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Marijuana: Texas Gubernatorial Candidate Kinky Friedman Says Legalize It

Independent Texas gubernatorial candidate Kinky Friedman said Wednesday he favors legalizing marijuana. In an interview with the Associated Press, the musician turned author turned would-be Lone Star state governor said legalizing the weed would keep nonviolent users out of prison, adding that he would seek the release of those currently behind bars for marijuana offenses.

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Kinky Friedman
"I think that's long overdue," Friedman said. "I think everybody knows what John McCain said is right: We've pretty well lost the war on drugs doing it the way we're doing it. Drugs are more available and cheaper than ever before. What we're doing is not working."

Friedman is running against incumbent Gov. Rick Perry (R), Democratic candidate Chris Bell, and Republican-turned-independent Carole Keeton Strayhorn, none of whom have called for marijuana legalization. According to the latest Rasmussen poll, Friedman may need a massive stoner voter turnout -- he came in last with 16%, compared with 18% for Bell, 22% for Strayhorn, and Perry with 33%. There is no run-off election in Texas.

The humorist and raconteur's campaign had originally been viewed as a joke by most observers, but at 16% of the vote, Friedman can have a real impact on the race. And as the campaign heads for its climax, he has been articulating serious positions on issues like immigration (send 10,000 Texas National Guard to the border), crime (send $100 million to Houston to help police a city awash with Katrina refugees), and taxes (less of 'em).

But all seriousness aside, it is Friedman's comic sensibilities that have always made him stand out. After graduating from the University of Texas at Austin, he formed the outrageously named Kinky Friedman & His Texas Jewboys, featuring tunes like the "Okie from Muskogee" parody "Asshole from El Paso," the self-explanatory "Get Your Biscuits in the Oven and Your Buns in Bed," and the anti-semitism-confronting "They Ain't Making Jews Like Jesus Anymore."

And he's still got it on the campaign trail. "I just want Texas to be number one in something other than executions, toll roads and property taxes," he said. As for the possibility of losing: "If I lose this race I will retire in a petulant snit," he said. "I'm not going to go out gracefully, I promise you."

Latin America: In Southern Colombia, It's Aid Out, Soldiers In

The US Agency for International Development (AID) has given up on an alternative development campaign designed to help farmers in southern Colombia switch to legal crops, the Houston Chronicle reported. The newspaper cited a Colombian government memorandum, and the report was implicitly confirmed by an unnamed US Embassy source in Bogota.

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eradication
According to the Colombian government document, US AID suspended the development program in southern Caqueta state, long a stronghold of the leftist rebels of the Revolutionary Armed Forces of Colombia (FARC), because the area was too dangerous for its workers and it lacked economic potential. With development assistance making up less than 10% of the $800 million the US is spending to wage the drug war in Colombia this year, US AID will channel funding to more secure areas.

"You can't be everywhere simultaneously, and you have to make choices," the unnamed embassy official told the Chronicle. "Resources have to be focused where they can be used most effectively."

With the US and Colombian governments having given up on developing the region, the departure of the US AID project clears the way as the Colombian military begins its largest ever campaign in the south. The US has spent more than $4 billion since 2000 to help the Colombian government obtain and maintain control in such areas, but now the economic advisers are leaving and the soldiers are coming.

US analysts and Colombian politicians contacted by the Houston Chronicle called the move a bad idea. "This is not a good way to win hearts and minds," said Sanho Tree, a Colombia expert at the Institute for Policy Studies in Washington. "We're driving people away from the government and into the hands of our declared enemies: the guerrillas and the drug traffickers," he told the Chronicle.

"This decision runs contrary to the whole concept of Plan Colombia," said Luis Fernando Almario, a congressman from Caqueta.

Adam Isacson, a Colombia expert at the Center for International Policy in Washington, told the Chronicle that writing off the war-torn south would be a grave error. Drawing parallels to the war in Iraq, he likened the current approach to saying: "Forget about the Sunni Triangle."

