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ONDCP's Emphasis on Marijuana is Incoherent on So Many Levels
This statement from Tom Riley at ONDCP is just jaw-dropping:"It's easy to do ads about drugs like heroin and meth, and the awful consequences that manifest," says Tom Riley, director of public affairs at the Office of National Drug Control Policy. "It's harder to make ads about marijuana. 'Marijuana's gonna melt your face off' isn't really a credible thing to say to teens." [Slate]The first problem here is that ONDCP really did make an ad quite recently in which a girl melts from smoking marijuana. You can watch it here. Nice try, Tom Riley. You should know better than to attempt an example of something your office wouldn't say about marijuana.The second problem is that these supposedly easy-to-make ads about heroin and meth are not being made. Marijuana users have been portrayed by ONDCP as supporting terrorism, getting pregnant at a party, shooting a friend accidentally, running over a toddler, getting a fist stuck in their mouth, and on and on, but there are no ONDCP ads about heroin or meth. Perplexing as it may be, Riley's statement perfectly captures the mindset of our marijuana-obsessed federal drug war establishment. He basically admits here that his office takes for granted the understanding that heroin and meth are harmful. It would be wasteful to tell the public what it already knows, particularly since smaller user populations make for bland statistical shifts even if you're successful. The drug war must be fed if it is to survive, and there just aren't enough heroin and meth users to sustain it. The only downside is that some people will say you're a charlatan if kids are dying from heroin while you're busy making ads about chick-magnet space aliens that don't smoke weed.
Two drug war stories
Hi all: Here are a couple of true stories which David (Borden) encouraged me to share, related to drugs and/or the drug war. Enjoy! Story #1: I was picked on a Federal jury for a cocaine trafficking case. From the outset, in the back of my mind was the thought that although I don't really agree with the drug laws, I had no overt or explicit intentions to acquit based on my own personal views. I was willing to examine the evidence and reach a fair and impartial verdict. However, as the story unfolded it became increasingly apparent to me that the accused was actually innocent, or at the very least, had not been proven guilty beyond a reasonable doubt. After many hours of soul-searching and more than a day of deliberation, I and the 11 other jurors in the case voted to acquit. See a news article here: http://www.signonsandiego.com/uniontrib/20061119/news_1m19acquit.html
Response from former ONDCP official to my China/death penalty post
On Friday I posted a piece on China's use of the death penalty for drug offenses, criticizing the UN, and secondarily the US, for programs that I believe are inadvertently feeding into this. My criticism of the US related to a drug enforcement cooperation agreement with China that was put in place in 2000 by then-Director of the Office of National Drug Control Policy (ONDCP) Barry McCaffrey. I got an email over the weekend from Bob Weiner, who served as ONDCP's Director of Public Affairs from 1995-2001, submitting these comments for the blog: David, Saw your piece⦠The arrangement with China never was intended to mandate or magnify their death penalty -- they are choosing their own enforcement tools, which as so many human rights abuses in China are excessive. The arrangementâand I was there and organized the news conference with US (including Gen. McCaffrey) and Chinese officialsâwas simply to get them to agree with us in enforcing international drug laws and treaties. What we saw there, including thousands of people in treatment factories but not getting real treatment, and the unbridled flow of methamphetamine and opium, was unconscionable.
Pot, Aliens, and ONDCP
Seth Stevenson at Slate is in love with the new ONDCP ad in which a pot-smoker's girlfriend dumps him for a non-smoking alien:Grade: A. This is very possibly the most effective, and least offensive, anti-marijuana campaign ever created. I know that ONDCP, and the Partnership for a Drug Free America, are cautiously thrilled with it. I expect it will be the model for years to come.I'm not going to beat Stevenson up over this. He shares my belief that these ads shouldn't be offensive, and I agree that this is obviously tame by ONDCP standards. But what on earth does it mean to say that ONDCP is "cautiously thrilled" with this? When has ONDCP ever been less than thrilled with their advertisements? They've vigorously defended their media campaign throughout its numerous incarnations, never once finding fault, even as a growing mountain of evidence depicts their public outreach efforts as an undeniable failure. Could it be that they were more candid with Seth Stevenson than the U.S. Congress?Stevenson's analysis is fair enough, at least insofar as this ad is concerned. But, dude, before you go gushing anymore about truth in advertising at ONDCP, you might wanna check out "Stoners in the Mist."
