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Tennessee Judge Throws Out State's Drug Tax Stamp Law

Publication/Source: 
Associated Press
URL: 
http://www.wbir.com/news/regional/story.aspx?storyid=35986

ACLU Wins Settlement for Goose Creek School Raid Victims

press release from the ACLU...
Landmark Settlement Reached in Notorious School Drug Raid Caught on Tape Victims of South Carolina Raid Become Only Students in America with Complete Freedom From Unconstitutional Search and Seizure FOR IMMEDIATE RELEASE July 11, 2006 CONTACT: Daniel Berger, (917) 602-2445; [email protected] GOOSE CREEK, SC -- The American Civil Liberties Union announced today that a federal court has approved a landmark settlement in its lawsuit challenging police tactics in the high-profile drug raid of Stratford High School in Goose Creek, South Carolina. The settlement includes a consent decree that sets a new standard for students' rights to be free from unreasonable search and seizure. Absent a warrant, police will now need either to have probable cause and pressing circumstances or voluntary consent in order to conduct law enforcement activity on school grounds - effectively granting Goose Creek students the essential privacy rights enjoyed by all Americans. "Goose Creek students now have a unique place in our nation," said Graham Boyd, Director of the ACLU's Drug Law Reform Project. "They are the only students in the nation who have complete protection of their Fourth Amendment rights of search and seizure." The November 5, 2003 police raid of Stratford High School was recorded by both the school's surveillance cameras and a police camera. The tapes show students as young as 14 forced to the ground in handcuffs as officers in SWAT team uniforms and bulletproof vests aim guns at their heads and lead a drug dog to tear through their book bags. The ACLU represents 20 of the nearly 150 students caught up in the raid. The raid was initiated by the school's principal at the time, George McCrackin, who resigned shortly after the tapes surfaced on national television. The raid was authorized based on the principal's suspicion that a single student was dealing marijuana. The raid was carried out despite the suspected student being absent at the time. No drugs or weapons were found during the raid and no charges were filed. While African Americans represented less than a quarter of the high school's students, more than two-thirds of those caught up in the sweep were African American. The raid took place in the early morning hours when the school's hallways are predominantly populated with African American students whose buses -- which largely travel from different neighborhoods -- arrive before those of their white classmates. White students began to arrive during the raid and witnessed the hostile roundup and detention of their African American peers. As 16-year-old Joshua Ody, one of the students caught up in the raid, put it, "I felt like I had less rights than other people that day." Following the raid, the ACLU brought a lawsuit on behalf of students' families charging police and school officials with violating the students' right to be free from unlawful search and seizure and use of excessive force. The lawsuit demanded a court order declaring the raid unconstitutional and blocking the future use of such tactics, as well as damages on behalf of the students. In addition to recognizing students' rights to be free from unconstitutional search and seizure and restricting police tactics, the settlement establishes a $1.6 million dollar fund to compensate the students and help cover medical and counseling costs from the incident. The cost of the settlement will be paid by the city of Goose Creek, the Goose Creek Police Department, and the Berkeley County School District where the school is located, with assistance from their respective insurance companies. It is not yet known exactly how many of the nearly 150 students will accept the settlement. The offer came in response to a class-action lawsuit on behalf of 53 students, of which the ACLU's lawsuit is a part. Both sides agreed to the terms of the settlement earlier this year. The agreement received judicial approval yesterday. The ACLU's clients are: 15-year-old Carl Alexander, Jr.; 15-year-old Rodney Goodwin; 17-year-old Samuel Ody III; 17-year-old Micah Bryant; 15-year-old Marcus Blakeney; 14-year-old Danyielle Ashley Cills; 15-year-old Cedric Penn, Jr.; 14-year-old Elijah Le'Quan Simpson; 14-year-old Jeremy Bolger; 14-year-old Tristan Cills; 14-year-old Arielle Pena; 17-year-old Jalania McCullough; 17-year-old Cedric Simmons; 14-year-old Nathaniel Smalls; 15-year-old Timothy Rice; 15-year-old Shnikqua Simmons; 16-year-old Joshua Ody; 16-year-old De'Nea Dykes; 15-year-old Chernitua Bryant; and 18-year-old Rodricus Perry. A school surveillance video of the raid with narration by Principal McCrackin may be viewed at: http://stream.realimpact.net/?file=realimpact/aclu/20031205_ACLU_DrugBust.rm The essential terms of the settlement may be viewed at: www.aclu.org/drugpolicy/youth/24952lgl20060407.html
Localização: 
Goose Creek, SC
United States

