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Mixed Result in Hurwitz Case

See NYT's John Tierney's initial post-Hurwitz trial blog post. Not the result we were hoping for by any means. On the other hand, the last time was far worse, and according to eyewitness accounts the prosecutors seemed really disappointed too. Judge Brinkema has the power to give a much less draconian sentence or even time served, and her handling of the case seemed pretty reasonable; we'll find out in July what she decides.

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Reuters Admits Flawed Marijuana Reporting

Given ONDCP's ongoing claims of 20-30 fold increases in marijuana potency, yesterday's announcement that potency has merely doubled feels more like a concession than the latest drug war scare tactic. Yet thanks to lazy reporting, this lukewarm story became the next great threat to public safety. From Associated Press:The government estimates that 4.1 million Americans use marijuana. Use by teenagers has declined recently, but federal officials worry that marijuana is being cited more often in emergency room visits.From Reuters:The marijuana being sold across the United States is stronger than ever, which could explain a growing number of medical emergencies that involve the drug, say government drug experts.Neither story explained the concept of "emergency room mentions" from which these claims were derived. And these two reports were republished in major papers everywhere from Dallas to Sydney.Importantly, people who mentioned marijuana to doctors weren't in most -- if any -- cases directly injured by it. Upon admission to the emergency room, you're instructed to report any drugs in your system in case they could interfere with your treatment (and it's really not marijuana they're worried about). Patients who mention marijuana include everyone from heroin users to gunshot victims to various people who fell and couldn't get up. Marijuana is growing in popularity as a medicine, which could also help explain why sick people report having used it. Fortunately, thanks to incredulous readers, Reuters was forced to clarify:Lots and lots of readers asked for examples of these emergencies. We updated the story with an explanation which should have been made clear from the start, that medical emergency "means that the patient mentioned using marijuana and does not mean the drug directly caused the accident or condition being treated."Is it any wonder that readers were confused? Statements such as "marijuana is being cited more often in emergency room visits" or "a growing number of medical emergencies that involve the drug" clearly imply that marijuana caused or contributed to the patient's hospitalization. That was ONDCP's intention, passed along uncritically by Reuters and AP with the inevitable effect of confusing the public.*Like many things you read in an ONDCP press release, the statement on emergency room visits was so misleading that it becomes false if you change any of the words. "Mentioned" is simply not the same as "involved." Thus the media reports became more misleading than the press release they were based on, which was pretty bad to begin with.Even when properly explained, "emergency room mentions" remain a vague and ultimately unhelpful measure upon which to base alarmist claims. ONDCP's reliance on such tenuous, circumstantial evidence speaks to the credibility of their position on marijuana policy in general.*Reuters made a partial correction, but AP has not. Contact them here.

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ONDCP Admits Exaggerating Marijuana Potency

Well, that's not exactly how they phrased it. But that's what happened. After years of claiming that marijuana is 25-30 times stronger than it used to be, ONDCP admitted that marijuana potency has merely doubled:(Washington, D.C.)—Today, the Office of National Drug Control Policy (ONDCP) and the National Institute on Drug Abuse (NIDA) released the latest analysis from the University of Mississippi's Potency Monitoring Project which revealed that levels of THC—the psychoactive ingredient in marijuana—have reached the highest-ever levels since scientific analysis of the drug began in the late 1970's. According to the latest data on marijuana samples analyzed to date, the average amount of THC in seized samples has reached 8.5 percent. This compares to an average of just under 4 percent reported in 1983 and represents more than a doubling in the potency of the drug since that time.Compare that to John Walters' statement in The San Francisco Chronicle on September 1, 2002:The THC of today's sinsemilla averages 14 percent and ranges as high as 30 percent.Even stronger stuff is on the way. The point is that the potency of available marijuana has not merely "doubled," but increased as much as 30 times.Maybe he thought we wouldn't remember. It's curious that ONDCP and NIDA are so proud to announce that they've been wildly exaggerating marijuana potency for many years. Apparently, they see value in finally legitimizing their claims that pot is getting stronger, even if doing so raises the question of what the hell they've been talking about all this time.Yet a doubling of marijuana potency hardly compliments the ONDCP's ongoing effort to eradicate the stuff from the planet. Nor does it bear any relationship to the intoxication levels experienced by users, who titrate their doses to achieve the desired effect regardless of potency.Besides, now that researchers at Harvard have informed us that THC shrinks tumors and likely prevents lung cancer, more of it can only be a good thing.

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Wanna Beat a Drug Test? Switch From Pot to Oxycodone