Wrong Home: Police Force 77-Year Old Woman to Ground and Handcuff Her
Why couldn't police tell the difference between house number 74 and house number 82 before they burst into a home with guns drawn? And why did they feel the need to handcuff an elderly woman and force her to the ground? Wrong home, for no good reason, no meth there. Via the Agitator...
chicagovigil.com responds to chicagovigil.org
The DEA is at it again, as Drug WarRant blogger Peter Guither puts it, and is holding another "vigil for lost promise" for people who have died from drugs, this one in Chicago (chicagovigil.org). The problem isn't so much what the DEA says -- some people do die from drugs -- but what they don't say. Hence Guither's vigil for lost promise for people who have died from the drug war (chicagovigil.com redirecting to it). It's too simplistic to blame it all on drugs. Even when it looks like drugs (e.g. it's not someone who was imprisoned under a law or shot by a SWAT team, someone actually died from some kind of drug use), it's often the combination of drugs with the drug laws that created the most deadly mix. Guess who has the top link in Google when searching on "vigil for lost promise," at least right now when I'm posting this?
Imprisonment is becoming unaffordable...
Via the Sentencing Law and Policy blog: The high cost of imprisonment has created openings for sentencing reform. An article on Stateline.org explores recent moves in Texas and Kansas to find alternatives to building more prisons. It's easy in this issue a lot of the time to feel like things are hopeless, and certainly the pace of change is frustratingly slow. But it's a different debate now, on drugs and on crime in general, than was taking place 13 or so years ago when I first got involved in this. I can't remember the last time I heard a politician talk about how prisoners are being "coddled" and shouldn't have access to exercise rooms -- routine stuff back then -- and while menaces to society like US Attorney General Alberto Gonzales still want more mandatory minimums, it has become noticeably harder for them to get them passed -- Pat Leahy isn't the only reason Gonzales' horrible idea isn't likely to go anywhere. Attitudes are changing, policy will follow suit, but we have to keep working at it to make it happen...
Interview with Hearne, Texas, drug war victim Regina Kelly
Radley Balko has posted a Flash-video interview he recorded with drug war victim Regina Kelly, one of the 27 black residents of Hearne, Texas, who were arrested in a Tulia-like incident involving an "informant" of the most scurrilous variety. Kelly, like most of the victims, was later exonerated. Balko and Kelly were both speakers at an ACLU conference in Seattle last weekend. Seattle is a beautiful city -- with great drug reformers -- as I commented two weekends ago while the NORML Legal Seminar was convening in Aspen, "wish I were there..."
North Dakota Farmers File Lawsuit Against DEA Over Hemp Ban
This afternoon, I particpated in a tele-news conference held in Bismarck, North Dakota, to announce the filing of a federal lawsuit by two North Dakota farmers (including a Republican state representative!) against the DEA for its refusal to issue permits allowing them to grow hemp. North Dakota has passed state legislation permitting hemp growing under strict regulations, and its hemp-friendly Agriculture Commissioner, Roger Johnson, has promulgated the necessary guidelines. Johnson issued state permits to the two farmers months ago and sought DEA approval, but DEA did nothing. Now, the farmers are suing. This case could be a big one, once and for all getting the DEA out of the way of commercial hemp farming. I'll be writing about this in a feature article this week, but in the meantime, you can check out VoteHemp's North Dakota information page here for more detailed info on the case. Too bad somebody has to sue the DEA to get it to uphold the Controlled Substance Act, which specifically exempts hemp from the marijuana prohibition.