Cocktail Reception with Judge James P. Gray

Please join us for a private reception with Judge James P. Gray Why Our Drug Laws Have Failed Friday, July 14, 2006 Please join us for a cocktail and hors d'oeuvres reception for James P. Gray, author of Why Our Drug Laws Have Failed and What We Can Do About It: A Judicial Indictment of the War on Drugs (Temple University Press, 2001). Gray documents the harms caused by the failed War on Drugs and evaluates the options for reversing course, from educational campaigns and drug treatment programs to strategies for taking the profit out of drug-dealing. Gray received his undergraduate degree at UCLA in 1966, served with the Peace Corps in Costa Rica from 1966 to 1968, and earned his law degree from USC in 1971. From 1972 until 1975, he was a staff judge advocate and criminal defense attorney for the U.S. Navy JAG Corps at the Naval Air Stations in Guam and Lemoore, California. He was awarded national defense, Vietnam service, and combat action ribbons. For about three years, Gray was a federal prosecutor with the United States Attorney's Office in Los Angeles. He worked five years in private practice in Newport Beach in civil litigation and was appointed by California Gov. George Deukmejian to the Santa Ana Municipal Court in December 1983. There, Gray actively sought to combat drunk driving and other alcohol-related offenses, earning a commendation from the Orange County Board of Supervisors in 1990. Gray was elevated by Deukmejian to the Orange County Superior Court in July 1989, where he received "Judge of the Year" awards in 1992 and 1995 and an honorary J.D. from Western State University College of Law. What: Free hors d'oeuvres Cash bar Books for sale When: Friday, July 14, 2006 5:30-8:00 p.m. Presentation by Judge Gray at 6:00 p.m., book signing after. Where: Millennium Knickerbocker Hotel Prince of Wales Room 163 East Walton Place Chicago, IL 60611 Register: By July 11, 2006. Admission is free, but please register in advance by calling 312/377-4000. For more information, contact The Heartland Institute at 312/377-4000 or visit our Web site at www.heartland.org.
Data: 
Fri, 07/14/2006 - 6:30pm - 9:00pm
Localização: 
163 East Walton Place
Chicago, IL 60603
United States

Don't Worry, Orrin Hatch Will Save You

When renowned R&B producer Dallas Austin was sentenced to 4 1/2 years in a Dubai prison for cocaine possession, he found an unlikely advocate in Republican Senator and Christian music composer Orrin Hatch, according to the New York Times:

The release of a music producer from a Dubai jail this week, quick on the heels of his conviction for drug possession, turns out to be a story of high-level string-pulling on the part of Mr. Hatch, the conservative Utah Republican and songwriter, along with Lionel Richie, the singer; Quincy Jones, the music entrepreneur; and an array of well-connected lawyers, businessmen and others, spanning cities and continents.

And it gets better:

A spokesman for Mr. Hatch said that the senator was a proponent of rehabilitation for drug offenders, and that he had worked to revise federal sentencing guidelines regarding cocaine, and, through legislation in 2005, had advocated treatment for nonviolent offenders and the easing of restrictions on medication to treat heroin addiction. In the statement Mr. Hatch said he was "confident that this talented young man will learn from this experience."

Sounds good to me, but Orrin Hatch? Didn’t he once advocate the death penalty for international drug trafficking, the exact crime of which Mr. Austin was accused?

Well…yes.

Clearly, he’s got some explaining to do, but let’s withhold our cries of hypocrisy for now and hope he’s seen the light. Afterall, we’ve got 500,000 non-violent drug offenders right here at home that could use some help from Utah Republican Orrin Hatch.

Localização: 
Dubai
United Arab Emirates

Tax Act, Drug Deals Don't Stick (Connecticut)

Localização: 
United States
URL: 
http://www.courant.com/news/local/hc-pottax.artjul07,0,1727063.story?coll=hc-headlines-home

Medical Marijuana: Five Arrested, 13 Dispensaries Raided by DEA in San Diego

https://stopthedrugwar.org/files/mcwilliams.jpg
Feds Hit San Diego Medical Marijuana Co-ops Again
Just a week after the US House of Representatives voted to continue funding Justice Department raids on medical marijuana patients and providers in states where it is legal, the feds struck again. Five people have been arrested in a series of DEA and local police raids Thursday hitting 13 medical marijuana dispensaries in San Diego County. Some people are being charged under state marijuana distribution laws in the cooperative federal-local effort. More arrests are expected, local law enforcement officials said.

