The Speakeasy Blog
Can We Fix the Crack/Cocaine Sentencing Disparity Already?
He says it’s about time to fix the darned thing. It’s an opinion to which Sterling is certainly entitled. He actually wrote the law.
Congress should do what it tried to do in 1986 — make the Justice Department focus exclusively on high-level cases because state and local law enforcement cannot. There are three elements to fix the problem: Raise the quantity triggers for all drugs to realistic levels for high-level traffickers, such as 50 or 100 kilos of cocaine, and end the crack/powder imbalance; Require the attorney general to approve prosecution of any case involving less than 50 kilos of cocaine; Analyze federal drug cases district by district to identify agents and prosecutors who waste their time and our money. If only high-level dealers were being prosecuted by the feds, no one would have cause to complain about the race of the defendants.
Drug policy reform would go a lot faster if there weren’t so many different harmful laws to be changed. I bet we could have fixed the sentencing disparity years ago if it weren’t for that stupid HEA Drug Provision.
I'm sick and tired of begging my fellow citizens to not throw me in jail...
Marijuana Delivery Services: They're Great
In a city where you can get just about anything delivered to your door - groceries, dry cleaning, Chinese food - pot smokers are increasingly ordering takeout marijuana from drug rings that operate with remarkable corporate-style attention to customer satisfaction.
An untold number of otherwise law-abiding professionals in New York are having their pot delivered to their homes instead of visiting drug dens or hanging out on street corners.
This enduring business is testament to the fact that marijuana’s popularity reaches far beyond the groups stereotypically associated with it. If you have your own address and can afford inflated prices, you can enjoy marijuana without being exposed to all the horrible outcomes made possible by prohibition.
So it should come as no surprise that the delivery service model is growing in popularity. Frankly, I doubt the authorities have much interest in getting involved, other than to seize a few million in assets here and there. And there’s surely more than a handful of powerful New Yorkers who definitely don’t want anyone interfering with this.
As a reformer, I’m intrigued by what’s been accomplished in New York. The specter of Amsterdam-style coffeeshops is still a bit much for voters, as we saw in Nevada this week. And medical clubs in California have had trouble with neighbors who sometimes can’t get comfortable with the idea of a local club, even if they’re supportive of Prop 215 in principle. Delivery might be the best way to address the needs of marijuana consumers without annoying other people.
We should regulate it.
Forfeiture Insanity: Three Cars for Oxycontin Possession
That’s right possession. Via The Agitator, the Morris County Prosecutor’s Office in New Jersey has gone crazy, drug war style. They’re cracking down on prescription drug abuse, primarily by indiscriminately confiscating automobiles from all sorts of people, including a cop.
From dailyrecord.com:
Parent Gerard Trapp, a Bloomfield police officer, said the seizure of three family cars is extreme, since neither he nor his wife knew of any alleged drug use by their son, and Trapp Jr. was charged with a relatively minor offense. He was never accused of being a dealer or supplier.
This sort of mind-numbing injustice comes naturally to many local-level drug warriors. I’m shocked, but only sort of, having been recently shocked over and over again by equally horrible tales of forfeiture abuse.
The Trapp family’s lawyer calls it extortion, probably because of this:
The prosecutor's office seized in July the family's 1992 Cadillac SDV, a 1995 Chevrolet Monte Carlo, and a 1994 Toyota Camry. Trapp said the prosecutor's office initially told him the three cars could be bought back for $3,000 and have since lowered the amount to $1,500 for all three vehicles. But the Trapps have not bought back their own vehicles.
Good for them. Most people would just cut their losses and get those cars back before they end up in the prosecutor’s garage. But apparently, the Trapps found their son’s minor indiscretion an insufficient justification for having police confiscate their property and demand cash for its return.
Alas, forfeiture thuggery and unscrupulous profiteering just go with the territory. Only by ending the drug war in its entirety can we do away with the daily injustices that too many Americans take for granted.
Roger Goodman Race
As of late last night but with only 36 out of 137 precincts reporting, Roger Goodman was leading with 55.7 percent in his race for state representative in Washington State -- despite his opponent quoting from DRCNet's interview in Drug War Chronicle with Roger published a few years ago in an attack mailing a short time before the election. For those of you who don't know who Roger is, he heads the King County Bar Association Drug Policy Project in Seattle, and the Voluntary Committee of Lawyers, a close ally of ours. Roger emceed our Perry Fund reception in Seattle in June of last year.
Of course it ain't over til it's over, but things are looking good for the Goodman campaign.
(This blog post was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)
A Disappointing Night for Reform
I was optimistic, particularly about South Dakota, but overall, tonight’s outcome is more disappointing than surprising. Legalizing marijuana by popular vote is a huge challenge, and while it hurts to lose, these are necessary steps in order to move the discussion forward.