Marijuana: In Annual Harvest Roundup, 98% of All Marijuana Seizures Are Ditchweed

The fact may get lost in the hype about multi-million dollar outdoor marijuana garden seizures at this time of year, but the vast majority of all marijuana plants seized by law enforcement are ditchweed. For those who didn't grow up in the Midwest, ditchweed is feral marijuana descended from the hemp plants farmers produced as part of the war effort in World War II.

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National Guard marijuana (or more likely ditchweed) eradication team, Dodge County, Minnesota
Like the hemp plants whence it came, ditchweed has negligible levels of THC, the psychoactive component of marijuana. An old saying in the Midwest is that you could smoke a joint of it the size of a telephone pole and all you would get is a headache.

According to official DEA figures, police seized an estimated 223 million marijuana plants last year. But 219 million of them, or 98%, were ditchweed. That figure is in line with previous years. And a whopping 212 million plants came from Indiana alone. Missouri came in second with 4.5 million plants, Kansas third with 1.1 million, and Wisconsin fourth with 272,000. Most states reported no ditchweed seizures.

The DEA pays for the ditchweed eradication boondoggle, something for which National Organization for the Reform of Marijuana Laws executive director criticized it in a statement noting the annual seizure figures. "The irony, of course, is that industrial hemp is grown legally throughout most of the Western world as a commercial crop for its fiber content," he said. "Yet the US government is spending taxpayers' money to target and eradicate this same agricultural commodity."

Your tax dollars at work.

Feature: Living on Katrina Time -- Lost in Louisiana's Gumbo Gulag

New Orleans resident Pearl Bland was arrested and jailed on drug paraphernalia charges in August 2005, just weeks before Hurricane Katrina devastated the city. She pleaded guilty on August 11, and her judge ordered her released the next day for placement in a drug rehabilitation program. Recognizing Bland was indigent, he waived the fines and fees. But Bland was not released the next day. The Orleans Parish Prison (OPP) instead held her because she owed $398 in fines and fees from an earlier arrest. She had one more court hearing in August and a September 20 status hearing was set where in all probability the fines and fees would have been waived.

Pearl Bland never got her September hearing. Instead, once Katrina hit, she joined thousands of prisoners stuck in purgatory. After suffering beatings from her fellow inmates in the OPP as deputies shrugged their shoulders, Bland was evacuated, first to the maximum security state prison at Angola and eventually to a jail in Avoyelles Parish. In June, she desperately contacted the American Civil Liberties Union (ACLU), which in turn contacted attorneys with the Tulane University Criminal Law Clinic, who managed to win her release on June 28. Bland wasn’t there for her release hearing, just as she hadn’t been present at four previous hearings in the preceding weeks, because her jailers couldn’t be bothered to deliver her to court.

"Pearl Bland spent 10 months in prisons around the state because of $398 in fines and fees that her judge would most likely have waived if she had ever gotten to court," said Tom Javits, an attorney with the ACLU's National Prison Project. "But because of the storm and the the response to it, she didn’t get her day in court for months, and then only because she sought out help," he told the Drug War Chronicle.

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ACLU report
It would be bad enough if Pearl Bland were a fluke, but sadly, her case is typical of what happened to people unfortunate enough to be behind bars when Katrina hit or to be arrested in the storm's aftermath. As the ACLU National Prison Project and the ACLU of Louisiana documented in their early August report, "Abandoned and Abused: Orleans Parish Prisoners in the Wake of Katrina," thousands of New Orleanians in custody when the storm hit were left on their own as guards fled the rising waters. Since then, those prisoners have been scattered to the winds, left without counsel, abused by guards, and left to rot by a justice system that is seemingly content to forget all about them. And with post-Katrina reconstruction bearing a very heavy law enforcement imprint, they have been joined by thousands more, many of them imprisoned for trivial crimes like spitting on the sidewalk, public drunkenness and simple drug possession.