The raids and arrests came as federal officials unsealed two indictments, one charging the Purple Bud Room and Tender Holistics Care dispensaries with illegally distributing marijuana, the other laying similar charges against five people who owned and operated Co-op San Diego.

The feds also went after four doctors on suspicion of providing medical marijuana recommendations for people the officials claimed did not legitimately need marijuana. State and federal officials have filed complaints with the state Medical Board against the doctors.

The San Diego District Attorney's Office announced it was filing marijuana distribution charges against five dispensaries: Ocean Beach Dispensary and Utopia, both on Voltaire Street in Ocean Beach; Native Sun Dispensary on Rosecrans Street, in the Midway District; THC Dispensary, no longer in business, in Pacific Beach; and the California Medical Center, on La Jolla Boulevard in La Jolla.

In a statement announcing the busts, the DA's Office said it was not aiming at medical marijuana patients, but at retail pot outlets disguised as dispensaries. "Our office has no intention of stopping those who are chronically ill with AIDS, glaucoma and cancer from obtaining any legally prescribed drug, including medical marijuana, to help them ease their pain," said DA Bonnie Dumanis said. But the state's medical marijuana law is "being severely abused and it has led to the neighborhood pot dealer opening up storefronts from La Jolla to Ocean Beach to North Park," she said.

Americans for Safe Access (ASA), the medical marijuana defense group, announced in an e-mail Thursday afternoon it was holding an emergency meeting in San Diego that evening to craft a response.

Africa: Nigerian Narcs in Losing Battle with Marijuana Farmers

Nigeria's booming marijuana trade is more than the National Drug Law Enforcement Agency (NDLEA) can handle, the agency's commander in Edo state, a center of the trade, told a major newspaper last week. An undermanned, under-equipped, and under-budgeted anti-drug agency can't compete with rising domestic and international demand and few other economic options for northern farmers, he said.

But the narc is making the best of it by claiming that Nigerian bud is now "the best in the world." That claim is open to heated debate, but "Indian hemp," as the locals call it, is now showing up in European markets, where it competes with the best the rest of the world has to offer.

In its 2006 International Narcotics Control Strategy Report, the US State Department noted that "marijuana/cannabis is grown all over Nigeria, but mainly in central and northern states. Cultivation is generally on small fields in remote areas. Its market is concentrated in West Africa and Europe; none is known to have found its way to the United States. However, domestic use is becoming more widespread. The NDLEA has destroyed marijuana fields, but has no regular, organized eradication program in place. There are no reliable figures to determine crop size and yields."

"The drug war in this part of the country is higher than any other place because, essentially, Edo state is a home for the cultivation of cannabis," state NDLEA commander Okey Ihebom told the Abuja Daily Trust. "They plant Indian hemp in large quantity in this state. The cannabis being produced in Edo and Ondo states is the best in the world. So, there is a ready market for it anywhere in the world. We also understand that the cannabis from those two states is more expensive. The producers and the peddlers are therefore willing to take any type of risk to produce and export the drugs."

The state only has one vehicle for marijuana law enforcement and no good jail, Ihebom complained, and farmers have been known to fight back. "You cannot get a vehicle that can carry you to such farms. The farms are not accessible by any form of vehicle. You will drive into the forest and stop about 20 kilometers away from the farm and trek to the place," he explained. "At the farms, the farmers are mostly armed. They know the area better than us. After an exchange of fire, when we overpower them, we make arrest and commence the destruction of the farms. It will take us days to destroy a large farm. At times, they will regroup and fight us back with sophisticated weapons. That was how the command lost two of its men recently."

It also lacks an effective prevention campaign. "People smoke cannabis out of ignorance," Ihebom said. "When we enlighten the public on the adverse effecting of smoking the drug, I am sure a good number of people will stop the habit and those that are not in the habit of smoking will report to us those they see smoking."

Smoking pot was a bad idea, Iheobom told the Daily Trust. "The ordinary smoker is also very dangerous to the society," he claimed. "The moment one smokes and starts thinking he is what he is not, you know there is trouble ahead. So we are out for both the smokers, those trading it, the dealers, the exporters, the producers and the distributors as well," he said.