Yesterday, I wrote about false positive drug test results, noting that many schools aren't required to confirm positive results and quoting a top expert who believes that more expensive follow-up testing is often not being conducted. Obviously, the potential for innocent students to be accused and stigmatized is profoundly disturbing. Still, the issue of false negatives raises interesting issues as well. From The New Scientist:Of 710 drug tests performed, 85 gave incorrect results, either because the urine sample was too dilute to interpret properly, or because the test picked up prescription medicines. Meanwhile, routine tests failed to detect the painkiller oxycodone in nearly two-thirds of cases.So the synthetic opioids driving America's growing problem with prescription abuse among young people are remarkably difficult to detect through the exact urine testing programs ONDCP is pitching as a solution to the problem of youth drug abuse.As marijuana remains the easiest drug to detect, is it any wonder that kids are turning to dangerous synthetic opioids that are undetectable 2/3 thirds of the time? We've always understood that more dangerous drugs leave the body faster, but oxycodone usually fails to show up even when it's still in your system.Thus the ONDCP's argument that drug testing 'identifies use before it becomes a huge problem' is fundamentally incompatible with what these tests actually do. Given the ease with which one can avoid detection of all drugs other than marijuana, only students with severe addiction problems are likely to be identified. And if their problem is oxycodone, they'll often evade detection altogether.So student drug testing is more likely to increase prescription drug abuse than prevent it. But before we accuse ONDCP of having its head up its ass yet again, check out their awesome life-saving guide on how to dispose of valuable unused prescriptions by mixing them with kitty litter.If only more people disposed of their drugs instead of snorting them, we'd be out of the dark forest of hopelessness and instead skipping merrily through the lush meadows of healthiness and well-being. Surely, there's nothing more euphoric than being completely sober, even if it requires frequent urine inspections to keep you that way.

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Review of Lies, Damned Lies and Drug War Statistics by Matt B. Robinson and Renee G. Scherlen (SUNY Press, 2007).

(Click here to read about DRCNet's book offer for members.) Reviewed by Randall G. Shelden, UNLV Looking back on my career and what I have learned there is a rather consistent theme in my thinking and writing about the subject of crime and justice. It might go something like this: we have a system in place that has a vested interest in keeping crime (including drug use) at a certain level. All sorts of careers and a lot of money (literally tens of billions of dollars each year) are dependent upon a steady supply of offenders - even if they have to pass new laws creating new categories of offenders (this especially applies to drugs). This is why many have used such terms like "crime control industry" or "criminal justice industrial complex." Agencies within this complex can sort of "have their cake and eat it too" in that they can have it both ways: when what they do is clearly failing they can merely claim that the problem still exists and they need to continuing doing the same thing (with more money of course). Obviously when things are going well they can take responsibility. This is the pattern with local police departments and in fact the entire system, namely that when crime is down they take credit because of some program in place; however, when crime goes up, they can shift responsibility to all sorts of variables. Favorites include a growing population in their jurisdiction (which is not usually that relevant), a growing youth or "crime risk" population (again, not that critical), "broken" or "dysfunctional" families and, two of my favorites, "outside influences" (e.g., gangs moving) or "liberal programs." Another way of putting this is that, as Jeff Reiman has observed, nothing succeeds like failure! A friend once told me something he learned when studying for his MBA. It is called "optimal starting and stopping points." What this means is that in order to bolster your argument or to make a case that what you are doing is working you pick out a time period that best represents your success and avoid time periods that do not. So it has been with the Office of National Drug Control Policy (ONDCP) and Matt Robinson and Renee Scherlen do an exceptional job of showing exactly this in Damned Lies and Drug War Statistics. They do this by critically examining six years (2000-2006) of the National Drug Control Strategy. They read through each and every annual report, looking especially for both accurate and inaccurate use of statistics and evidence of honesty and dishonesty in each report. They examined each and every claim made by ONDCP and evaluated ONDCP's stated goals (e.g., reducing drug use and drug availability). What they found for each year, almost without exception, was an almost total misuse of some very simple statistics (e.g., from various annual drug surveys, such as NHSDA, ADAM, MTF). They discovered that in many instances ONDCP employed the "optimal starting and stopping points." For instance, Robinson and Scherlen found that for the 2000 strategy report ONDCP uses a baseline of 1985 that shows a decline in drug use from that year to 1999. Yet the ONDCP was not started until 1988 and the largest drop in drug use was between 1985 