And it’s exciting to see so many votes for reform. Surely, marijuana prohibition is the only criminal law that’s opposed by such a large segment of the population. Even in defeat, the results in Nevada and Colorado show that an eventual victory on this issue is clearly within striking distance.
Onward.
Looking Bad for the Statewide Marijuana Initiatives
Big Loss for Ernest Istook
Istook was the author of the ridiculous "Istook Amendment" which banned transit authorities from selling ad space to drug reformers and was quickly shot down by a federal judge in a no-brainer first amendment ruling.
Istook vacated his seat in the House to run for Governor, so it looks like he’ll now have plenty of time on his hands to re-familiarize himself with the Bill of Rights.
(This blog post was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)
Last Minute Lies in Nevada and South Dakota
In Nevada, the ironically-named Committee to Keep Nevada Respectable has produced a radio ad saying that the law will prevent workplace drug-testing. That’s a great idea for a law, but Question 7 doesn’t do anything like that.
Check out this lively debate between Neal Levine of the Committee to Regulate and Control Marijuana and Todd Raybuck of the Committee to Keep Nevada Respectable. When Levine points out that marijuana revenues currently support criminals, Todd Raybuck, a police officer, retorts that in his experience marijuana is usually exchanged casually between friends and family members, not dangerous criminals. Really, Todd? You’re making it sound like marijuana users are normal everyday people.
Meanwhile, in South Dakota, MPP’s medical marijuana initiative is being attacked with stone-age rhetoric courtesy of Save Our Society From Drugs.
This prohibitionists' radio ad — which is airing around the state — lies to voters, claiming, "Smoked marijuana is not medicine. In fact, every major medical association has rejected this notion." This is blatantly false: The American Nurses Association, the American Public Health Association, the American Academy of Family Physicians, the National Academy of Sciences, and many others recognize marijuana's medical value.
I don’t know why they’re even bothering to lie about a medical marijuana initiative. The results are in on MMJ laws: they’re harmless. Beyond that, teenage use has gone down in every state that’s passed one. SOSFD should save their energy for when we come around trying to legalize crack, since they’re so sure that’s what we’ll be doing.
I’ve had friends tell me I’m crazy if I think marijuana will ever be legal in this country, but honestly I’m surprised that it hasn’t happened yet. I’m surprised that with so many problems here and abroad, we’re still finding resources to target healthy people who aren’t causing problems. I’m surprised that our opposition remains so confident that a massive permanent international war is by far the best option.
Clearly, the tiny fraction of human history during which drugs have been illegal has been remarkably tainted by unprecedented drug-related social problems, and it takes a great fool to call it a coincidence.
Tomorrow brings the possibility of unlikely but important victories, so with high-hopes and low-expectations I’m keeping my fingers crossed. Stay tuned.
Ted Haggard Scores Small Victory in the Meth War
On Chris Matthews Sunday morning, Andrew Sullivan suggested that the evangelical community might want to take a step back from power politics and do some soul-searching. That’s one option, but for Colorado’s most demoralized evangelicals, let me recommend legalizing marijuana. Hey, at least it’s not meth.
Let's Not Forget Massachusetts
Manufacturer Advertises Marinol as "Legal Marijuana"
Drug warriors such as Andrea Barthwell and David Murray have argued strenuously that cannabinoid-based pharmaceuticals such as Marinol and Sativex are completely different from marijuana. They’ve bristled at Rob Kampia’s claims that Sativex is "liquid marijuana" and they’ve long used the availability of Marinol as an excuse to arrest patients who prefer cultivated marijuana instead.
Whether extracted or synthesized, THC-based medicines don’t include anything not present in the plant itself, so it’s ludicrous to argue that one can be medicinal and the other can’t. Yet they’ve done exactly that. Afterall, if this stuff is medicine, it sure as hell isn’t marijuana.
Thus I was rather surprised to come across this Google ad:
The link goes directly to the official Marinol website, sponsored by Solvay Pharmaceuticals. So while Barthwell is saying the stuff ain’t pot, Solvay is marketing their product as "legal marijuana."
Moreover, since Google ads are designed to offer products relevant to the web page on which they appear, Solvay’s ads target anyone interested in marijuana. Structured as such, this ad campaign will reach many recreational users and encourage them to become patients. I’m not saying that’s what they’re trying to do, but it's unusual to see a pharmaceutical company boasting that its product is legal.
Let’s assume Solvay is merely trying to inform the public that one needn’t break the law in order to enjoy the widely recognized medical benefits of marijuana. It’s perfectly understandable, and very smart from a marketing perspective. Afterall, if I had to choose between nausea medications, I’d pick the one that lists "exaggerated happiness" as a possible side effect.