Good Supreme Court Ruling on Traffic Stops
The Supreme Court actually issued a good ruling on traffic stops today, and it was unanimous. In BRENDLIN v. CALIFORNIA, Bruce Brendlin, who was convicted of drug possession after a car in which he was a passenger was pulled over by a sheriff's deputy in Yuba County, California, appealed his conviction based on the fact that the traffic stop was later conceded by the state to be illegal. The state argued that because Brendlin was not the driver of the car, he was not the subject of the illegal stop, and so did not have the right to have the evidence suppressed because of the stop's illegality. In the unanimous opinion written by David Souter, the Court found: Brendlin was seized because no reasonable person in his position when the car was stopped would have believed himself free to "terminate the encounter" between the police and himself. Bostick, supra, at 436. Any reasonable passenger would have understood the officers to be exercising control to the point that no one in the car was free to depart without police permission. Sad that the California Supreme Court bought the argument, though. Read more about the case here.
Advanced Drug Testing: Creepy Science, Creepy Scientists
A German electronic newsletter about scientific innovations advises that a Russian scientist has developed a drug testing technique that will spot drug use weeks or even months after it occurred. The Russian scientist involved, Dr. Marina Myagkova won an award from the
Department of Justice
?My letter to the Department of Justice was also mailed, with certified mail, to the Department of Justice Washington D.C. In my attempt to file a complaint against an Oregon State Police officer,I decided to drive to the O.S.P. headquarters in Salem, Oregon. When I arrived I noticed the officer at the desk was a very big man, and probably not over twenty-five . He received my complaint better than I expected and said he would get someone to help me. He returned and said he would call Shelia Reed from the governors office .
Is another drug war bloodbath just around the corner?
Update: response from former ONDCP official who worked on the US-China agreement Death sentence is passed against awoman who was immediately executedwith three other people on drugs charges.(UN International Anti-Drugs Day, 6/26/03)www.sina.com.cn via AI web site) One of the sick annual rituals in the global drug war has been China's annual round of executions of supposed drug offenders marking the occasion of the UN's "International Day against Drug Abuse and Illicit Trafficking," held June 26th of every year. We wrote about this last year and in most previous years. I wrote an editorial about it in 2000, which went over some of the highly troubling information Amnesty International has published about China's drug death penalties, and in which I criticized then-drug czar Barry McCaffrey for putting in place an arrangement with China for cooperation in drug enforcement between our two countries, and the UN for holding this international event year after year even though they obviously are aware that it continues to prompt such carnage. I believe that handing over criminal defendants to totalitarian regimes with limited due process rights and draconian death sentences for nonviolent offenses is immoral, and makes us complicit in the human rights abuses that those nations may commit against people we wind up sending into their clutches. But the UN's annual Day doesn't even have a law enforcement justification. We have a statement from UN Secretary General Ban Ki-Moon about the upcoming Day online here. I'm posting a few examples from Amnesty that illustrate why I really feel this is an important human rights issue that we as taxpayers should not be indirectly supporting, even if that puts some obstacles in the way of global policing efforts or puts a crimp in the UN's promotion of prevention and treatment programs: The Death Penalty in China: Breaking Records, Breaking Rules, August 1997 AI report: In a case that is illustrative of many more, a young woman, returning to Guangzhou province from her honeymoon in Kunming in January 1996, agreed to take a package for an acquaintance in return for some money. Acting as a courier in this manner is common practice in China. It was reported that during the train journey she became suspicious about the contents of the package and tried to open it. When she found she couldnât open it she began to realize it was drugs. She then allegedly became so nervous and agitated that the ticket checker on train became suspicious and discovered the package. She was sentenced to death on 26 June 1996 by Guangxi High Peopleâs Court. AI 1998 Annual Report on China: Ji Xiaowei, a Hong Kong citizen sentenced to death in southern China for alleged drug-trafficking, claimed on appeal that he had confessed under torture during police interrogation. The appeal court ignored his claim and confirmed the death sentence. He was executed on 18 July. AI Report 2005: Ma Weihua, a woman facing the death penalty on drugs charges, was reportedly forced to undergo an abortion in police custody in February, apparently so that she could be put to death "legally" as Chinese law prevents the execution of pregnant women. She had been detained in January in possession of 1.6kg of heroin. Her trial, which began in July, was suspended after her lawyer provided details of the forced abortion. She was eventually sentenced to life imprisonment in November. There has been some talk in China recently of making the use of the death penalty more transparent and reducing its use, and that is welcome. Reportedly there has been about a 10% drop. But China is still the world leader in this. So is anyone interested in an international campaign to get the UN to cancel International Anti-Drugs Day and to subject global law enforcement cooperation to human rights standards? China is by no means the only country executing people for drug offenses. Write me through the site or send me an email. I'd appreciate any links you have to especially important articles or web sites dealing with this topic. Lastly, we have a topical archive on the site for the Death Penalty, here and also available via RSS.