A year after Katrina, thousands of prisoners have never seen an attorney, never been arraigned, never appeared before a judge. Scandalously, no one has a firm count -- or if they do, they're not telling. "Nobody knows the numbers," said law professor Pamela Metzger, who heads the Tulane Law School Criminal Law Clinic and whose students have been going into Louisiana jails and prisons in search of the Katrina prisoners. "When we ask the district attorney's office to assist us with this, just so people can get lawyers, they say it's not their job. Just since June, my students have been able to track down and get released about 95 people," said Metzger. "But we just have no one of knowing how many are in jail."

When the Chronicle asked ACLU of Louisiana executive director Joe Cook the same question, he had a similar answer. "I don't know what the number is. Ask the district attorney," he said.

The New Orleans district attorney's office did not return repeated calls seeking information on the number of people arrested before or after Katrina who have yet to see a lawyer or have a court hearing. Similarly, and perhaps indicative of the state of affairs at the public defenders office, no one there even answered the phone despite repeated calls. (That's not quite true. On one occasion, a woman answered, but she said she was an accountant and no one else was in the office.)

Published estimates of the number of New Orleans prisoners denied their basic rights to counsel and speedy trial have ranged between 3,000 and 6,000.

Part of the problem is the nearly total collapse of the indigent defender system in the city. It was in terrible shape before the storm hit, and collapsed along with the rest of the criminal justice system in the storm's wake. But while authorities were quick to get law enforcement up and running, it took until June for the criminal courts to begin to operate, and the public defenders' office, which depends on revenue from fines to finance its operations, was running on fumes. Now, nearly three-quarters of the public defenders have simply left even though they are needed to represent about 85% of all criminal defendants in the city.

The situation aroused the attention of the US Department of Justice, which in a report released in April concluded that: "People wait in jail with no charges, and trials cannot take place; even defendants who wish to plead guilty must have counsel for a judge to accept the plea. Without indigent defense lawyers, New Orleans today lacks a true adversarial process, the process to ensure that even the poorest arrested person will get a fair deal, that the government cannot simply lock suspects [up] and forget about them... For the vast majority of arrested individuals," the study found, "justice is simply unavailable."

The situation is also beginning to grate on the nerves of New Orleans judges. In May, Chief Judge of the Criminal District Court Calvin Johnson issued an order requiring everyone charged with traffic or municipal offenses to be cited instead of jailed. The city has "a limited number of jail spaces, and we can’t fill them with people charged with minor offenses such as disturbing the peace, trespassing or spitting on the sidewalk... I’m not exaggerating: There were people in jail for spitting on the sidewalk," he complained.

Last week, another New Orleans criminal court judge, Arthur Hunter, made the news when he threatened to begin holding hearings this week to release some of the prisoners held for months without attorneys or court hearings. That was supposed to happen Tuesday, but it didn't. Instead, Judge Hunter postponed the hearing after prosecutors raised concerns.

While disruptions in the system were inevitable in the wake of Katrina, Tulane's Metzger laid part of the blame on the district attorney's office. "They have made some poor resourcing choices and they are hampered by a sort of knee-jerk response that everything has to be prosecuted to the fullest extent. They are not really looking to clear cases; instead they let people sit without lawyers until they're willing to plead guilty," she said. "It's a form of prosecutorial extortion."

It is not just people who were in jail when Katrina hit, but many of those arrested since who have vanished into the gumbo gulag, said Metzger. "Last week we found a man who had been jailed at the Angola maximum security prison since January. He was picked up for drug possession, his only prior was for marijuana, and he's been sitting in one of the meanest prisons in the country without even seeing a lawyer for eight months," she exclaimed. "We won an order for his release. He was supposed to get out Tuesday, but he's still in jail. We just don’t know how many more there are like him."