While Ihebom emphasized violence linked to the marijuana trade, he conceded that wasn't always the case, but he worried that the inflow of money to the impoverished region would be harmful. "The perception that cannabis producing or consuming communities are violent, may not be entirely true. Look at Ondo, a leading cannabis producing state in the country and yet it is a peaceful state," he said. "But when you consider the inflow of cash from both within and abroad into cannabis producing communities, you realize that the cash flow encourages crime. That is exactly the case in Edo state. You know because of drug peddling and this international prostitution, there is also a lot of money here and so crime rate is also way high."

Ihebom implicity recognized he was fighting a losing battle, but the tide could surely be turned with some more resources, darn it! "You see, drug war is not a war that should be left for the NDLEA alone to fight," he said. "America, with all its sophistication, cannot be able to stop drug peddling. If you look at the volume of drug that enters America daily, you will be surprised. It is true that with better funding and equipping, we will do more in our struggle with these people."

Europe: Scottish Drug Czar Says Drug War Is Lost, Causes Big To-Do

Scotland's drug czar (or "tsar," as the Scots like it) has unleashed a week of furious debate by declaring that the war on drugs is lost and can never be won. The remarks by Tom Wood, chairman of the Scottish Association of Alcohol and Drug Action Teams, are only the latest in a series of similar declarations coming from Scottish politicians and law enforcement figures as the nation attempts to confront its intractable affair with illicit drugs. Despite decades of drug war, Scotland has some of the highest drug use rates in Europe and more than 50,000 heroin addicts.

"I spent much of my police career fighting the drugs war and there was no one keener than me to fight it," Woods said in an interview with Scotland on Sunday. "But latterly I have become more and more convinced that it was never a war we could win. We can never as a nation be drug-free. No nation can, so we must accept that. So the message has to be more sophisticated than 'just say no,' because that simple message doesn't work," said the man charged with advising the Scottish Executive on future drug policy. "For young people who have already said 'yes,' who live in families and communities where everybody says 'yes,' we have to recognize that the battle is long lost."

Wood said he was not advocating decriminalization or legalization of drugs, but a fundamental shift of priorities. "Throughout the last three decades, enforcement has been given top priority, followed by treatment and rehabilitation, with education and deterrence a distant third. In order to make a difference in the long term, education and deterrence have to go to the top of the pile. We have to have the courage and commitment to admit that we have not tackled the problem successfully in the past. It's about our priorities and our thinking," said Wood. "Clearly, at some stage, there could be resource implications, but the first thing we have to do is realize we can't win any battles by continuing to put enforcement first."

Scotland's main drug fighters, the Scottish Crime and Drug Enforcement Agency (SCDEA), unsurprisingly differed with Wood's analysis. "I strongly disagree when he says that the war on drugs in Scotland is lost," said SCDEA head Graeme Pearson. "The Scottish Executive Drug Action Plan acknowledged that tackling drug misuse is a complex problem, demanding many responses. It is explicit within the strategy that to effectively tackle drug misuse, the various pillars of the plan cannot operate in isolation."

While Pearson defended current policies, anti-drug crusader Alistair Ramsey, former director of Scotland Against Drugs, was fulminating against too much emphasis on treatment. "We must never lose sight of the fact that enforcement of drug law is a very powerful prevention for many people and, if anything, drug law should be made more robust," he told the newspaper. "The current fixation with treatment and rehabilitation on behalf of the Executive has really got to stop."

Scottish Conservative justice spokeswoman Margaret Mitchell joined the attack: "I accept Wood's sincerity, but this is a very dangerous message to go out. I would never say that we have lost the war on drugs. Things are dire, but we should never throw up the white flag," she said.

On Monday, Scottish Health Minister joined the fray, comparing eliminating drug use to providing healthy school lunches. "If you'd said Scotland's kids would be eating more healthily in school, they would have said it couldn't be done, so I'm very positive about these matters. We need to be positive and there's different ways of doing this. We're working hard to make sure we're successful and I do believe we can win that war, but it's going to need a lot of hard effort," he insisted.

Wood's view did gain backing from groups like the Scottish Drugs Forum and the drug prevention and advice group Crew 2000. "I think Tom Wood is right. This is something our organization has been arguing for for a long time and it is good to see this is now coming into the mainstream," said Crew 2000 manager John Arthur.

Wood was unbowed Monday as he took pains to praise Scottish police. "The Scottish drugs enforcement agency is one of the best in Europe" he said. "However, we have to accept that police activity has not reduced supply. It has not made a difference to the price or the purity."

