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I live in Licking County, Ohio- and until tonight, I had never heard of a case similar to mine.
Obama's New Medical Marijuana Statement: What Just Happened?
Today's news that DOJ is officially calling on federal prosecutors to respect state medical marijuana laws is already a top story in every major news outlet. Although the announcement merely formalizes existing administration priorities, it has done so with considerable fanfare and the medical marijuana community is naturally quite thrilled about it. This event -- and the substantial attention it has drawn -- provides yet another important measure of the rapidly evolving political landscape surrounding marijuana policy in America. It's important to understand how this happened, which is why I think this comment from Glenn Greenwald is a little bit off the mark: The Obama administration deserves major credit not only for ceasing this practice, but for memorializing it formally in writing. Just as is true for Jim Webb's brave crusade to radically revise the nation's criminal justice and drug laws, there is little political gain -- and some political risk -- in adopting a policy that can be depicted as "soft on drugs" or even "pro-marijuana."It's just not at all clear to me at this point what political risk exists with regards to protecting medical marijuana. Public support has ranged from 70-80% for a long time. We have a 9-1 record passing state-level initiatives to legalize medical marijuana, losing only in South Dakota. Obama's campaign promises on this issue earned only praise, while contrary statements from Romney, McCain and Giuliani ignited a firestorm of public outrage. Who even opposes medical marijuana anymore other than paranoid politicians, power-hungry police and creepy old drug war demagogues? Even Michelle Malkin and Bill O'Reilly are cool with it.The real story behind what happened today, I believe, is that the new administration sees public support for medical marijuana as the safest course from a purely political standpoint. They didn't have to issue this statement at all, let alone on a Monday morning, and I can only assume that they're perfectly content to make major headlines with it. As such, this event is significant not only for its implications with regards to medical marijuana, but also because it fundamentally reframes the political calculus that has long driven drug policy decision-making in Washington, D.C.There are many good things to be said about all of this, but praising Obama's political courage may serve only to unintentionally re-inflate the dubious notion that there's anything to fear by standing with us in the first place.
Justice Department Issues Medical Marijuana Policy Memo; Says No Prosecutions If In Compliance With State Law
Editor's Note: We wanted to get this important story posted today, but we will develop it further for the Drug War Chronicle on Friday. In a new federal medical marijuana policy memo issued this morning to the DEA, FBI, and US Attorneys around the country, the Justice Department told prosecutors that medical marijuana patients and providers in states where it is legal should not be targeted for federal prosecution. The memo formalizes statements made by Attorney General Eric Holder in February and March that going after pot-smoking patients and their suppliers would not be a high Justice Department priority. The memo marks a sharp break with federal policy under the Clinton and Bush administrations, both of which aggressively targeted medical marijuana operations, especially in California, the state that has the broadest law and the highest number of medical marijuana patients. The announcement of the policy shift won kudos from the marijuana and broader drug reform movement. But some reformers questioned what the shift would actually mean on the ground, pointing to DEA raids and federal prosecutions that have occurred since Holder's signal this spring that the feds were to back off, as well as continuing controversies, especially in California, over what exactly is legal under state law. Others noted that for real protection to be in place, federal lawânot just prosecutorial policyâneeds to change. In the memo, federal prosecutors were told that going after people who use or provide medical marijuana in accordance with state law was not the best use of their time or resources. According to the memo, while the Justice Department continues to make enforcing federal drug laws a key mission: "As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources." But the memo also said that federal prosecutors should continue to target marijuana production or sales operations that are illicit but hiding behind state medical marijuana laws. It explicitly singled out cases involving which involve violence, the illegal use of firearms, selling pot to minors, money laundering or involvement in other crimes. "It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, but we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal," said Attorney General Holder. "This is a huge victory for medical marijuana patients," said Steph Sherer, executive director of Americans for Safe Access, the nationwide medical marijuana advocacy organization, which had