The district attorney's office is not only uncooperative, it is downright obstinate, Metzger complained. "We filed a right to speedy trial claim on behalf of a man named Gregory Lewis who had already served 10 months on a drug misdemeanor with a six-month maximum. The district attorney's office fought that, and their motion actually said, and I quote, 'It's not unreasonable to hold alleged drug addicts in jail longer than other people; it allows the deadly drugs to leave their system,'" she said.

The district attorney's office motion referred obliquely to detoxification, which is ironic given that there is now no such facility in New Orleans. "There is not a single detox bed in the whole city," said Samantha Hope of the Hope Network, a group that is seeking private funding to open a treatment and recovery center in the heart of the city. "Most folks in OPP right now are people who couldn’t get access to treatment for an alcohol or drug problem. That's the way it's been since day one," she told the Chronicle. "Rather than criminalize people with an alcohol or drug problem, we need to find a way to give them support. Confronting our money-eating corrections system, our good ol' boy network, and racism, that is hard to do."

The Tulane students have filed some speedy trial cases, but not everyone is fortunate enough to have a Tulane law student working his case so he can file a speedy trial claim. "In order to file a motion for a speedy trial, you have to have a lawyer, and thousands still do not have counsel,' explained ACLU of Louisiana's Cook. "The indigent defense system was broken long before Katrina hit, and now it is just a disaster," he told the Chronicle.

Drug war prisoners make up a significant but unknown number of those doing "Katrina time," said Cook. "It is definitely a significant proportion of them," he said, "but many of them have not even been formally charged. In New Orleans, as in most large urban areas, it's probably safe to say that a plurality of felony arrests are drug-related."

There are solutions, but they won't come easily. "We have to have a public defender's office that is funded with secure, predictable funding," Metzger recommended. "We have to get beyond relying on fines to fund that office. If we had had public defenders, there would have been someone watching to catch the abuses," she said.

"Second, we need to have prosecutors who understand their obligations to the community," Metzger continued. "Their job is not simply to get convictions but to do justice, and what that means will vary according to the individual facts and circumstances. What post-Katrina justice requires is not what justice required before Katrina. If you were living in New Orleans in the fall of 2005 and you weren’t drunk or high, there was probably something wrong with you. Everyone was medicated or self-medicating."

Cook had his own set of recommendations for a fix. "First, we turn up the heat. I just visited the DA this morning and asked him to speed up processing," he revealed. "We want to ensure there is a coordinated emergency evacuation plan for all the prisons and jails and we've asked the Justice Department's civil rights division to look at what happened at OPP and since. Part of that will be looking at why these people didn’t get defense counsel or have their day in court."

Turning up the heat is precisely what one recently formed community group is trying to do. And it's not just the prosecutors and public defender system it is targeting. "The police department has taken a new view of who belongs in the city now, and that view doesn’t include poor black people," said Ursula Price of Safe Streets, Strong Communities, a group organizing people who were in the jail or otherwise brutalized by police. Safe Streets, Strong Communities is running two campaigns, one to strengthen the indigent defender system and one about improving conditions at the jail itself. "They tell our members 'you shouldn’t have come back, we don't want your kind here,'" she told the Chronicle. "Race is an issue, economics is an issue, and our teenage boys are bearing the brunt of it. They are harassed all the time by the police."

It is a matter of choices, said Price. "We have as many cops as before the storm, and half as many people, and we just gave the cops a raise. The city finance department deliberately spends the vast majority of its money on public safety, and then there is nothing left for social services, which are deliberately being sacrificed," she said. "But I'm encouraged because the community is starting to take note. When people found out we were spending half a million dollars a week on the National Guard without it having any impact, they started to get mobilized."

Cook had a full list of needed reforms, ranging from downsizing the jail population by stopping the practice of using it to hold state and federal prisoners, to creating adequate programming for health care and treatment within the jail, to decreasing the number of people held as pretrial detainees. "We need pretrial diversion, bail reform, and cite and release policies to hold down the jail population," he argued. "There needs to be the political will to do this. It's a crime to jail a kid when there is a choice, and there are many other choices. And we ought to be treating drug abuse as a public health issue, not a law enforcement issue."