The fun part is that by calling Marinol "legal marijuana", Solvay is basically mocking the very people who helped them get Schedule III approval in the first place. And they’ve got absolutely nothing to lose. Aggressively marketing Marinol at this time makes sense with Sativex on the horizon.
Ultimately, the drug warriors’ goal of distinguishing cannabinoid-based pharmaceuticals from the plant itself could prove a lost cause. Marijuana is popular among patients and a large segment of the general population. Claiming that these pharmaceuticals are totally different from marijuana may suit hardcore drug warriors trying to save face, but it’s not smart if you’re trying to win over patients who like marijuana or prospective patients who’ve heard good things about it. You’re better off saying your product is similar but legal and more potent.
So if Solvay Pharmaceuticals refers to its medicine as marijuana, and patients refer to their marijuana as medicine, it seems everyone’s on the same page except Barthwell and Murray.
Coming Down to the Wire in Nevada and Colorado
What do They Know?
Tensions over Amendment 44 in Colorado have reached a fever pitch as self-appointed marijuana experts continue to emerge with absurb predictions.
From TheDenverChannel.com:
A rally at the state Capitol on Friday morning turned into a shouting match between the groups for and against a proposed amendment that would legalize small amounts of marijuana in Colorado.
Gov. Bill Owens and the state's top law enforcement officers planned a press event on the west steps of the Capitol to urge voters to turn down Amendment 44, which would legalize adult possession of one ounce of marijuana.
Supporters of pot legalization tried to shout them down.
If Governor Owens is gonna say stuff like this, I can’t say I blame them:
"In addition to human costs, legalizing marijuana is sure to have an economic impact on every Colorado citizen. These costs include increased costs for substance abuse treatment and other social programs as well as lost revenue due to decreased worker productivity.”
Once again, legalizing marijuana won’t increase treatment costs. It will reduce them dramatically. Most people in marijuana treatment are enrolled against their will following an arrest, which won’t happen anymore if Amendment 44 passes.
As for decreased worker productivity, show me some data and we’ll talk. If the government had the guts to actually study this, they’d find that marijuana users who haven’t been hung out to dry by the criminal justice system are just as productive and successful as non-users; probably far more so than heavy drinkers. The data would then be buried and brought up only by us.
Next they gave the microphone to Park County Sheriff Fred Wegener:
Wegener, who is the president of the County Sheriffs of Colorado, said, "We are also concerned that legalizing marijuana will cause a spike in impaired driving fatalities and injuries caused by more motorists driving impaired on marijuana. The reality also exists that it is more difficult for law enforcement to detect impairment caused by marijuana and other drugs as compared to alcohol."
Clearly something’s got to be done about these mischievous stoners who are too sober to fail a sobriety test.
This is getting ridiculous. Is it so crazy that we want to try something different? We’re asking to step back from a policy that’s done nothing but piss people off for 70 years and these guys start giving prophesies of a great plague. What do they know?
Have You Warned Your Kids About Schwag?
If you're a parent, you might want to brush up on your drug slang to stay alert to possible drug use by your children, suggest addiction experts at the Menninger Clinic in Houston.
Slang terms for drugs constantly change and evolve, the researchers said. For example, while marijuana is still called weed or pot by some, it's also referred to by newer terms such as chronic or schwagg.
Are they serious? Dr. Dre’s marijuana-themed album "The Chronic" came out in 1992. And "schwag" of course is a derogatory term for really bad marijuana that’s been in use forever as far as I know.
More highlights:
2. The painkiller Oxycontin is also called: a) oxies; b) cotton.
They say only (b) is a correct answer. So if your child asks to borrow money so he can get some "oxies" go ahead and help out.
6. Combining the prescription drug Viagra with Ecstasy is called: a) 24-7 heaven; b) sextasy.
Answer: (b) Parents who’ve let their daughter go to "sextacy" parties will be shocked to learn the truth. But no, I don’t think we have to worry about Congress banning Viagra anytime soon.
8. Working Man's Cocaine is: a) crack cocaine; b) methamphetamine.
Answer: (b). Meth users have jobs? I heard all they did was rob gas stations and pluck out their eyebrows.
10. "Juice" is the slang term for: a) steroids; b) PCP.
Answer: both. So if you overhear your kid using the word "juice" they're either on steroids or PCP. The hard part is figuring out which.
This is the sort of useless information one can expect from "addiction experts" who regularly turn out to know less about drugs than everybody else.
The Cartels Are Coming, the Cartels Are Coming! (Or A New Meme Emerges)
You Can’t Spell ‘Potential’ Without Pot
They said marijuana causes cancer, but now we’ve learned that THC may prevent it.