been in negotiations with the Justice Department to get written guidelines issued. "This indicates that President Obama intends to keep his promise not to undermine state medical marijuana laws and represents a significant departure from the policies of the Bush Administration," continued Sherer. "We will continue to work with President Obama, the Justice Department, and the US Congress to establish a comprehensive national policy, but it's good to know that in the meantime states can implement medical marijuana laws without interference from the federal government." "This is the most significant, positive policy development on the federal level for medical marijuana since 1978," said the Marijuana Policy Project in a message to its list members today. "It's great to see the Obama administration making good on the promises that candidate Obama made last year. These new guidelines effectively open the door to sensible collaboration between state governments and medical marijuana providers in ensuring that patients have safe and reliable access to their medicine," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "What remains unclear is how the Justice Department will respond to rogue state attorneys, such as San Diego's Bonnie Dumanis, who persist in undermining state medical marijuana laws in their local jurisdictions. Now is the right time for the Obama administration to move forward with federal legislation to end the irrational prohibition of medical marijuana under federal law." While the policy memo was "encouraging," the "proof will be in the pudding," said California NORML head Dale Gieringer, who also cited the recent raids in San Diego, as well as the August federal indictment of two Lake County medical marijuana providers. "Note that the new Obama policy has a glaring loophole, emphasizing that 'prosecutors have wide discretion in choosing which cases to pursue, and ... it is not a good use of federal manpower to prosecute those who are without a doubt in compliance with state law,'" Gieringer said. "The salient question is, who decides what is 'without a doubt' in compliance with state law? As shown by the recent statements of LA's DA and City Attorney, there exist significant doubts about the legality of most dispensaries in California. It remains to be seen how far the administration's new policy guidelines will go to prevent further abuses, when what is really needed is fundamental reform of federal laws and regulations." And so opens the next chapter in America's long, twisted path to the acceptance of medical marijuana.
Washington Post Story on Crack Sentencing Bill
Carrie Johnson at the Washington Post has written a nice story on the Durbin bill to reduce federal crack cocaine penalties to the level of powder cocaine penalties. It quotes my colleagues Jasmine Tyler of Drug Policy Alliance (known inside the Beltway as "Jazz") and Julie Stewart of Families Against Mandatory Minimums (FAMM), the sentencing reform group that has led the fight to end mandatory minimums since the early '90s. I have a minor nitpick with the article, which is that it presents the issue as having civil rights and justice reform advocates and some politicos on one side, with law enforcement on the other, quoting a spokesperson for the Fraternal Order of Police saying that in the past their members have favored raising powder cocaine penalties instead. While the article doesn't say that all law enforcement is against reducing the penalties, it does fail to mention that there is also law enforcement support for lowering penalties. The press release from Sen. Durbin announcing the bill cites Los Angeles police chief William Bratton, Miami police chief John Timoney, and the National Black Police Association. I also have to comment on some of the comments I saw by Post readers. Most of the commenters were in support of reducing penalties as the bill does. But a few characterized it as "stupid," saying it would allow people to go on selling crack in inner city black communities, and thereby hurting those communities. As usual, it's the people throwing around words like "stupid" who've done the least thinking about the issue. If they had in fact stopped to think, they would realize that: 1) possession sentences are getting adjusted by this bill, helping people now going to prison for years for just for possessing tiny quantities of crack; and that: (2) incarcerating a drug dealer just creates a job opportunity for another dealer. Often the new would-be dealers fight it out over the old dealer's turf, hurting the community much much more.
Do You Know Your Rights When Dealing With Police?
Check out the brand new redesigned Flex Your Rights website, which is so filled with delicious know-your-rights info and advice that it might even make you wanna go out looking for trouble. Of course, the point is not to embolden you (being cocky is a huge mistake), but rather to provide answers that arenât available elsewhere and help people heal just a little from the pressure and confusion of living in a nation that jails more of its citizens than any other.So please take a look and share it with friends and family. This is your first -- and sometimes only -- line of defense.
Has Anyone Seen Former Drug Czar John Walters Lately?