Canada: In Harm Reduction Bid, Vancouver Police to Stay Away From Overdose Calls

In a bid to reduce drug overdose deaths, police in Vancouver will no longer show up along with paramedics at drug overdose calls. That has already been unofficial practice for the past two years, but at a June 14 meeting, the Vancouver Police board voted to make it part of the department's official policy.

Citing Australian research that showed a police presence actually increased the likelihood of overdose deaths, Vancouver police suggested that if drug users do not fear arrest, they will be less reluctant to contact authorities in the event of an overdose, and in December 2003 began staying away from ODs. After a series of consultation with community groups, including the drug user group Vancouver Area Network of Drug Users (VANDU), the practice became established, if informal, policy by the end of the following year.

"Research presented at a Heroin Overdose Prevention Conference in Seattle in 2000 revealed that despite the fact that half of overdose cases are witnessed by another person, the greatest barrier in obtaining emergency medical help was the fear that police would attend and lay charges for drug use," wrote Vancouver Police Inspector Ken Frail at the time. "Rather than face police intervention, many witnesses to a drug overdose would respond in an inappropriate way. Sometimes a victim would be dropped in a public place hoping they would be found, sometimes an incomplete phone call would be made and the caller would leave before medical help arrived. Sometimes the overdose victim would be abandoned," he noted.

"Vancouver Police recognize that drug overdose cases are primarily medical emergencies requiring rapid response," Frail explained. "The new policy tends to restrict police attendance at overdose calls except in cases where public safety requires police attendance. The police role at a drug overdose call is clarified as 'assisting with life saving measures and public safety.'"

It worked for Vancouver in 2004 and 2005, and now the Police Board has made it official policy. It is a harm reduction measure American cities would do well to consider emulating.

Marijuana: West Hollywood Passes "Lowest Priority" Resolution

The West Hollywood, CA, City Council voted Monday night to approve a resolution calling on Los Angeles County sheriff's deputies to not "target adult marijuana users who consume this drug in private and pose no danger to the community." Although it is nonbinding, the resolution sends a strong message to LA County Sheriff Joe Baca about how the city of 35,000 wants its laws enforced.

West Hollywood now becomes the first Southern California city to adopt a "lowest law enforcement priority" measure toward marijuana similar to Oakland's successful 2004 Proposition Z initiative. But it may not be the last this year. Similar "lowest priority" measures are slated to go to the voters in Santa Barbara, Santa Cruz and Santa Monica in November.

https://stopthedrugwar.org/files/wammposter.jpg
medical marijuana poster from WAMM, Santa Cruz
The resolution was introduced by Councilman John Duran, and passed on a 4-0 vote. Duran and the council acted after local activists organized in the West Hollywood Civil Liberties Alliance filed a petition to put a lowest priority initiative to the popular vote. Given that city officials viewed LA County Sheriff Joe Baca as already not making marijuana law enforcement a high priority, and fearful of costs and "inflexibilities" associated with a ballot initiative, the council agreed to address the issue via a resolution after consulting with the Alliance.

The resolution says "be it resolved that the City Council of the City of West Hollywood hereby declares that it is not the policy of the City or its law enforcement agency to target possession of small amounts of marijuana and the consumption of marijuana in private by adults."

"Marijuana, you know, a joint or two is just so far down on the scale it doesn't seem worthwhile to allocate any sources to the enforcement of the marijuana laws," said Duran. "We've seen that marijuana use is certainly no more dangerous and destructive than alcohol use," Duran said. "The whole 'reefer madness' hysteria has worn thin."

While Sheriff Baca and his deputies may not be prowling West Hollywood for pot smokers, the agency is unsurprisingly not happy to be told how to do its job. Some Sheriff's Office officials were among the few public opponents of the resolution, and City Councilman Joe Prang, who is a high Baca advisor, abstained on the vote.

But Baca was being politic Monday afternoon. "We certainly in my office understand what pressure is," he told the Los Angeles Times, suggesting city officials were besieged by pot legalizers. "My belief is that the city needs to have its voice heard on the matter, and the question will remain to what extent is this resolution binding. We will look at it for all of our pluses and minuses and advise the City Council as to our position."

If the department decides it will not comply with the resolution, the city could terminate its $10 million annual contract to provide law enforcement services and seek another department to replace the Sheriff's Department. But that is unlikely, Duran told the Times. "That would put us in an awkward situation," he said."

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