm of the doctor-patient privilege.

I agree with the overdose prevention angle. In fact, we have a whole category devoted to that idea on this web site. But I'm not sure how I feel about just having disciplinary action in most cases. It's one thing to slip up, especially when it comes to an activity like drug use that shouldn't be a crime at all. It's another thing to arrest a person, take his drugs (his property), send him to jail for the drugs and then commit the same crime that you took the first guy to jail for. That makes me wonder about the officer's moral fiber (even though I don't call for sanctions of officers for mere drug use -- because I don't call for such sanctions for anyone). The Mail & Guardian article did not discuss the fate of the original possessor of the marijuana. I would like to know whether Sanchez arrested him or her, and if so what the outcome was. That said, losing his job is probably enough (even if by resignation), and as I said I agree that 9-1-1 calls over drug overdose scares should not lead to criminal prosecution, for reasons of public health policy. Update: Mark Hemingway commented on this story guest blogging for The Agitator too. In descending order of harshness toward the officer: Hemingway, me, Merritt. Another update: Orin Kerr of the Volokh Conspiracy found audio of the 9-1-1- call.

The Pain Relief Network has posted updates on the case of Virgin Islands pain physician Dr. Paul Maynard, here, here and here. I don't think we have past coverage of Dr. Maynard's case on DRCNet, but our under-treatment of pain feed gets updated regularly (and is also available via RSS).

... and NPR's Diane Rehm thinks he's great. Julian Sanchez makes the case that Rehm's interview was "maddeningly uncritical, borderline fawning," and tears apart Califano too. Phil is going to review Califano's book for Drug War Chronicle soon, by the way.

A harm reduction bill in the California legislature would deal with some liability issues and other obstacles that currently make it difficult to get the opiate overdose antidote Naloxone out to the communities where overdoses are taking place.

Dr. Alexander DeLuca comments on Florida's proposed database in the War on Doctors / Pain Crisis blog.

Jeralyn Merritt linked in TalkLeft today to a Chicago Tribune article covering what sounds like a fairly spectacular police corruption trial. A police ring allegedly engaged in armed robbery of drug dealers, and as part of that engaging in home invasions, falsifying police reports and lying to judges and juries. The prosecutors, not surprisingly, have gotten one cop -- Corey Flagg, who has pleaded guilty -- to testify against another -- Eural Black, who took it to trial -- in order to get a "deal," e.g., a lighter sentence. And Merritt aptly points out that in such a circumstance -- a known criminal providing testimony, in exchange for the compensation of spending less time in prison -- it's really hard to know whom to believe. There is incredibly strong incentive for the guy making the deal to say anything that will get him off more easily, and by definition the guy making the deal is someone we believe to be a criminal in the true sense of the word. Should such a person's testimony really be the basis for handing out hard-time in prison? Defense are pointing this out, and Merritt asks what the jury is likely to make of it:

What does a jury glean from all this? That all the cops were dirty, or that one cop who got caught is trying to save himself by selling out a clean cop who worked with him?... Does a dirty cop really sell out a clean cop? Or does he, caught in the headlights, just spread the blame to others as dirty as him, in hopes of a shorter sentence?

This sort of deal is made all the time, of course, on countless routine cases. I consider it to be a fundamental corruption of the administration of justice -- it is just too obviously true that one cannot trust testimony given under such a circumstance. The older type of practice is that deals would be offered to informants who provide useful information that investigators can use to then find actual evidence. Instead, drug war prosecutors, with the complicity of judges, have shed their morality and instead use the informants' mere testimony. Hmm, maybe that's one of the reasons some people don't like snitching.

Gabriel Sayegh blogs about it for the Huffington Post...

(This action alert is going out to our Maryland subscribers in the AM. As a Marylander -- I live in Takoma Park now -- I'm officially upset at the governor. I knew he'd show himself to be a "fake" liberal when push came to shove on this issue. - Dave)

Last month a modest but important sentencing reform bill -- HB 992, which restores parole eligibility for second-time drug offenders -- was passed by the Maryland General Assembly. At the time Gov. O'Malley had indicated that he supported the bill. But now he has flip-flopped and is saying he may veto it.