A post at the LEAP blog points out that John Walters has been conspicuously quiet recently. After beginning his new position as executive vice president at the Hudson Institute in January, Walters was producing pro-drug war editorials on a monthly basis, but we haven't seen anything from him since spring.LEAP speculates:Perhaps, toward the end of 2008, Hudson thought it a brilliant notion to bring on Walters to spearhead prohibitionist drug policy thought leadership for the conservative apparatus.But after witnessing the amazingly anti-prohibitionist shift that the public discourse on drug policy has taken throughout 2009, it seems that Hudson and the larger conservative establishment -- or anyone, for that matter -- just don't have all that much use for what John Walters has to say right about now.I'd love to think that Hudson told him to stop, or better yet, that he's been writing feverishly this whole time and newspapers just wonât print him anymore. Still, my first guess is that it's just a coincidence and Walters will resurface any day now to once again stink up the drug policy debate with his familiar brand of unhinged prohibitionist propaganda.And you know what? I hope he does. John Walters's tenure as drug czar ushered in an unprecedented period of progress for the reform movement, as he traveled the nation alienating the media and terrifying small children. I swear, every time he opens his mouth, thousands of new people start questioning the validity of his beliefs. So please John, don't leave us now. Things are just starting to get interesting.
Oakland Cannabis Tax on Lehrer News Hour Last Night
Oakland's new cannabis tax was highlighted on the PBS Lehrer News Hour report last night. The tax, counterintuitively, was supported by members of the Oakland medical marijuana community who are now subject to it -- an effective demonstration of the value the quasi-legal marijuana trade has for the Oakland community as a whole, at least that's the idea. I haven't had a chance to review the footage yet -- talk amongst yourselves. Favorable, neutral or otherwise, it's very much a sign of the times.
Senators Sponsor Bill to Lower Crack Cocaine Penalties
Update: There's video footage from C-Span2 of a Tuesday Congressional briefing on this issue by the Crack the Disparity coalition, online here. First speaker, Chief of NAACP DC Bureau Hilary Shelton. In July we reported that a bill in the House of Representatives, the Fairness in Cocaine Sentencing Act Fair Sentencing Act of 2009, had passed the full Judiciary Committee. Today Sen. Dick Durbin (D-IL) introduced a Senate version of the bill. There's no bill number yet, but we'll post back with it when available. Click here to read the Durbin office's press release. The Fairness in Cocaine Sentencing Act Fair Sentencing Act would increase the quantities of crack cocaine that are needed to trigger certain mandatory minimum sentences. Currently one can receive a five-year mandatory minimum prison term for possession of just five grams of crack cocaine, vs. 500 grams of powder cocaine needed for the same sentence, for example. Passage of the Act will mean that it would take 500 grams of crack to trigger the mandatory. In addition to Durbin, seven other Judiciary Committee members are original cosponsors: Judiciary Committee Chairman Pat Leahy (D-VT), Judiciary Committee Members Arlen Specter (D-PA), Feingold (D-WI), Cardin (D-MD), Whitehouse (D-RI), Kaufman (D-DE) and Franken (D-MN). Two other senators, John Kerry (D-MA) and Chris Dodd (D-CT) are also original cosponsors. While these are all Democrats, some conservative Republican senators had indicated they were likely to or were considering also supporting it. We'll see what happens. We were one of many organizations signing a letter to the Hill supporting this reform. Groups cited in the press release as supporting the bill include the American Bar Association, the Leadership Conference on Civil Rights, the National Black Police Association, and the United Methodist Church. The release also cites as supporters LA and Miami police chiefs Bill Bratton and John Timoney, and US Attorney General Eric Holder. All of these sentences should be repealed, of course, but in the meanwhile the Fairness in Cocaine Sentencing Act Fair Sentencing Act will help a lot of people to avoid some terribly long prison terms. Crack sentencing has been an injustice since the laws were passed in the mid-'80s, and a political issue since at least the early '90s when I started tuning in, so it's taken awhile to get to this point. It is looking pretty good for this to finally happen, but we can't take anything for granted. Look for an action alert sometime next week after there's a bill number.
Where NOT to Hide Your Stash
You can't make this stuff up: Lebanon man had bag of marijuana stuck to his forehead, police say By MONICA VON DOBENECK, The Patriot-News October 15, 2009, 10:55AM Cesar Lopez, a 29-year-old Lebanon, Pa., man, was busted Saturday when he walked up to a police officer with a small bag of marijuana stuck to his forehead, according to Lebanon police. Police said the officer went into a Turkey Hill convenience store on Lehman Street at 3:25 a.m. Saturday and saw Lopez holding a baseball cap and peering inside it. When Lopez approached the officer, he looked up, and the officer said he saw a small plastic bag stuck to Lopez's forehead. The bag appeared to contain marijuana, police said. The officer retrieved the bag from Lopezâs forehead and said, âIs this what you are looking for?,â according to the police report. Lopez was charged with possession of a small amount of marijuana and possession of drug paraphernalia. It is not uncommon for people to hide drugs in the inside lip of a cap, police said. As we say in the Upper Midwest: Oof-dah.