and 1988, with the rate remaining steady for the rest of the decade. Other reports use 1979 as a starting point (the peak of drug use). On another occasion the ONDCP claims to prove that George Bush's goal during his 2002 "State of the Union speech of a 10% reduction of drug use by youth within two years was met, but uses a time period that started one year prior to Bush's speech! The authors also found numerous instances where they cite declines in youth drug use during a certain period, but ignore the fact that drug use was increasing among adults. In some cases the ONDCP reproduces a chart that clearly shows drug use increasing, but fail to comment on this rather obvious evidence of failure. On the other hand, on some occasions the ONDCP readily admits "disturbing trends" such as the fact that throughout the decade of the 1990s drug use among 8th, 10th and 12th graders (Monitoring the Future) is "close to record highs." Yet in this case, the ONDCP sort of ignores such an obvious failure and instead uses this as evidence of a need to get tougher in the war on drugs! Nothing succeeds like failure! Robinson and Scherlen note that ONDCP tends to "celebrate declines even when they are short-term or occurred a decade ago, and downplay increases unless they are being used to create alarm" (p. 66). More examples like this are presented throughout this book. Perhaps more importantly, even when there are some decreases in drug use, ONDCP fails to provide any evidence that this is because of what they did. Moreover, like I said above concerning police departments, Robinson and Scherlen note that "ONDCP only takes credit when drug use trends decline, but takes no responsibility when drug use trends increase" (p. 68). One of the most important chapters in this book is chapters 5 and 6 where they examine ONDCP's claims of success in "healing America's drug users and disrupting drug markets" and claims concerning the costs of the drug war. In these two chapters Robinson and Scherlen also critically examine ONDCP claims about the nature of the drug problem itself. First, ONDCP fails to differentiate between drug use and drug abuse and instead claims that "Drug use promises one thing but delivers something else – something sad and debilitating for users, their families, and their communities. The deception can be masked for some time, and it is during this time that the habit is 'carried' by users to other vulnerable young people." This is an outlandish claim totally lacking empirical foundation. As Robinson and Scherlen correctly note, drug use does not lead to such outcomes and in fact the majority of youths who use drugs do so only a few times and quit completely in their early 20s (p. 96). Such a conclusion is a general consensus by drug experts – obviously a group ONDCP fails to consult! ONDCP also claims that drug testing is effective, yet can cite only anecdotal evidence (such as a statement by one woman based upon a one conversation with a grocery bagger – see p. 102) and ignore comprehensive studies that find that it clearly does not work (e.g., as cited on the Monitoring the Future web site). This is called "confirmation bias" – selecting evidence that supports your position while ignoring contrary evidence. The ONDCP clearly has failed to disrupt drug markets and there has been a steady decline in the price of illegal drugs, as Robinson and Scherlen clearly show with charts taken from ONDCP's report. Yes, you read this correctly: ONDCP reproduces charts that show prices falling yet fail to make any statement that suggests that their goal of raising prices by disrupting drug markets is not working! This is one of the best points about the Robinson and Scherlen book in that they use readily available data – some reproduced by ONDCP – which clearly contradict ONDCP's claims! Robinson and Scherlen also examined claims about the costs of drugs and the drug war. Once again, they demonstrate that ONDCP misuses statistics. Here the authors show that the bulk of the costs of drugs stems from the drug war itself and the fact that some drugs have been criminalized. I could go on and on with more examples. Suffice it to say that Robinson and Scherlen have provided a thorough critique of the claims made by those in charge of the drug war. This book will no doubt prove to be a valuable resource for those trying to make sense of a war that has created so much havoc within our society. Incidentally, the first two chapters provide the reader with an excellent overview on the how the drug war came to be, including a brief history of anti-drug legislation. For those not familiar with this history, these chapters will provide much needed information to fill this gap. Read it, learn from it, use it. Randall G. Shelden is Professor of Criminal Justice, University of Nevada-Las Vegas, where he has been a faculty member since 1977. He is the author or co-author of several books, including Girls, Delinquency and Juvenile Justice (3rd edition), with Meda Chesney-Lind (which received the Hindelang Award for outstanding contribution to Criminology in 1992); Youth Gangs in American Society (3rd ed.), with Sharon Tracy and William B. Brown (both with Wadsworth); Controlling the Dangerous Classes: A History of Criminal Justice (2nd forthcoming, Allyn and Bacon); Criminal Justice in America: A Critical View, with William B. Brown (a revised edition of this book is forthcoming with Waveland Press). His most recent book is Delinquency and Juvenile Justice in American Society (Waveland Press). His web site is: www.sheldensays.com. (Click here to read about DRCNet's book offer for members.)