The prospects look gloomy. "It is going to take enlightened leadership, and I see only a glimmer of hope for that," said Cook. "But we are not giving up. The state juvenile justice system is finally undergoing reforms because of pressure from families and activists, and I think it will take the same sort of effort to fix things at the adult level and here in New Orleans, at the parish level. That is already happening here with the OPP Reform Coalition, the Safe Streets people, and all that."

But there is a long, long way to go in New Orleans.

Sentencing: Illinois Drug War at Full Throttle, Study Finds

A study released Tuesday by Roosevelt University's Institute for Metropolitan Affairs in Chicago has found that Illinois is second only to California when it comes to locking up drug war prisoners. Some 13,000 drug offenders were sent to prison in Illinois in 2002, second only to California's nearly 40,000. Illinois trumped states with larger populations, such as Texas and New York.

It's not just raw numbers where Illinois ranks high, according to "Intersecting Voices: Impacts of Illinois' Drug Policies". When it comes to drug possession prisoners per capita, Illinois again ranks second in the nation, trailing only Mississippi and throwing people in prison for drug possession faster than "lock 'em up" states like Oklahoma, Missouri, Georgia, and South Carolina.

Not in the least surprisingly, the study, authored by researchers Kathleen Kane-Willis and Jennifer Janichek (a member of the board of directors of Students for Sensible Drug Policy), found that although whites and blacks used illicit drugs at the same rates, blacks were imprisoned at a rate of six for each white drug offender. Here, Illinois can claim first place nationally in the per capita rate of African Americans imprisoned for drug offenses.

"The number of people who face incarceration in Illinois for drug possession -- and the racial disparity of those who are incarcerated -- is just staggering," said Kathleen Kane-Willis, lead author of the study and assistant director of the Institute for Metropolitan Affairs.

What is also staggering is the explosive growth in drug war prisoners in Illinois. In 1983, drug offenders made up 4.9% of the state prison population; in 2002, they made up 37.9%. The drug war prisoner population grew from a little over 400 in 1983 to almost 13,000 in 2002, a mind-bending 2,748% increase in two decades.

Also staggering is the cost of locking up thousands of nonviolent drug offenders. The study estimates that Illinois spent about $280 million to imprison drug offenders in 2002. There is a better way, said Kane-Willis. "Drug abuse is a public health problem, and our study suggests that treatment for drug offenders is more appropriate, more cost-effective and has better results than incarceration."

Marijuana: Colorado Legalization Backers Turn In 110,000 Signatures in Ballot Bid

Organizers of an initiative that would legalize the possession of up to an ounce of marijuana in Colorado turned in more than 110,000 signatures to the secretary of state Monday afternoon. The initiative needs 67,829 valid signatures to make the November ballot.

If the measure makes the ballot, Colorado will join Nevada as states where voters will have a chance to decide on removing all criminal penalties for the possession of personal amounts of marijuana by adults. Currently, Alaska is the only state to allow adults to legally possess marijuana -- up to one ounce in the privacy of their homes.

Organized by SAFER Colorado, the initiative is an effort to replicate the success the group had in Denver last year, where residents voted to legalize the possession of up to an ounce under city ordinance. Denver police and prosecutors, however, have ignored that vote and continue to ticket and arrest people under state law.

"This past November, the people of the city of Denver voted to make the possession of up to one ounce of marijuana legal for adults under city ordinances," said SAFER campaign director Mason Tvert. "Yet our cowardly city officials blatantly ignored the will of the people and have continued arresting and prosecuting Denver residents under state law for making the safer choice to use marijuana instead of alcohol. We think that is wrong, and it appears more than 110,000 people in the great state of Colorado agree with us."

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