See you in Juarez? This Week's Mexico Drug War Update
So...the Stopthedrugwar crew will be attending the Drug Policy Alliance conference in Albuquerque a few short weeks from now. We've been discussing the possibility of taking a couple of days before or after the conference and shooting down to Ciudad Juarez. It's only a few hours down I-25, and the city across the Rio Grande from El Paso seems to be the hot spot for prohibition-related violence. Hmmm, maybe a little too hot, as this week's update suggests. Stay tuned. And now, Bernd's weekly gift to us all: Latin America: Mexico Drug War Update by Bernd Debusmann, Jr. Mexican drug trafficking organizations make billions each year trafficking illegal drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed over 12,000 people, with a death toll of over 5,000 over 5,800 so far in 2009. The increasing militarization of the drug war and the arrest of several high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war: Wednesday, October 7 Three men were killed in the state of Guerrero in different parts of the city of Tecpan de Galeana. Police believe that armed men travelling in two vehicles were involved in all three incidents, which occurred the same night. Thursday, October 8 A pregnant Guatemalan woman was killed along with her mother in Chiapas. The two Guatemalan women were found dead on a farm outside the city of Tuxla Chico. Additionally, five people were killed in Guerrero, three in Durango, and three decapitated bodies were found in Sinaloa. In the northern city of Monterrey, two people were killed and a third was wounded after a firefight took place inside a restaurant. Fifteen people were reported killed in Ciudad Juarez during the same 24 hour period. Friday, October 9 In Tijuana, the mutilated body of a state official was found hanging from a bridge. The official, Rogelio Sanchez, was kidnapped Wednesday, and was suspected by police of giving fake drivers licenses to drug traffickers. Tijuana is currently the scene of a violent turf war between the Arellano-Felix Cartel and a breakaway faction led by Teodoro Garcia Simental. In Guerrero, ten people were found executed, all bearing signs that read âThis is what is going to happen to thieves and extortionists. Respectfully, the Boss of Bossesâ. Local authorities offered no explanation for the notes. Authorities were alerted to the bodies--many of whose heads were found bound in masking tape--by a series of anonymous phone calls. In recent months many low-level criminals have been killed by vigilante groups thought to be working with the support of drug traffickers or members of the police. In the state of Jalisco, four suspected cartel gunmen were killed in an hours-long gun battle with the Mexican army. During the battle, a police helicopter which had been called to the scene was struck by gunfire. A helicopter gunship was also called in. In the state of Chihuahua, a soldier was killed and several wounded after being ambushed near the small hamlet of Colonia LeBaron. The area has been heavily patrolled following the July killing of an anti-crime activist and his neighbor. Monday, October 12 In the waters of the port city of Mazatlan, four men were arrested after the ship in which they were travelling was found to be carrying approximately 500 kilos of cocaine. After catching sight of an American naval vessel in the area, the men were seen began throwing the drugs overboard, set fire to their ship, and jumped into the water. American naval personnel rescued the men and turned them over to Mexican military authorities. Tuesday, October 13 In Ciudad Juarez, eight people were killed in drug-related violence. Among them was a woman who was found beheaded. The woman was in her late twenties and had a tattoo of Santa Muerte, or âSaint Deathâ, a symbol popular among Mexican criminals. In a separate incident, four men were killed when gunmen attacked a mechanics workshop, and three others were killed in other shootings. In Navolato, Sinaloa, a group of armed men kidnapped and killed the brother-in-law of a brother of Vicente Carillo Fuentes, the reputed head of the Juarez Cartel. The man, Jacobo Retamoza, 34, was the lawyer who represented the La Guajira farm, where in November 2008 a group of armed men dressed in military uniforms kidnapped 27 people. He was driving on a highway when he was intercepted by a group of heavily armed gunmen who spirited him away in a truck. Several hours later he was found dead with multiple gunshot wounds. In Chiapas, a vast arsenal was discovered after the arrest of four men, who ranged in ages from 21 to 41. The men had in their possession 21 AR-15 rifles, 18 AK-47âs, and five pistols, one of which was jewel encrusted. Additionally, law enforcement officers found 17, 212 rounds of ammunition, over 300 grenades, several blocks of TNT, a sniper rifle, nine vehicles, and confiscated two race horses found on the property. Total body count for the week: 178 Total body count for the year: 5,815 Read the last Mexico Drug War Update here.
In Act of Civil Disobedience, Hemp Farmers Plant Hemp Seeds at DEA Headquarters
Fresh from the Hemp Industries Association (HIA) annual convention last weekend in Washington, DC, a pair of real life farmers who want to plant hemp farmers joined with hemp industry figures and spokesmen to travel across the Potomac River to DEA headquarters in Arlington, Virginia, where, in an act of civil disobedience, they took shovels to the lawn and planted hemp seeds. Within a few minutes, they were arrested and charged with trespassing. Hoping to focus the attention of the Obama administration on halting DEA interference, North Dakota farmer Wayne Hauge, Vermont farmer Will Allen, HIA President Steve Levine; hemp-based soap producer and Vote Hemp director David Bronner, Vote Hemp communications director Adam Eidinger, and hemp clothing company owner Isaac Nichelson were arrested in the action as another dozen or so supporters and puzzled DEA employees looked on. "Who has a permit?" demanded a DEA security official. "A permit--that's what we want from the DEA," Bronner responded. After being held a few hours, the Hemp Six were released late Tuesday afternoon. On Wednesday, two pleaded guilty to trespassing and were fined $240. The others are expected to face similar treatment. Although products made with hempâeverything from foods to fabrics to paper to auto body panelsâare legal in the US, under the DEA's strained interpretation of the Controlled Substances Act, hemp is considered indistinguishable from marijuana and cannot be planted in the US. According to the hemp industry, it is currently importing about $360 million worth of hemp products each year from countries where hemp production is legal, including Canada, China, and several European nations. The DEA refused to comment on the action or the issue, referring queries instead to the Department of Justice, which also refused to comment beside pointing reporters to its filings in the ongoing hemp lawsuit. Currently, eight states-- Hawaii, Kentucky, Maine, Maryland, Montana, North Dakota, Vermont, and West Virginia--have programs allowing for industrial hemp research or production, but their implementation has been blocked by DEA bureaucratic intransigence. This spring, however, President Obama instructed federal agencies to respect state laws in a presidential directive on federal pre-emption: "Executive departments and agencies should be mindful that in our federal system, the citizens of the several States have distinctive circumstances and values, and that in many instances it is appropriate for them to apply to themselves rules and principles that reflect these circumstances and values," said Obama. "As Justice Brandeis explained more than 70 years ago, 'it is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory and try novel social and economic experiments without risk to the rest of the country.'" The hemp industry and hemp supporters see several paths forward. Farmer Hauge is a plaintiff in a lawsuit challengingly the DEA's interpretation of the Controlled Substances Act. That lawsuit is now before the 8th US Circuit Court of Appeals in St. Louis. US Reps. Ron Paul (R-TX) and Barney Frank (D-MA) are sponsoring a bill that would allow farmers to plant hemp in states where it is permitted, and the industry is urging President Obama and the Justice Department to follow their own example on medical marijuana and leave hemp farmers alone as long as they are legal under state law. But despite all their efforts, nothing is happening. Tuesday's civil disobedience was designed to begin breaking up the logjam. "We're getting frustrated," said Bronner, president of Dr. Bronner's Magic Soaps, which has been used hemp oil in its soaps since 1999. "This is supposed to be change with Obama, and things aren't changing. We just had the DEA and local DA go nuts on the dispensaries in San Diego where I live. We spent money on a lobbying firm to get a statement from the Justice Department along the lines of Holder's statement on medical marijuana, but nothing is happening. This would be easy to do, but it's not happening. We understand that Obama has a lot going on, but we're getting increasingly disappointed and frustrated. We hope this will help catalyze something in this administration." "We're like the fired-up hempsters, we're keeping Jack Herer's ideas alive," said Eidinger still fired up a day after his arrest Tuesday. "We're beginning a new chapter of hemp activism, and there needs to be a lot more of this stuff. Civil disobedience has to be part of a comprehensive campaign in the courts, in Congress, and out on the streets, in front of DEA offices all over the country." "We've passed a law in Vermont that you can grow industrial hemp," said Allen, the white-haired, pony-tailed proprietor of Cedar Circle Farm. "The only barrier now is the DEA, so we're trying to convince them to back off on this like they backed off on enforcing the medical marijuana law in California. Here, we have a crop that isn't going to get anybody high. We grow organic sunflower and canola, and we'd like to have another oil crop in rotation at our location. It just makes economic sense, and it's a states' rights thing. The DEA shouldnât be involved in this; this isn't a drug." "We want to get some attention for the cause and show the distinction between industrial hemp and marijuana," said North Dakota farmer Hauge, who is licensed by the state to grow hemp and who is a plaintiff in the lawsuit against the DEA now before the 8th US Circuit Court of Appeals. "It's not a drug; it's just another crop that can be grown in rotation. If it wasn't for the DEA, I would be harvesting my crop right now." Getting himself arrested for hemp activism in Washington, DC, was a totally new experience for Hauge, who is usually hunkered down on a few hundred acres of North Dakota prairie just south of the Canadian border and just east of the Montana state line. "It was definitely a first for me," said Hauge. "I've never even been stopped for anything." "We need industrial hemp here in the US, we need to bring jobs to this country," said Nichelsen, founder, owner, and CEO of Livity Outernational, a California-based fashion and accessory company that mixes art and activism. "I'm sick of making all our stuff in China cause thatâs the only place I can get the raw materials. We sent the message that there is a clear distinction between marijuana and industrial hemp," Nicholson said. "We need the support of our president and our law enforcement branches. They need to understand that the US is missing out on a giant opportunity. The myth that hemp causes any problems in society has been completely dispelled." Even DEA underlingsâif not their higher upsâget it, said Nicholson, recounting his exchange with one agency employee on Monday. "One DEA official came out and said, 'What's the connection between weed and hemp?' and we said, 'Exactly.'" The action brought some much-needed media attention to the issue, said Eidinger. "We got a really good article in the Washington Post, the Washington Times wrote about it, too, CNN used our video, NPR talked about the action, the Associated Press picked it up, we had a number of TV stations do reports, so we definitely reached a national audience," he recounted. "And North Dakota media has covered this closely; I've been on the phone with all the media in Bismarck. It wasn't just civil disobedience in front of the cameras. After the HIA convention ended, hempsters headed for Capitol Hill, where dozens of people attended over 20 scheduled meetings with representatives of their staffs to lobby for the Frank-Paul hemp bill. Some unannounced, unscheduled meetings also took place, Eidinger said. If the hemp movement indeed adopts further civil disobedience actions, it will have added another prong to its multi-prong strategy of pressing for the end of the prohibition on industrial hemp planting in the US. It might be time for other segments of the drug reform movement to start thinking about civil disobedience, too.
When is enough enough?
The America we once were would have been enraged by the lack of attention our country pays to itself.
Australia: West Australia Premier Vows to Roll Back Marijuana Reforms, Reenergize Drug War
Leading a Liberal-National Party coalition government, West Australia Premier Colin Barnett is introducing legislation this week to roll back reforms to the state's marijuana laws. Passed by an earlier Labor government in 2003, the changes decriminalized the possession of up to 30 grams of pot and allowed for the growing of up to two plants without fear of arrest and prosecution. In a media statement Sunday and another one Monday, the "tough on crime" premier gave clear notice he was cracking down on pot and other drug offenders, and was willing to extend police powers to do so. He said he would introduce legislation to repeal the state's Cannabis Control Act of 2003 and to amend the 1981 Misuse of Drugs and Youthful Offender Act. "The Liberal-National Government is committed to tackling both the demand and supply sides of the illicit drug problem through strong law enforcement policies, education and rehabilitation," Barnett said. "Cannabis is not a harmless or soft drug. Research continues to show that cannabis can lead to a host of health and mental health problems including schizophrenia, and can be a gateway to harder drugs," he maintained, treating highly controversial and discredited claims as if they were fact. According to Premier Barnett, his legislation will: ⢠Prosecute those in possession of more than 10g of cannabis ⢠See subsequent offences for possession being prosecuted as criminal offences. ⢠Prosecute people for cultivating even one or two cannabis plants. ⢠Extend the ban the sale of pot-smoking implements to minors to include everyone. ⢠Increase the fine for selling smoking implements to $5,000 for sale to adults and $10,000 for sale to minors. Corporate entities could be fined up to five times those amounts. Barnett also wants to "reform" the Cannabis Infringement Notice Scheme (CIN), or ticketing and fines for decriminalized amounts by replacing it with a Cannabis Intervention Requirement Scheme (CIRS) that would require anyone ticketed to attend "drug education" classes. It would also mandate that anyone who failed to pay his fine would be prosecuted, something that has not been the case under the current law. Barnett's scheme would also allow for the criminal prosecution for marijuana possession of juveniles after two decrim tickets and adults after one. The current law has no such measures. There's more to come, Barnett promised. "The next steps will be to amend legislation to enable courts to impose a harsher sentence on dealers who sell or supply illicit drugs to children, irrespective of the location of the sale or supply," he said. "Further amendments to the Misuse of Drugs Act 1981 will provide offences for exposing children to harm or to the danger of serious harm from the manufacture of illegal drugs, such as amphetamines, or the unlawful cultivation of illegal hydroponically-grown plants. The Government will also move to ban the sale of drug paraphernalia, including cocaine kits." But, he said Monday, he's going to start by soon introducing legislation to allow police to stop and search anyone without probable cause. The police commissioner would designate certain "stop and search" zones with advance public notice, especially in entertainment areas. "Police will have the right to go up to anyone they wish to and introduce a stop and search power," Barnett said. "It will not be an invasive search; it will be comparable to the sort of search and screening that takes place for any citizen getting on an aeroplane."
New Zealand: New Anti-Meth Measures Set to Go Into Effect; Tough Luck, Flu Sufferers
Under an anti-methamphetamine package announced last week by the government of New Zealand, popular cold and flu remedies containing pseudoephedrine will soon be available only by prescription after a visit to the doctor's office. The drug is a precursor chemical for manufacturing meth. "We're asking New Zealanders to band together and to accept using alternatives to treat their colds and flus to ensure New Zealand no longer becomes one of the countries most heavily affected by P [as the Kiwis refer to meth]," said Prime Minister John Key as he announced the a series of moves to combat meth use and production. In addition to restricting access to precursor chemicals, the government will spend more money on drug treatment programs, create a 40-man police anti-meth task force, and charge police with drafting a new anti-meth law enforcement strategy by next month. The government said it would pay for the programs with asset forfeiture funds. The pseudoephedrine announcement in particular brought a mixed reaction from the public. Some, especially those who had friends or family members who had had problems with meth, were supportive. Both others were "annoyed," asking why law-abiding people had to suffer for the actions of drug users and some "voiced concern that it was a bit over the top." Unsurprisingly, New Zealand police were happy with the new meth package. In a statement greeting the package's announcement, Assistant Commissioner Viv Rickard praised the "whole of government approach" as "more effective" in the battle against meth, but, as always, the police wanted more. "Police support the control of pseudoephedrine as it would allow us to concentrate resources and work with Customs on preventing the importation of precursors from overseas," Rickard said. "Precursor control is a vital part of disrupting the supply of methamphetamine, but no one action on its own will solve the methamphetamine problem. Stronger legislation around gangs, the ability to seize assets and profits of organized criminals and enhanced treatment programs will all contribute reducing the supply of methamphetamine and making our communities safer."