Please call O'Malley's office and demand he stop playing politics with people's lives and sign HB 992. Mandatory minimums are a terrible injustice and are costly and ineffective public policy -- HB 922 is simply a no-brainer. CALL (800) 811-8336, OR FAX O'MALLEY A LETTER AT (410) 974-3275. (The address to use on your letter if writing is: The Honorable Martin O'Malley, State House, Annapolis, Maryland 21401-1925 -- be sure to use fax, though, there isn't enough time to rely on the US mail.) PLEASE FORWARD THIS ALERT TO YOUR FRIENDS IN MARYLAND TOO!!!

The organization Stop the Drug War (DRCNet) has a form set up online to make it easy to e-mail the governor -- I hope you will use this method too. Phone calls and individual faxed letters are the best, though, so if you can do one of those I hope you will. Please send me an e-mail, and send one to [email protected] to let me and DRCNet know you've taken action. Following is some background on HB 992, from the Justice Policy Institute:

When enacted, HB 992 would operate as follows:

• HB 992 does not apply to violent offenders. HB 992 does not apply to third or fourth time offenders. HB 992 does not apply to volume dealers or drug kingpins.
• A defendant is convicted of possession of intent to distribute a controlled dangerous substance or distribution of a controlled dangerous substance. The defendant is a second-time offender and is subject to a 10-year mandatory sentence.
• At sentencing, the judge will have available a presentence investigation report (PSI), prepared by Parole and Probation, that details the defendant's complete criminal history (arrests, convictions, warrants, etc.), family history, drug addiction and treatment (or lack thereof) history, and a recommended sentence range based on the defendant's offender score and offense. The judge will hear from defense counsel and the state's attorney concerning a sentence.
• The defendant will be sentenced to 10 years of incarceration. If the defendant is not also guilty of a violent offense, the judge, after a full appraisal of the defendant and listening to argument and recommendations of the state's attorney and defense counsel, MAY sentence to 10 years with the POSSIBILITY of parole.
• The defendant is confined within the Department of Corrections and waits a minimum of two and a half years for a parole hearing.
• The parole commission then determines, based on the defendant's updated presentence investigation report (PSI), offense, offender score, impact statements, a letter from the state's attorney that originally prosecuted the case, and the defendant's "base file" -- i.e., complete institutional record prepared by a case manager detailing tickets, classes, work history, etc., and whether the inmate has an exit plan -- i.e. a job and place to live -- whether to parole the inmate.
• If the inmate is paroled (which is unlikely on the first attempt) and complies with the conditions of his or her parole, the state saves approximately $100,000 and public safety is not impacted.
• If the inmate is paroled (again, unlikely on the first attempt), the inmate is subject to supervised probation and, if the inmate fails to comply with his or her parole conditions, faces serving the entire balance of the 10-year sentence.

While HB 992 by no means does all we would want, it is a beginning. I hope you will take action -- thanks for helping us help Maryland's nonviolent drug offenders this year.

Jeralyn Merritt pointed out on TalkLeft tonight that Jay Apperson -- an infamous drug warrior who was fired from his job working for now-former hard-line Judiciary Committee chairman Rep. Jim Sensenbrenner (R-WI) for an inappropriate intervention attempt in a federal drug case -- is back and that his name has come up in a Washington Post article as a hiree for whom DOJ officials bypassed the usual process. It's not clear whether the irregular hiring is part of the larger US Attorneys affair. Read more about this heartless, awful man and his dark works in our 2005 Chronicle report on the aforementioned Sensenbrenner incident.

In the aftermath of the infamous "soap bust" of drummer Don Bolles of "The Germs" fame, Dr. Bronner's has released a video showing the NarcoPouch field drug test coming up with false positives for a range of natural soap products. Curiously "fake" soaps that are actually detergent-based are coming up negative. Read the full press release here. Watch the video (which also includes TV news footage about the incident) via YouTube below: