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Chronicle AM -- December 19, 2013

Today we have a plethora of pot polls, hope on banking, an important decision by Washington state regulators, and hints of change to come from Canada's Tories, among other news. Let's get to it:

Marijuana Policy

AP Poll Finds Opposition to Legalization Declining. In a poll released Thursday, the Associated Press found opposition to legalizing small amounts of marijuana declining, from 55% in 2010 to 29% now. At the same time, the poll reported support for legalization rising from 33% to 36%. The poll included an option for "neither support nor oppose," with 33% choosing that response. While support is up slightly, according to the poll, a good chunk of those opposed in 2010 have moved to "neither support nor oppose" now.

Wall Street Journal Poll Explores Attitudes on Where Marijuana Should Be Sold. In a poll released Thursday, the Wall Street Journal found that the most popular locations where Americans wanted legal nmarijuana to be sold were pharmacies (69%), followed by pot shops (60%), liquor stores (39%), coffee shops (17%), and supermarkets (13%). The poll also reported that 53% said the sale and possession of small amounts should not be legal, but that 80% said it should be regulated like alcohol. Go figure.

Arizona Pot Polls All Over the Place. Three Arizona polls on marijuana legalization have come up with wildly different results. Two polls from earlier in the year had support for legalization at 56% and 60%, but one just released had support at only 39%. That one is from Susquehanna Polling and Research, which only does polls for candidates who are Republicans and which had Romney beating Obama in Pennsylvania three days before the 2012 election. Obama won the state by five points.

Relief on Banking Could Come Early Next Year. Marijuana businesses could enjoy access to banking and financial services early next year, Jack Finlaw, chief legal counsel to Colorado Gov. John Hickenlooper (D) said Thursday. "What we're being told," Finlaw said during a teleconference, "is probably in the first quarter of 2014 there will be some guidance issued that's comparable to the Cole memo from the Department of Justice that will give, maybe not a green light, but a yellow light to banks to allow them to do business [with marijuana businesses] -- to take deposits, to set up checking accounts, to set up small business loans, to allow these businesses to accept purchases through debit cards or credit cards, to allow what normal businesses are allowed to do." The comment comes after a meeting of the Bank Secrecy Advisory Group in Washington, DC, last week.

St. Louis Legalization Debate Packs 'Em In. A Wednesday night debate on marijuana legalization filled the St. Louis Ethical Society to overflowing as Show Me Cannabis Regulation executive director John Payne took on Missouri Narcotics Officers Association vice president John Grellner for 90 minutes of heated, but polite debate. Show Me Cannabis is working to put a legalization initiative on the ballot next year.

Medical Marijuana

Washington Regulators Recommend Letting Patients Keep Their Personal Grows, But Eliminating Collective Grows. The state Liquor Control Board has reversed itself and is now recommending that patients be able to keep their grows of up to six plants. "Allow home grows and the ability for a qualified patient or designated provider to possess marijuana plants. A qualified patient or designated provider may possess 6 plants, 3 flowering and 3 nonflowering," the board recommended. But it also recommended eliminating collective gardens, the backbone of the state's dispensary system.

New York Medical Marijuana Bill Gets Long Island Public Hearing. A medical marijuana bill, the Compassionate Care Act, got a public hearing Wednesday in the chamber of the Nassau County Legislature. It had one earlier this month in Buffalo. The hearings are designed to mount public pressure on the state Senate to get the bill through.

International

UN Security Council Has "Deep Concerns" About West African Drug Trade. In a presidential statement Wednesday after a briefing from UN Secretary General Ban Ki-moon, the UN Security Council expressed "deep concern" about a growing drug trade in West Africa and its links to terrorism. Ki-moon told the Security Council $1.2 billion worth of cocaine transits the region each year, where governments are weak, borders are porous, and extremists are on the march.

Canada's Tories to Modernize Marijuana Laws? Canada's governing Conservatives could modify the country's pot laws, Justice Minister Peter McKay hinted Wednesday. Fining marijuana users instead of arresting them is one possibility, he said. "That doesn't mean decriminalizing or legalizing, but it does mean giving police options, for example, to issue fines in addition to any other sanctions, or as a substitute for other sanctions," MacKay told QMI Agency. "These are things that we are willing to look at in the new year, but there's been no decision taken."

Chronicle AM -- December 13, 2013

It looks like Washington state medical marijuana patients will continue to be able to grow their own, Seattle City Attorney Pete Holmes wants to welcome pot tourists, the Michigan Senate takes aim at welfare drug users, Indian Maoists are profiting from prohibition, and more. Let's get to it:

India's Maoist Naxalities -- profiting from prohibition. (wikimedia.org)
Marijuana Policy

Seattle City Attorney Wants to Accommodate Pot Tourists. Seattle City Attorney Peter Holmes has warned the city council against passing rules that will make it harder for tourists to enjoy legal marijuana. "We need to recognize that tourists are coming to this state to sample wine, to sample Washington marijuana, to sample any of the attributes of this destination city; that we accommodate that somehow," he told KPLU FM.

Medical Marijuana

Washington State Leaning Toward Allowing Home Medical Marijuana Grows. Members of the state Liquor Control Board signaled Friday they will recommend medical marijuana patients continue to be allowed to grow their own medicine. The state Health and Revenue departments and the liquor board had earlier proposed outlawing home growing once I-502 takes effect, but aroused a storm of outrage from patients and their supporters. The board is expected to formally recommend allowing the grows next week.

Colorado Could Cut Patient Fees. State health officials want to reduce the fee paid by licensed medical marijuana patients. The Board of Health will hear a proposal next week to drop the annual fee from $35 to $15. That's because the fund that pays for the patient registry has a $13 million surplus, and the fee is not supposed to be about generating revenue, just paying for the costs of the program. There are nearly 113,000 registered patients in the state.

Second Hearing Held on Guam Medical Marijuana Bill. A pending medical marijuana bill on Guam got a second public hearing Thursday. The island's public health director said he could not support the bill because there was no funding for regulation, but patients and medical marijuana supporters testified in support of the bill. The measure, Senate Bill 215, remains alive, and cosponsor Sen. Tina Muna Barnes said she was working on amendments based on feedback from the public.

Drug Testing

Michigan Senate Approves Welfare Drug Testing Bill. The Michigan Senate Thursday approved Senate Bill 275, which would set up a pilot program to start subjecting some welfare recipients to drug testing. Recipient would be screened and those for whom there was "a reasonable suspicion" of drug use would have to submit to a drug test. A first failed drug test would result in a referral to treatment, a second would result in loss of benefits. The Republican-supported bill passed on a straight party line vote. Similar legislation has been approved in the House.

Sentencing

Report Reviews Changes in Federal Sentencing Since Booker. A new report, Legal Change and Sentencing Norms in Federal Court: An Examination of the Impact of the Booker, Gall, and Kimbrough Decisions, finds that not that much has changed. A series of Supreme Court decisions beginning with Booker held that federal sentencing guidelines are merely advisory, and expectations were that their impact would be significant. But "the findings suggest that sentencing policy changes at the national level -- including reforms mandated by these cases -- neither uniformly nor dramatically transformed sentencing practices. Factors in individual cases were the largest predictor of sentencing outcomes over all time periods. Sentencing behavior across districts changed incrementally over time but did not dramatically shift during major policy changes."

International

Indian Maoists (Again) Linked to Black Market Marijuana Trade. India's long-festering revolutionary Maoist movement, the Naxalites, is once again linked to the illicit trade in drugs. Officials in Odisha are complaining that they cannot eradicate the Naxalites until they "have control over the illegal cultivation of cannabis, which, according to intelligence sources, has become a major source of funding for the Maoists." Six of eight named districts where large-scale pot growing is "a well known fact" are known as "highly Naxal-infested districts." The state government is engaged in manual eradication, but is considering aerial spraying.

Costa Rica Public Opinion Not Ready for Marijuana Legalization. Costa Rica is not ready to legalize marijuana, according to a new public opinion poll. The survey from the School of Statistics at the University of Costa Rica found that only 15% favored legalization, while 50% were opposed. Medical marijuana fared better, with 53% in favor.