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Review of Lies, Damned Lies and Drug War Statistics by Matt B. Robinson and Renee G. Scherlen (SUNY Press, 2007).

(Click here to read about DRCNet's book offer for members.) Reviewed by Randall G. Shelden, UNLV Looking back on my career and what I have learned there is a rather consistent theme in my thinking and writing about the subject of crime and justice. It might go something like this: we have a system in place that has a vested interest in keeping crime (including drug use) at a certain level. All sorts of careers and a lot of money (literally tens of billions of dollars each year) are dependent upon a steady supply of offenders - even if they have to pass new laws creating new categories of offenders (this especially applies to drugs). This is why many have used such terms like "crime control industry" or "criminal justice industrial complex." Agencies within this complex can sort of "have their cake and eat it too" in that they can have it both ways: when what they do is clearly failing they can merely claim that the problem still exists and they need to continuing doing the same thing (with more money of course). Obviously when things are going well they can take responsibility. This is the pattern with local police departments and in fact the entire system, namely that when crime is down they take credit because of some program in place; however, when crime goes up, they can shift responsibility to all sorts of variables. Favorites include a growing population in their jurisdiction (which is not usually that relevant), a growing youth or "crime risk" population (again, not that critical), "broken" or "dysfunctional" families and, two of my favorites, "outside influences" (e.g., gangs moving) or "liberal programs." Another way of putting this is that, as Jeff Reiman has observed, nothing succeeds like failure! A friend once told me something he learned when studying for his MBA. It is called "optimal starting and stopping points." What this means is that in order to bolster your argument or to make a case that what you are doing is working you pick out a time period that best represents your success and avoid time periods that do not. So it has been with the Office of National Drug Control Policy (ONDCP) and Matt Robinson and Renee Scherlen do an exceptional job of showing exactly this in Damned Lies and Drug War Statistics. They do this by critically examining six years (2000-2006) of the National Drug Control Strategy. They read through each and every annual report, looking especially for both accurate and inaccurate use of statistics and evidence of honesty and dishonesty in each report. They examined each and every claim made by ONDCP and evaluated ONDCP's stated goals (e.g., reducing drug use and drug availability). What they found for each year, almost without exception, was an almost total misuse of some very simple statistics (e.g., from various annual drug surveys, such as NHSDA, ADAM, MTF). They discovered that in many instances ONDCP employed the "optimal starting and stopping points." For instance, Robinson and Scherlen found that for the 2000 strategy report ONDCP uses a baseline of 1985 that shows a decline in drug use from that year to 1999. Yet the ONDCP was not started until 1988 and the largest drop in drug use was between 1985 and 1988, with the rate remaining steady for the rest of the decade. Other reports use 1979 as a starting point (the peak of drug use). On another occasion the ONDCP claims to prove that George Bush's goal during his 2002 "State of the Union speech of a 10% reduction of drug use by youth within two years was met, but uses a time period that started one year prior to Bush's speech! The authors also found numerous instances where they cite declines in youth drug use during a certain period, but ignore the fact that drug use was increasing among adults. In some cases the ONDCP reproduces a chart that clearly shows drug use increasing, but fail to comment on this rather obvious evidence of failure. On the other hand, on some occasions the ONDCP readily admits "disturbing trends" such as the fact that throughout the decade of the 1990s drug use among 8th, 10th and 12th graders (Monitoring the Future) is "close to record highs." Yet in this case, the ONDCP sort of ignores such an obvious failure and instead uses this as evidence of a need to get tougher in the war on drugs! Nothing succeeds like failure! Robinson and Scherlen note that ONDCP tends to "celebrate declines even when they are short-term or occurred a decade ago, and downplay increases unless they are being used to create alarm" (p. 66). More examples like this are presented throughout this book. Perhaps more importantly, even when there are some decreases in drug use, ONDCP fails to provide any evidence that this is because of what they did. Moreover, like I said above concerning police departments, Robinson and Scherlen note that "ONDCP only takes credit when drug use trends decline, but takes no responsibility when drug use trends increase" (p. 68). One of the most important chapters in this book is chapters 5 and 6 where they examine ONDCP's claims of success in "healing America's drug users and disrupting drug markets" and claims concerning the costs of the drug war. In these two chapters Robinson and Scherlen also critically examine ONDCP claims about the nature of the drug problem itself. First, ONDCP fails to differentiate between drug use and drug abuse and instead claims that "Drug use promises one thing but delivers something else – something sad and debilitating for users, their families, and their communities. The deception can be masked for some time, and it is during this time that the habit is 'carried' by users to other vulnerable young people." This is an outlandish claim totally lacking empirical foundation. As Robinson and Scherlen correctly note, drug use does not lead to such outcomes and in fact the majority of youths who use drugs do so only a few times and quit completely in their early 20s (p. 96). Such a conclusion is a general consensus by drug experts – obviously a group ONDCP fails to consult! ONDCP also claims that drug testing is effective, yet can cite only anecdotal evidence (such as a statement by one woman based upon a one conversation with a grocery bagger – see p. 102) and ignore comprehensive studies that find that it clearly does not work (e.g., as cited on the Monitoring the Future web site). This is called "confirmation bias" – selecting evidence that supports your position while ignoring contrary evidence. The ONDCP clearly has failed to disrupt drug markets and there has been a steady decline in the price of illegal drugs, as Robinson and Scherlen clearly show with charts taken from ONDCP's report. Yes, you read this correctly: ONDCP reproduces charts that show prices falling yet fail to make any statement that suggests that their goal of raising prices by disrupting drug markets is not working! This is one of the best points about the Robinson and Scherlen book in that they use readily available data – some reproduced by ONDCP – which clearly contradict ONDCP's claims! Robinson and Scherlen also examined claims about the costs of drugs and the drug war. Once again, they demonstrate that ONDCP misuses statistics. Here the authors show that the bulk of the costs of drugs stems from the drug war itself and the fact that some drugs have been criminalized. I could go on and on with more examples. Suffice it to say that Robinson and Scherlen have provided a thorough critique of the claims made by those in charge of the drug war. This book will no doubt prove to be a valuable resource for those trying to make sense of a war that has created so much havoc within our society. Incidentally, the first two chapters provide the reader with an excellent overview on the how the drug war came to be, including a brief history of anti-drug legislation. For those not familiar with this history, these chapters will provide much needed information to fill this gap. Read it, learn from it, use it. Randall G. Shelden is Professor of Criminal Justice, University of Nevada-Las Vegas, where he has been a faculty member since 1977. He is the author or co-author of several books, including Girls, Delinquency and Juvenile Justice (3rd edition), with Meda Chesney-Lind (which received the Hindelang Award for outstanding contribution to Criminology in 1992); Youth Gangs in American Society (3rd ed.), with Sharon Tracy and William B. Brown (both with Wadsworth); Controlling the Dangerous Classes: A History of Criminal Justice (2nd forthcoming, Allyn and Bacon); Criminal Justice in America: A Critical View, with William B. Brown (a revised edition of this book is forthcoming with Waveland Press). His most recent book is Delinquency and Juvenile Justice in American Society (Waveland Press). His web site is: www.sheldensays.com. (Click here to read about DRCNet's book offer for members.)

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New Guy on Site... HI ALL!

I'm a middle aged guy, living in NYC. I'm a doc by training but do not practice any longer. No, didn't loose my license writing too many opiate Rx's - quite the contrary. I had a fall at the office and crushed three vertebrea and broke both hips! (OUCH!) And learned all about the medical community and their fear of opiates when truly indicated first hand. Now four years later I'm living happily, out of a wheelchair and walking again, and have a pair of new hips (better than the OEM model!) and a badly patched up few vertebrea. I function quite well on 30mg of MS CONTIN four times a day and a 60 or 90mg MS Contin at night. The "short acting" component of my cocktail is Hydramorphone (AKA Dilaudid) 8mg and I use that 4x a day,too, as needed. Reflexes were tested after a three month trial on the pain cocktail and I was cleared to drive again. Also, I had a complete psych work-up afterwards to make sure the drugs hadn't rendered me permanently stupid. IQ is still quite sufficient to make it into MENSA and not into .999's (but it wasn't enough to get me into .999 before the drugs, either!)

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False Positives: The Dark Secret of the Drug Testing Regime

The New Scientist has an excellent story on student drug testing which reveals, among other things, that the stupid tests don't even work:What's more, such tests can flag kids who are "clean" and miss genuine users. A study led by [director of the Adolescent Substance Abuse Program at Children's Hospital Boston, Sharon] Levy and published this month in Pediatrics (DOI: 01.1542/peds.2006-2278) examined recent drug tests of teenagers being treated for substance abuse. Of 710 drug tests performed, 85 gave incorrect results, either because the urine sample was too dilute to interpret properly, or because the test picked up prescription medicines. … "Drug tests can be very difficult to understand and interpret," says Levy. "There are lots of circumstances under which a kid could be using drugs and not test positive or have a positive test when they are not using drugs." The tests were wrong 11.9% of the time. That's unbelievable. If 12 students out of 100 are getting bogus results, these tests aren't even close to being useful. And while follow-up tests can sometimes set things straight, consider this:While the rules for federally funded testing say positive results must be checked by an approved lab, no such rules exist for the approximately 500 schools that are testing without federal grants. "Confirmatory testing adds a lot of cost. I don't think most schools are doing it." Levy says. So the tests are wrong with frightening regularity, yet many schools don’t even have procedures for following up on positive results. That doesn't mean they aren't doing it, but it certainly raises doubts. Here's just one example of how a false positive test can destroy a student's relationship with their school. As reformers, I believe we've been remiss in failing to emphasize false positives as a primary argument against student drug testing. It may prove difficult to establish the frequency with which they occur, but one is too many and the victims are highly sympathetic. When innocent non-users are accused and subjected to the stigma of drug use erroneously, all perceived values of the program are cast into doubt. This is an argument that might catch the attention of "clean" kids and proud parents who think they've got nothing to lose here. Funny Side-note: SSDP's Tom Angell once urine tested himself for fun. Tom's reputation for partying is rather undistinguished, so we were certain he'd come up negative across the board. Instead, he came up positive for amphetamines and barbiturates (isn't that what killed Elvis?). It was amusing that the test was so completely wrong the first time we ever tried it. But then we got chills thinking about families being torn apart by these fraudulent products. Come to think of it, there's nothing at all funny about any of this.

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Charges Dismissed Against Loretta Nall; Happy 4/20 To All of Y'all!

Alabama housewife turned activist Loretta Nall is out from under the long arm of the law, with the marijuana charges against her dropped as Cannabis Nation celebrates its unofficial national holiday, 4/20. She was arrested over an alleged roach after a pro-marijuana legalization letter she wrote to the Birmingham News prompted police and officials at her daughter's school to improperly interrogate the young child. The letter and the child's statements were the basis of the search warrant that led to her arrest. She was convicted in district court in 2004 of two misdemeanor counts and given a 30-day suspended sentence. But, activist that she has become, she appealed the conviction and sought to get the evidence from the search thrown out. Today, the judge ruled that prosecutors did not respond to Nall's motion, granted her motion, and suppressed the evidence. Prosecutors responded that without the evidence the case could not continue, and the judge then dismissed the charges. After her arrest, Nall blossomed as a marijuana reform activist, founding the US Marijuana Party, doing countless appearances and interviews, writing letters to the editor, and running for governor of Alabama under the Libertarian Party banner in 2006. Now, with the order of dismissal in her hand as of this afternoon,(and posted on her blog, Nall is in a justifiably exuberant mood: I am exquisitely pleased to announce that on April 17, 2007 my attorney informed me that the DA's office in Tallapoosa County *UNCONDITIONALLY SURRENDERED* to *ME* and will be formally withdrawing charges against me by the end of this week in the case that has dragged on for five years. Guess what that means friends and neighbors? Hidday Ho, just guess what that means! And, in the ultimate irony for the prosecution, it was finalized today on 4/20

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I'll Have A Porous Border With "Cheese" Please

Bryan Preston at Michelle Malkin's mega-blog Hot Air is very upset about the "cheese" epidemic that's killing kids in Texas. Preston's no rabid drug warrior, rather he falls into the growing camp of frustrated observers who reject legalization but acknowledge that drug-freedom is not exactly on the march. Here's his depressing conclusion, including my own optimistic reactions:All around, it’s an awful story. Drug cartels will always stay a step or two ahead of law enforcement. Legalization really won’t work. It worked against the alcohol cartels in Chicago. They were always "a step or two ahead" until their livelihood was transferred to private business owners. Poisonings from rancid bathtub gin went away too, as did violent turf wars. It was glorious.Unless we find a way to license every weed patch, meth lab, crack house and "cheese" shop in every country in the hemisphere and enforce the relevant regulations, the drug networks will always find a way to operate outside the law. Black markets for legal products are tiny and very rare. People buy their beer at the store, not from an alcoholic in an alley. Have some faith in capitalism, man. Legalize one drug, they’ll just invent another one or mix a couple of current ones for a whole new buzz, and then they’ll sell it to kids no matter what age restrictions we try to slap on. The current market couldn't be better designed to maximize dangerous merchandise and unrestricted youth access. We have everything to gain in these areas and nothing to lose. Recall that the whole premise of this story is that a new drug cocktail is killing young people.They’re criminals, and that’s just what criminals do. Our lax border laws aid and abet these criminals in preying on yet another generation, and the media and political elites just paper over the inconvenient particulars. It’s a shame and a disgrace. Yes, there's plenty of shame disgrace to go around. Criminals take over any profit-making opportunity left available to them, but drugs are far too valuable and dangerous to leave in crooked hands. As for the border, it's the drug war that incentivizes traffickers to cut holes in the fence. It's also black market corruption that fosters political turmoil throughout Central and South America. This is a big reason people are fleeing Mexico in the first place. Bryan Preston, you hate the solution we propose. I know you do. But do you prefer things the way they are now? The dead youth? The turf wars? The porous border? The wasted billions? Isn't it time to try something completely different?

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Cannabis Doesn't Cause Cancer, But It Might Cure It

When a NIDA funded study last May revealed no link between lung cancer and lifetime marijuana smoking, important questions were raised. We know that marijuana smoke contains carcinogenic compounds, thus NIDA's findings seemed to suggest that marijuana smoke somehow protects the user from its own inherently carcinogenic properties.Via Forbes.com, new research offers more insight into this fascinating revelation and brings us closer to the conclusion we've long suspected: cannabis just might cure cancer.Harvard University researchers have found that, in both laboratory and mouse studies, delta-tetrahydrocannabinol (THC) cuts tumor growth in half in common lung cancer while impeding the cancer's ability to spread.The compound "seems to have a suppressive effect on certain lines of cancer cells," explained Dr. Len Horovitz, a pulmonary specialist at Lenox Hill Hospital in New York City.According to the researchers, THC fights lung cancer by curbing epidermal growth factor (EGF), a molecule that promotes the growth and spread of particularly aggressive non-small cell lung cancers.I once witnessed Andrea Barthwell get stumped at an ONDCP press conference when someone asked her to cite a reference for her claim that marijuana caused lung cancer. That was funny, but this much funnier.Evidence that marijuana doesn't cause lung cancer has long consisted of the observation that marijuana smokers don't get cancer. But now you can google "marijuana+lung+cancer" and discover a list of excellent references refuting this old favorite of the prohibitionist camp. Heck, I can't even find it on the ONDCP's website anymore. Still, it's generally been assumed that the failure of marijuana smokers to contract lung cancer was attributable to their reduced consumption compared to that of cigarette smokers. That THC actually suppresses cancerous cells is a far more exciting and promising explanation. This suggests, among other things, that administering THC to one's lungs though non-smoking methods just might be remarkably good for you.With each passing year, the controversy surrounding medical marijuana becomes less of a debate and more of a referendum on the blind idiocy of the liars and quacks who've portrayed it as anything other than a miracle drug. If marijuana proves capable of curing cancer, will these people finally shut up?

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Losing Your Job: Another Thing For MMJ Patients to Worry About

This might be the greatest intro ever to a major media story on marijuana. From USA Today:On a typical weekday, stockbroker Irvin Rosenfeld has a marijuana cigarette before work, then goes to his firm's smoking area for another after he gets to the office. By day's end, he usually has smoked more than a half-dozen joints — and handled millions of dollars' in clients' holdings.…His firm, Newbridge Securities, supports his use of marijuana and says it hasn't hurt his performance.In so many ways, the mere existence of Irv Rosenfeld demonstrates the fundamental wrongness of typical anti-marijuana rhetoric. That he receives his medicine directly from the federal government proves that they've always known the truth, despite subsequently pretending not to. His success demonstrates that marijuana, even in large doses, can be part of a healthy and productive lifestyle.Of course, Irv is one of a shrinking handful of federally approved medical marijuana patients. The security he enjoys is highly anomalous:None of the states with medical marijuana laws requires employers to make accommodations for the use of the drug in the workplace, says Bruce Mirken, spokesman for the Marijuana Policy Project.Yet, there are legal gray areas for companies, say employment lawyers such as Richard Meneghello of Portland, Ore., who does seminars for companies on the topic.…Meanwhile, there are questions about whether medical marijuana laws would offer any protection to employers if a worker who used marijuana to treat pain ended up injuring others or making a mistake on the job. It's unclear whether such an incident has occurred.Medical marijuana has been legal in California for 10 years and it's "unclear" whether an incident has occurred. I think that says it all. Come what may, the truth will always be that competency is best determined by conventional means and not through urinalysis.Unfortunately, the problem goes beyond that of competent employees establishing the trust of sympathetic employers:Scott Seidman, a Portland lawyer who represented Columbia [a company sued for firing an MMJ patient], says the company had to maintain its drug-free workplace policy because it is a federal contractor.Once again, the federal prohibition against medical marijuana is central to the problem. Unless, of course, you're one of the few people who receive medical marijuana in the mail each month from the same government that says there's no such thing.

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Punk Rocker's Drug Test a False Positive -- But Charges Still Pending

Dr. Bronner's sent out this follow-up press release earlier today: FOR IMMEDIATE RELEASE CONTACT: Adam Eidinger April 17, 2007 Breaking News! Orange County Crime Lab Test Shows Dr. Bronner's Soap Clean of GHB or Any Other Drug Germs' Drummer Don Bolles Wrongly Imprisoned; Police Field Drug Test Kits Faulty ESCONDIDO, CA – The Bronner family, makers of the popular organic Dr. Bronner's Magic Soaps, has learned that the confirmation drug-testing at the Orange County crime lab of soap taken from Don Bolles does not contain GHB (Gamma Hydroxy Butyrate). The crime lab's confirmation tests use the GC-MS method which is much more accurate than the field drug test kits used by the Newport Beach Police, which on April 4th produced a false-positive for GHB for Dr. Bronner's peppermint soap. Based on this flawed faulty field test, Newport Beach police threw Don Bolles, drummer for the legendary punk band The Germs, in jail for three and half days over Easter weekend. Media reports that Dr. Bronner's soaps test positive for THC are also false. Bruce Margolin, attorney for Jimmy Michael Giorsetti who goes by the stage name Don Bolles, was told Friday by the Orange County DA that Mr. Bolles' soap tested negative for drugs. "Mr. Bolles' charges of felony drug possession charges have been proven false," said David Bronner, President of Dr. Bronner's Magic Soaps. "It's shocking that the DA's office is sitting on the lab results on the soap and hasn't dropped the charges already. Mr. Bolles has always been innocent in this case, but as long as these charges are pending he may not get a passport to travel out of the country to perform and is in major legal jeopardy," said Bronner who appeared in court last Friday to support Mr. Bolles. The next court appearance for Mr. Bolles is May 18, 2007. "Don and our soaps shouldn't have to wait a month to clear this up," says Bronner. "Our customers need to know now this whole soap opera is a mistake by police who tormented an innocent 50 year old man with jail. We purchased the same NarcoPouch® 928 GHB field test made by ODV, Inc. that was used by the police, and ran tests on our soaps. We confirmed that the test is useless when used on soap since every test came back positive. We also tested other common brands of soap including Johnson & Johnson's popular Neutrogena brand, as well as Colgate-Palmolive's popular Tom's of Maine brand, which gave the same false-positive tests as well. What kind of justice system allows police to use field drug tests that deprive citizens of their God-given liberty, that test positive for something as common as soap? What kind of policies and regulations are in place on police drug-testing practices and products, such that a US citizen can be tossed in the slammer over Easter weekend for possession of soap? Police departments nationwide should immediately stop using the ODV, Inc. field test for GHB as it is not accurate when used on soaps and who knows what other common household products." ODV, Inc is a subsidiary of Armor Holdings, Inc. Mr. Bolles was arrested following a search of his vintage 1968 Dodge A-108 van by the Newport Beach police. During the search they found an 8 oz bottle of peppermint Dr. Bronner's soap which is made with organic coconut, olive, hemp, peppermint and jojoba oils. The police ignored repeated pleas by Mr. Bolles that the liquid was nothing more than soap. "I've used only Dr. Bronner's soap for 35 years," says Mr. Bolles. "I use it for everything - bathing, washing my hair, washing my clothes - it goes everywhere I go. I'm scheduled to go to Europe to tour with The Germs this summer, but these felony charges could keep me from traveling out of the country." To arrange an interview with Don Bolles or David Bronner please contact Adam Eidinger.

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Peru's Garcia Seems Determined to Stoke Conflict With Coca Growers

Although the Peruvian government cut a deal with coca growers in San Martin state last month to end a strike, promising a temporary end to forced eradication of coca crops, it has since decided to resume the destruction of crops. Garcia has also vowed loudly to bomb coca crops and maceration pits. It is almost as if he is seeking confrontation with growers. Now he's getting it. Coca growers in Tingo Maria, Aucayacu, and Leoncio Prada announced strikes beginning today. Growers in San Martin's Tocache district are already rumbling over the government's reversal on eradication. And someone has taken more direct action: On Friday, snipers opened fire on an eradication team in Yanajanca, killing one civilian eradicator and wounding five police officers. Garcia is headed for Washington soon for trade talks. Is he attempting to curry favor with the US by taking a tough line on coca and cocaine? And what kind of price in terms of domestic conflict and violence is he willing to pay?

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Edward Bryne

? Edward Byrne In my investigation of a Sting Operation, I called the Oregon State Police to file a complaint and ask for an investigation . I was told I would need to go to the O.S.P. office that my complaint was

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With Friends Like These…

Outgoing U.S. Ambassador Hans Hertell says the Dominican Republic is our "most important ally" in the war on drugs. He might be right, but how pathetic is that?Our biggest ally in the collosal U.S. drug war is a tiny island nation in the Caribbean? I guess it depends what he means by "important," because the Dominican Republic is hardly a glowing example of progress in the international drug war. The fact that it's becoming more important isn't a good thing. According to the State Department, "in 2006, the DR saw a surge in air smuggling of cocaine out of Venezuela." Google news has several articles on increased drug trafficking activity there. And there might be even more news on drug activity in the Dominican Republic if drug traffickers weren't threatening to burn Dominican journalists alive.But the Dominican government loves U.S. drug war money, and President Leonel Fernandez accused us of negligence just three weeks ago for not giving him more of it. It's almost like he has an incentive to maintain a baseline of drug activity, while claiming an entitlement to U.S. tax-dollars to combat the problem. The U.S. and its drug war allies are the most drug-infested nations in the world. "We're almost there!" they exclaim, with self-congratulatory zeal, like lemmings on a glorious march to the clifftop. Actual progress is possible once we start doing the opposite of most things we've been doing.