They said marijuana makes you forgetful, but it turns out that it might prevent Alzheimer’s too.
They said marijuana makes you sterile, but today I learned that it can increase fertility.
From Medical News Today:
This study involved eight volunteers - they were all heavy [tobacco] smokers. Four of them had normal sperm function, while the other four had reduced sperm function. Some of their sperm was washed in a regular medium and some was washed in a low-concentration cannabinoid solution.
They found that the sperm of the smokers who had reduced sperm function improved significantly after being washed in the low-concentration cannabinoid solution, while the sperm of the smokers with normal function did not.
Every time they study it, marijuana accomplishes something new and amazing. That’s probably where they got the idea to wash sperm with it. Right now I bet scientists are putting cannabinoid solution on all sorts of things to see what happens.
But the question remains: if you wash your sperm in cannabinoids will your baby be born a hippy?
Survivor of the Arkansas bi-partisan corruption cesspool running for governor
13,000 Joints
Bush: Stay the Course in Colombia
President Bush never tires of spending our tax dollars losing not winning various wars. Now he wants to give Colombia another $600 million International Herald Tribune reports.
Undersecretary of State Nicholas Burns calls it a strategy adjustment:
"In any counterterrorism or counter-narcotics campaign you sometimes have to adjust strategy to be effective as conditions change," Undersecretary of State Nicholas Burns told reporters in Bogota, announcing the White House was seeking to maintain current levels of support for its caretaker in the war on drugs through 2008. "We'll be open to any suggestions the Colombian government makes."
I think what he meant to say was that we refuse to adjust our strategy and we’re not open to suggestions. And what does he mean "as conditions change"? Nothing's changed since Plan Colombia began eight years ago . That’s the problem.
Meanwhile the police we trained with the last $600 million are getting killed systematically. Sound familiar?
More Bad News: Shaq is a Cop
Shaq was cleared of any wrong-doing after being accused of excessive force by a drug suspect. Bear in mind of course that getting cleared of misconduct following a SWAT raid is incredibly easy. So one lucky suspect may very well have gotten his ass kicked by Shaq. That’s awesome, but it could also be a sign of terrible things to come.
The madness of it all left Radley Balko "speechless". Had it not, he would likely point out that this is yet another unintended admission by police that they actually feel quite safe during these raids. After all, if executing a warrant is so dangerous, why would you bring along a man whose body is worth millions? Seriously. He’s easier to shoot than just about anybody.
Third-Party Candidacies vs. Voting for the Lesser Evil
Canada Grows Medical Marijuana for Its Citizens
So Canada spends tax dollars to provide medical marijuana to sick people, while here in America, we spend tax dollars trying to prevent sick people from getting medical marijuana.
If that doesn’t boggle your mind, consider that Canada provides marijuana even though Sativex is already available up there. Meanwhile our drug warriors want sick people here to wait indefinitely while the FDA figures out how to approve Sativex without admitting that marijuana plants are literally soaked in medicine.
And while Canadian patients are choosing between spliffs and sublingual sprays, Americans patients are choosing between suffering and breaking the law.
Even drug-fearing Americans generally agree that this doesn’t make much sense. But if our drug warriors are correct that marijuana can’t heal the sick without hurting kids, then we’ll be thanking them next year when all Canadian children become crack-addicted sex-workers.
Is Willie Nelson mature enough to smoke marijuana?
People are Getting Beheaded in Mexico
This year beheadings are popular. I wonder what people would say if things like this were happening on American soil:
In the most horrendous instance, drug lord gangs busted into a nightclub, toting rifles, and rolled five heads across the dance floor, terrifying onlookers.
People were surprised, but I’m sure everyone knew what it was all about. This kind of thing has been commonplace ever since the drug war began.
Various anti-immigration bloggers are now citing these incidents as evidence that our borders must be secured, for fear that Mexicans will come to America and start cutting peoples’ heads off.
It’s a bit silly, because the worst drug traffickers have no reason to leave Mexico. They’ve got the run of the place. The people crossing the border are poor folks who come here for economic opportunities, less-overt corruption, and white picket fences that don’t have severed heads impaled on them.
If you’re concerned about immigration, note that our drug war incentivizes traffickers to dig tunnels and cut holes in the fence.
If you don’t want your tax-dollars spent educating foreigners, note that you’re footing the bill to train counter-narcotics police in Colombia that just get massacred ten at a time.
And if you’re troubled by all the beheadings near our border, note that our current policy ensures their continuation for the remainder of human history.
Stopping the drug war is our only chance to defund drug terrorists and bring a close to this global catastrophe.