British Activist to Open "Cannabis Café" in Manchester. Notorious marijuana activist Colin Davies, who once handed a bouquet of flowers including marijuana to the queen, has announced plans to open a cannabis café in Manchester. Davis, who was once jailed for marijuana trafficking, said no pot would be sold at the café; instead it will be BYOB. Marijuana remains a Class B drug in Britain, so Davis should be looking for a police reaction.

UN Drug Chief Warns of Afghanistan "Narco-State"

Afghanistan could collapse into a "full-fledged narco-state" as the looming withdrawal of US and NATO combat forces creates a gaping hole in the center of the country's economy, Yuri Fedotov, the head of the UN Office on Drugs and Crime (UNODC) warned Wednesday.

In an interview with Reuters, Fedotov noted that the Western forces generate about a third of all jobs and investment in Afghanistan. They are due to leave the country by the end of next year, and even the presence of a residual force of up to 10,000 fighters is increasingly in doubt as the US and Afghan haggle over a status of forces agreement that would allow them to stay.

The other major economic activity in the country is opium production, processing, and distribution, including the manufacture of heroin from raw opium, which accounts for roughly another third of the national economy. Since the US invaded Afghanistan in October 2001, it has consistently been the world's leading source of illicit opium production, accounting for nearly 90% of all poppies produced worldwide.

Multi-hundred million dollar annual cash flows associated with the opium economy have benefited the Taliban insurgency, which taxes farmers in areas it controls as well as engaging in or protecting drug trafficking. They have also benefited corrupt Afghan government officials and associated warlords.

Fedotov, whose native Russia has been flooded with Afghan heroin, said Wednesday that an upcoming UNODC survey due later this month will show increases in both opium cultivation and production.

"The situation is worsening, that is clear and very disappointing," he said. "It is a very serious setback, but we need to take that as a warning shot," he added, calling for increased international assistance.

"That is also fertile ground for corruption and other forms of transnational organized crime. It is a multi-faceted challenge and we need to take that as a serious problem," Fedotov warned. "Otherwise we have a serious risk that without international support, without more meaningful assistance, this country may continue to evolve into a full-fledged narco-state," he said. "We have not been able to develop an alternative economy in Afghanistan," Fedotov said. "With all our efforts, it was very hard to move from illicit to licit."

Oh, and those Afghan farmers? When they're not producing opium, they're producing cannabis. Afghanistan is also one of the world's preeminent producers of it, according to UNODC, and production was up again last year, the group reported last month.

Afghanistan

Peru Retakes Spot as World's #1 Coca Producer

And the wheel turns. Twenty years ago, Peru produced about 60% of the world's coca crop, from which cocaine is derived. But crop disease and aggressive anti-trafficking efforts in Peru hurt output there even as cultivation blossomed in Colombia, which took first place honors by the turn of the century.

coca leaf statues in Peruvian village (Phillip Smith)
But now, according to the UN Office on Drugs and Crime (UNODC), Peru has regained its status as the number one producer. In a report issued last week, UNODC estimated that Peru had 151,000 acres of land devoted to coca production, compared to 125,000 acres in second place Colombia and about 63,000 acres in third place Bolivia.

Just as aggressive eradication and interdiction campaigns in Peru -- including a US-aided policy of shooting down suspected drug trafficking planes -- reduced the coca supply there in the 1990s, the massive US aid program known as Plan Colombia, with its aerial fumigation and aggressive eradication programs, has managed to shrink production in Colombia.

At its peak in 2000, Colombia accounted for 90% of the world's cocaine, with about 400,000 acres planted with coca. Since then, that figure has shrunk by about one third.

But in a clear example of "the balloon effect," Peru has taken up the slack, and has been well-situated to take advantage of growing Brazilian and European demand for cocaine. Peru's reemergence as the global coca leader comes despite renewed efforts by President Ollanta Humala to crack down on coca cultivation, as well as the trafficking and armed rebel groups -- remnants of the feared Shining Path insurgency of the 1980s -- who protect and profit from it.

Peru actually managed to decrease cultivation this year by about 4,000 acres, or 3.4%, according to UNODC. But given continuing declines in Colombia and stable, lower-level production in Bolivia, the country retakes first place even with the decline.

Unlike Colombia, both Peru and Bolivia have long histories of indigenous coca use, and both countries have large legal coca markets. But according to the UNODC, of Peru's estimated 129,000 tons of dried coca leaves, only 9,000 tons were destined for the legal market. That leaves 120,000 tons of leaves ready to be turned into cocaine hydrochloride and snorted up noses in Rio de Janeiro, Rome, and Riyadh.

Peru

India Police to Spray Maoist Rebels' Marijuana Crops

Police in the eastern Indian state of Orissa said Friday they planned to use aerial spraying to eradicate marijuana crops cultivated by Maoists rebels, the Times of India reported. There was no mention of what agent might be used to kill the crops.

Maoist Naxalite rebels (platypus1917.org)
For decades, the Maoist rebels, also known as Naxalites, have waged a low-level guerrilla campaign against the Indian state beginning in West Bengal in the 1970s. Their presence has spread through eastern and southern India, and by 2006, they boasted 20,000 cadre in arms and another 50,000 in close support.

The Indian government went on the offensive against the Naxalites in 2009 and has managed to reduce the groups' presence and the number of casualties since then. But Naxalites remain an active force; in May, they attacked an Indian National Congress rally in Chhattisgarh, killing 29 people, including high ranking party members.

Police said Friday that farmers are growing marijuana at the behest of the Naxalites in remote districts where it is difficult for them to go, and that spraying would be the best option.

"Cannabis cultivation and its trade is a major source of income for Maoists. To clip their wings, we have to clampdown on cannabis cultivation," said a senior police official. "We are exploring the possibility of using aerial spray to destroy cannabis in remote areas of the state," he said.

Police, joined by excise, revenue, and forest service officers have already been eradicating pot fields, but managed to destroy only 1300 acres last year and 1500 the year before that. They said marijuana production was prevalent in Rayagada, Malkangiri, Gajapati, Kandhamal, Angul, Sambalpur and Boudh districts.

India

Peru Rebels Call on Farmers to Defend Coca Crops

Remnants of Peru's Shining Path guerrillas are calling on coca farmers in the country's south-central coca-producing region to take up arms to defend their crops against government eradicators. The call came in a recording made by the rebels and broadcast on local radio, according to a report in the Lima daily El Comercio.

drying coca leaves in Peru's Ayacucho province (Phillip Smith)
The radio broadcast in Ayacucho province came last week, just one day after Sendero Luminoso guerrillas handed out pamphlets in nearby Huancavelica calling on coca farmers to confront eradicators "with arms in hand."

The guerrilla remnants, a mere shadow of the fearsome insurgency that cost the country some 75,000 lives in the 1980s, operate in Peru's most productive coca-producing region, a series of ultra-montane river valleys known by its Spanish acronym as the VRAEM (Apurimac, Ene, and Mantaro River Valleys). The current Senderistas have shed the hyper-Maoist ideology of their long-imprisoned leader Comrade Gonazalo (Abimael Guzman) and now operate as well-armed and often uniformed protectors of producers and traffickers in the coca and cocaine trade.

Peru and Colombia are currently the world's largest coca and cocaine producers, with Bolivia in third place.

Peruvian President Ollanta Humala has pledged to wipe out the Senderistas in the VRAEM and has vowed that eradication will take place there this year. His government has already begun building military bases in the remote region.

Peruvian soldiers and police are already being targeted by Senderistas in the VRAEM. Dozens have been killed in guerrilla attacks in the past two years alone.

Peru

Afghan Opium Cultivation Rising, Officials Say

Illicit opium poppy production cultivation in Afghanistan is on the increase this year, the Afghan Ministry of Counternarcotics said Monday. The increase comes despite efforts to target traffickers and to provide alternate development opportunities for farmers.

Afghan opium poppy fields bloom (UNODC)
Opium is the raw material from which heroin and other narcotics are derived.

Opium production has been a mainstay of the economy in the war-ravaged country ever since the US and NATO forces invaded in October 2001. Prior to the invasion, the Taliban had allowed poppy growing up until 2000, when a ban dramatically lowered production. But production took off again after the invasion, and for the past decade, Afghanistan has accounted for the vast bulk of global opium production, producing as much as 90% of the total supply.