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Punk Rocker Jailed -- Over Soap!

FOR IMMEDIATE RELEASE CONTACT: Adam Eidinger April 9, 2007 "Germ" Wrongly Jailed Over Soap Absurd GHB Drug Charges for Don Bolles, Drummer of the "The Germs", Stem From a Bottle of Dr. Bronner's Peppermint Soap Found in Van During Police Stop ESCONDIDO, CA – The Bronner family, makers of the popular organic Dr. Bronner's Magic Soaps are shocked and disturbed by musician Don Bolles' April 4th arrest for felony drug possession after police alleged an 8oz bottle of peppermint Dr. Bronner's Magic Soap tested positive for the illicit drug GHB (Gamma Hydroxy Butyrate). The notion that anyone would put GHB in a rinse-off liquid soap product is beyond belief, and the police field test used must have been flawed or tampered with. GHB, which produces euphoria and is an alleged aphrodisiac when ingested, of course has absolutely no effect in a soap product that is rinsed off the hands and body. Mr. Bolles, drummer of the legendary punk band The Germs, was arrested following a police traffic stop and spent three and half days in various jails in Orange County before being released early Easter morning. During a consented search of Mr. Bolles vintage 1968 A-108 van, Newport Beach police found a bottle of peppermint Dr. Bronner's soap which is made with organic coconut, olive, hemp, peppermint and jojoba oils. Felony drug possession could mean 20 years in prison if convicted. A pretrial hearing is scheduled for Friday, April 13, 2007 at the Harbor Justice Center, 4601 Jamboree Road Newport Beach, CA at 8:30am. "I've used only Dr. Bronner's soap for 35 years," says Mr. Bolles. "I use it for everything - bathing, washing my hair, washing my clothes - it goes everywhere I go. I'm scheduled to go to Europe to tour with The Germs this summer, but these felony charges could keep me from traveling out of the country. This whole thing could be really devastating to a 50 year old guy just trying to make a living. I told the officer 'its soap, it smells like peppermint soap,' but he seemed intent on arresting me." "It is totally outrageous that the police could be this malicious and idiotic," says Michael Bronner, Vice-President of Dr. Bronner's Magic Soaps. "This clearly is a case of profiling by the Newport Beach police of a person who doesn't look like the people who live in that town. We are paying the cost of Mr. Bolle's lawyer, and we demand the charges be dropped or proof from the police forensics lab of GHB contamination be immediately provided to us," said Bronner. Adds brother David Bronner, President: "We cannot imagine anyone putting GHB, or any other drug for that matter, into a rinse-off soap product that is lathered and rinsed off the body immediately. The Newport Beach police should see how much of a buzz putting beer in their shampoo gives them, and get a grip and apologize on their hands and knees to Mr. Bolles." At the time of the arrest Mr. Bowles was driving his girlfriend, and fellow musician Cat Scandal to an Alcoholics Anonymous meeting in Newport Beach. "I had heard of GHB but the police had to tell me what it was," said Bolles. "I'm going to fight these charges." To arrange an interview with Don Bolles, Michael Bronner or David Bronner please contact Adam Eidinger at [email protected]. ###

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"Pot. It mightn't kill you, but it could turn you into a dickhead"

This slogan, in all seriousness, will be appearing in magazines and on bus stops in Australia. I don't know what 'dickhead' means in Australian, but around here it means someone who isn't very nice.Needless to say, being a dickhead is neither a crime nor a likely result of smoking pot. Ironically, however, writing the word 'dickhead' on a bus stop generally is a crime if done for any purpose other than this one.Given what we know about the effectiveness of absurd anti-drug ads, I'd guess this campaign is unlikely to cause a decrease in marijuana use, but it might cause an increase in the use of the word 'dickhead.'In fact, it already has.

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Mouth Makeovers for Meth Moms

Tonight at 10:00, The Tyra Banks Show will be giving makeovers to disfigured recovering meth addicts in a thrilling episode titled "Makeovers for Life: Meth Faces."Tyra wrote a letter to the ladies, explaining how proud she was of them for kicking their addictions. She revealed they would all receive a life-changing makeover to erase the physical scars of their past. Their first stop was The Ora Dentistry Spa to have their teeth examined and repaired by Dr. Sam Saleh. Next, they visited top skin specialist Dr. Ava Shamban at the Laser Institute for Dermatology and Skin Care to take care of their severe skin damage. Finally, they were sent to the Warren-Tricomi Salon, where they were treated to new hair color and cuts.I know what you're thinking. Buying a shiny new grill for a meth addict re-enforces their destructive behavior. One might ask how people will learn to stop getting wasted on meth if Tyra Banks is going around getting them dental surgery.Well according to the Tyra Banks Show, meth chooses you, not the other way around:From CEO’s to soccer moms, meth has no preference.I don't know about that, but in fairness to Tyra, her approach to the meth problem makes infinitely more sense than almost anything that's been tried so far.Next week on Extreme Makeover: Home Edition, Ty Pennington and the gang will help victims of wrong address SWAT raids re-plaster their walls and replace their slain pets with cuddly new ones.

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The Brasch Letter

? The Brasch Letter In Coos County, Oregon the credibility of the states witness in a sting operation became an issue in my son’s trial. A local attorney who had to withdraw from my son’s case, stated he had

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