UN Secretary General's statement in advance of June 26 International Anti-Drugs Day
The following is a statement from UN Secretary General Ban Ki-moon about the upcoming UN International Anti-Drugs Day, as it's informally called. They say the focus is on drug treatment, and that is probably what the UN people working on this intend. But we expect the event to prompt a bloodbath as it has in every past recent year in at least one country that uses the death penalty against real or supposed drug offenders. Will some of them be mere addicts who were selling only to supply their own habits and just needed some of this treatment? Also, the UN is in continued denial over the failure of the drug war/prohibition policy. Here's the statement, via the States News Service: *HEADLINE:* DRUG ABUSE CAN BE PREVENTED, TREATED, CONTROLLED WITH POLITICAL LEADERSHIP, SUFFICIENT RESOURCES, SAYS SECRETARY-GENERAL IN INTERNATIONAL DAY MESSAGE *DATELINE:* NEW YORK *BODY:* The following information was released by the United Nations: Following is UN Secretary-General Ban Ki-moon's message for the International Day against Drug Abuse and Illicit Trafficking, observed on 26 June: Drug abuse is a problem that can be prevented, treated and controlled. While efforts must be stepped up to reduce supply -- by helping growers of illicit crops find viable licit alternatives, and ensuring that law enforcement agencies continue their good work in seizing drugs -- the greatest challenge in global drug control is reducing demand. With less demand, there would be less need for supply, and fewer incentives for criminals to traffic drugs. Combating drug abuse is a collective effort. It requires political leadership and sufficient resources -- particularly for more and better treatment facilities. It requires the engagement of parents and teachers, as well as health care and social workers. It requires the media and criminal justice officials to play their part. All walks of life must join forces and devote special attention to the vulnerable: to those who are vulnerable to taking drugs because of their personal or family situation, and to those who are vulnerable because they take drugs. Our mission is to enable them to take control of their lives, rather than allowing their lives to be controlled by drugs. That means giving young people sound guidance, employment opportunities, and the chance to be involved in activities that help organize life and give it meaning and value. It means supporting parents' efforts to provide love and leadership. It means reaching out to marginalized groups and ensuring they receive the care they need to cope with behavioural, psychological or medical problems. It means providing reasons to hope. For those who are grappling with addiction, effective treatment is essential. Drug abuse is a disease that must be treated on the basis of evidence, not ideology. I urge Member States to devote more attention to early detection; to do more to prevent the spread of disease -- particularly HIV and hepatitis -- through drug use; to treat all forms of addiction; and to integrate drug treatment into the mainstream of public health and social services. Drug abuse brings anguish and torment to individuals and their loved ones. It eats away at the fabric of the human being, of the family, of society. It is a subject all of us must take personally. On this International Day against Drug Abuse and Illicit Trafficking, let us ensure there is no place for drugs in our lives or our communities.
Alito Free Speech Comments -- a Hint on "Bong Hits 4 Jesus" Case?
Drug WarRant spotted the following comments by Justice Alito, printed by the Washington Post, comments that suggest he might go the right way in the "Bong Hits 4 Jesus" free speech case: "I'm a very strong believer in the First Amendment and the right of people to speak and to write," [...] "I would be reluctant to support restrictions on what people could say." [...] "it's very dangerous for the government to restrict speech." View pictures from the March demonstration outside the Court here.
New ONDCP Video Demonstrates Exactly Why Their Ads Don't Work
"Stoners in the Mist" is a fake documentary from AboveTheInfluence.com in which "Dr. Barnard Puck," clad in safari clothes, observes stoners and performs various experiments on them. This is worth discussing only because it perfectly illustrates the lack of seriousness that still dominates the marijuana debate. I don’t know how anyone could watch this and conclude that the people who made it are a credible source of information about the effects of marijuana. Among the highlights: * A practically comatose stoner fails to notice when a tracking collar is placed around his neck * Unable to move, two stoners sit on the same couch for 72 hours * A stoned girl forgets her friend's name and has brownies in her hair * Despite repeated attempts, a stoner is unable to grasp objects tossed to him at close range * Categorical statements such as "we have learned through our intensive research that both male and female stoners tend to lack the motivation to maintain proper hygiene" are made. At the risk of increasing their traffic, you have to watch it to appreciate how far-fetched and derogatory this video really is. It reminded me immediately of D.W. Griffith's racist classic The Birth of a Nation, which glorifies the Ku Klux Klan and depicts African Americans as incoherent slobbering rapists. So yesterday, when an ONDCP staffer called SSDP and basically threatened to increase the childishness of his office's activities, we just laughed because there's really no lower level of discourse available to them. Two weeks ago, I witnessed ONDCP's David Murray indignantly challenge the seriousness of his critics, yet it is Murray himself who lobbies for more funding to produce utterly banal and sophomoric nonsense like "Stoners in the Mist." So if the Responsible and Serious Youth Advocates at ONDCP can't figure out why they've alienated everyone, let me spell it out: it's because you're having your own made-up conversation about marijuana that no one else can participate in because it is completely fictitious and insane. No, this is not a video about the effects of marijuana. It is a parting shot from an entrenched clan of spiteful, sniveling spin-doctors who continue to sling mud in desperation even as their puddle dries up.
The drug war is for real...
Via EconLog: Official stats from the Dept. of Justice show that the ratio of violent offenders in jail to drug offenders was 2.6:1 in 2003 -- up from 9:1 in 1980. The drug war is for real. And anyone who doesn't think this is a huge distraction from the fight against real crime doesn't know how to multiply or add...
Latest Entry in the Annals of Excess Department
This is not directly drug war related, but this is such an asinine abuse of both police and prosecutorial power that I thought I needed to share it. Alright, here's the tale in a nutshell: Kid riding in pick-up that gets pulled over, kid videotapes cop during encounter (just as cop-car camera videotapes the pick-up), cops seizes camera, arrests kid, cop consults with prosecutor, then charges kid with felony wiretapping, punishable by up to seven years in prison. To stupidly repressive to be true? Here it is:
Montel Williams Calls on Connecticut's Governor to Sign Medical Marijuana Bill
Montel Williams, who suffers with multiple sclerosis, continues to crusade for medical marijuana, this time with a letter to Connecticut's governor, Jodi Rell (R), published on Alternet. Writes Montel: Medical marijuana has allowed me to live a productive, fruitful life despite having multiple sclerosis. Many thousands of others all over this country -- less well-known than me but whose stories are just as real -- have experienced the same thing. Now it's up to Gov. Rell to show if she is a reasonable, compassionate leader, or a heartless political hack. Montel at a 2005 press conference with Rep. Maurice Hinchey
New York Medical Marijuana Bill Wins Assembly Vote
The late-breaking news today is that the New York Assembly has passed a medical marijuana bill -- 92-52, according to an email from MPP. Richard Gottfried (D), who has been supporting the issue for years, was the sponsor. Last I checked on Google News, the vote had not made any of the news stories, but I'm sure that will happen anytime now. One encouraging report I gleaned from the articles is that Gov. Spitzer, who opposed medical marijuana during the campaign, says he's rethought the issue. Next stop, the State Senate, probably next week...