Efforts to suppress opium production have been half-hearted and ineffective, in part because doing so threatens to drive poppy-producing peasants into the hands of the Taliban and in part because Afghan officials are themselves implicated in the trade.

Qayum Samir, a ministry spokesman, told Radio Free Europe Monday that 157,000 hectares are being planted with poppies this spring. That's up by an estimated 3,000 hectares over last year. Samir said the rise in production could be blamed on lack of security (read: lack of effective government control) and widespread poverty.

He said the Karzai government and the ministry have set up special task forces to eradicate opium plantings in four southern and southeastern provinces -- Farah, Helmand, Kandahar, and Nimruz. Those provinces are also areas where the Taliban is strong. Samir said task forces in other parts of the country would come later.

Kabul
Afghanistan

Colombia's FARC Wants Legal Coca Cultivation

In peace talks in Havana Tuesday, Colombia's FARC guerrillas called on the Colombian government to consider legalizing coca cultivation. The proposal was part of the FARC's broader proposal on agrarian development and land reform.

FARC negotiator Rube Zamora (pazfarc-ep.blogspot.com)
The proposal came one day after the FARC ended its self-imposed cease-fire (the Colombian government never agreed to a cease-fire during the peace talks) and launched a series of attacks on security forces, leaving at least one soldier dead.

The FARC is a socialist político-military formation that has been in rebellion against the central government in Bogota since 1964. Its military strength seems to have peaked about a decade ago, but it remains a potent forcé in some sectors of rural Colombia.

After first opposing the cultivation of coca among the peasantry, it gradually shifted to supporting and taxing it, and the group has had some involvement in the cocaine trade as well. Colombia is either the world's largest or second largest coca and cocaine producer, depending on which figures you believe. That's despite more than $7 billion in US anti-drug and counterinsurgency assistance since 1999 and massive, years-long aerial fumigation campaigns.

In its agrarian reform proposal, FARC negotiator Rube Zamora called on the government to "contemplate actions regarding the cultivation of illicit crops to transition toward substitute or alternative production or for their legalization for medicinal or therapeutic ends or cultural reasons."

More broadly, the FARC called for the creation of a "land bank" of unused or underused areas that could be distributed to landless peasants and for a more democratic method of rural planning. The land would include "latifundia," or large rural estates, confiscated from drug traffickers. The proposal marks a retreat from the previous FARC position that called for the seizure and redistribution of all latifundia.

There is no word on the Colombian government's response to the proposals. Both parties in the talks have agreed not to talk publicly about their progress. They restarted Tuesday after going on hiatus for the Christmas holidays.

Havana
Cuba

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Peru Coca Crop Keeps Getting Bigger

coca leaf statures, Rio Apurimac Valley (stopthedrugwar.org)
Coca cultivation in Peru increased again last year, up 5.2% over 2010, according to the 2011 coca monitoring survey conducted by the United Nations Office on Drugs and Crime and the Peruvian government. That was the sixth straight year of increases in coca cultivation and leaves Peru just behind Colombia when it comes to acres planted.

The survey estimated Peruvian coca planting at 157,000 acres, with government-led eradication efforts destroying only about 25,000 acres, down 14% from the previous year. The UNODC estimated total coca leaf output of 131,3000 tons, up 4.3% over 2010.

Half of the Peruvian crop is planted in the Apurimac, Ene, and Mantaro valley region in the southeast, but the biggest increase in cultivation came in the northern states of Bajo Amazonas, Maranon, and Putumayo, with a regional increase of 40.4%.  Production in those states is on the increase to meet the demand for cocaine and crack cocaine in Europe and Brazil, which is the second leading consumer country after the United States.

"Drug traffickers are becoming more efficient," said Flavio Mirella, the head of the agency's Peruvian office, at a Lima press conference. "Traffickers need less coca leaf to produce more cocaine. Routes of supply are diversifying and producing areas are getting closer to certain routes of exit" toward Brazil and through Bolivia to Brazil and beyond.

Guerrillas of the leftist Shining Path have also been involved in the coca and cocaine trade, and have stepped up attacks on Peruvian police and military this year. President Ollanta Humala has vowed to increase both eradication and the presence of the state in remote, guerrilla-infested coca production areas.

Peru

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