Law Enforcement: This Week's Corrupt Cops Stories--October 13
A sheriff shaking down motorists under the guise of asset forfeiture gets a slap on the wrist, and so does a narc who stole the cash from a drug raid. A drug investigation nets two Jersey cops--among others--and another Florida deputy goes down for extorting a pot grower. And sometimes, a cop may not be as corrupt as she first seems. Let's get to it: In Rochester, Minnesota, two of five charges against a Rochester police officer charged with drug corruption were dismissed on October 8. Officer Vanessa Mason was accused in April of tipping off drug dealers and taking money to deliver drugs, and was put on administrative leave then. The two charges were dismissed after a jailed Rochester man said he lied when he told investigators he helped Mason transport drugs last yearâhe said he felt pressured by investigators. She still faces one felony count of warning a subject of a surveillance operation and two misdemeanor counts of misconduct by a police officer. In Jersey City, New Jersey, a Hoboken police officer and a Jersey City police officer were among 17 arrested over the past month in a year-and-a-half long joint operation by the DEA and Jersey City police against a local cocaine trafficking organization. Jersey City Police Officer Mark Medal, 52, who was already suspended for problems with a drug test, was charged with conspiracy to possess cocaine, as was a ranking Hoboken Fire Department official, Battalion Chief Henry Setkiewicz, 59. Both were described as regular customers of the network, although it is not clear if it was for personal use or to resell. Hoboken Police Officer Ralph Gallo, 25, was charged with computer theftâcriminal computer activityâand official misconduct for allegedly checking a license plate against a law enforcement database for one of the network members. A Hoboken Parking Utility employee, Monica Thorpe, 42, faces similar charges for doing the same thing. In Miami, another Broward County sheriff's deputy was arrested last Friday in a drug extortion scheme against a marijuana grower that saw Deputy Manuel Silva arrested Oct 2. This week, it was Deputy Fausto "TJ" Tejero's turn. He is accused of acting as Silva's accomplice in offering to ignore the grow in return for cash payments. Tejero was at the scene with Silva when Silva searched the grower's home, found the pot, and offered silence for cash. He is charged with extortion, attempted bribery, burglary and unlawful compensation and is being held without bail. In St. Louis, a former St. Louis police detective was sentenced last Friday to one year and one day in prison for stealing money seized during a June 2008 drug raid along with two other officers. Vincent Carr, 47, also has to pay back $28,000. He pleaded guilty in February to conspiracy, wire fraud, making false statements, and obstruction of justice. The two other police detectives involved in the theft have also pleaded guilty. Leo Listen was sentenced in September; Bobby Lee Garrett will be sentenced next month. In Muskogee, Oklahoma, the former McIntosh County sheriff and undersheriff were sentenced September 23 to 27 months in federal prison for stealing money from motorists under the guise of asset forfeiture and keeping it for themselves. Former Sheriff Terry Jones, 36, and Undersheriff Mykol Brookshire, 38, pleaded guilty to "conspiracy under color of law to interfere with interstate commerce" for repeatedly seizing money from drivers under threat of arrest and then keeping either all or part of it for themselves. They went down in May of this year when the driver they pulled over and shook down turned out to be a federal agent in a sting directed at them. They found six bundles of cash, but when they called in the "bust," they only reported five.
Why Does PayPal Have a Problem With Medical Marijuana?
Our friends at NORML have run into a weird misunderstanding with the folks at PayPal. Apparently, the company has a vague drug policy and they've chosen to interpret it rather broadly:Paypal, the well-known internet payment company has told California NORML that it will no longer accept payments to our âtype of businessâ because we accept listing payments from cannabis-recommending physicians.After years of offering free listings to physicians and collectives at our website http://www.canorml.org, CaNORML began charging a yearly listing fee to cover our costs last year.PayPal froze CaNORMLâs account in June, saying that by accepting listing fees from collectives, we were violating their Acceptable Use policy, which says, âyou may not use PayPal in the purchase or sale of narcotics.â  It's absurd on so many levels:1. It's medical marijuana, not "narcotics." It's perfectly legal under state law and even the federal dept. of justice has agreed to respect state policies.2. California NORML isnât buying or selling medical marijuana. They're accepting donations and listing their sponsors. In no way does this violate the terms of PayPal's acceptable use policy.3. Even after California NORML removed listings for collectives, PayPal maintained that there was a problem with listing physicians on its site. Physicians? They don't even provide medical marijuana, so now you start to get the idea that PayPal is just being nasty. Do they want NORML to stop mentioning marijuana altogether?But here's the really unbelievably stupid thing about all this:4. You can buy alcohol on PayPal. You can straight-up order booze through PayPal and have it delivered to your door, but they have a problem with NORML merely taking donations from folks in the medical marijuana industry? There is no excuse for this. PayPal is under no legal obligation whatsoever to behave this way and their hypocrisy must not be allowed to go unnoticed. This isnât even a question of medical access. No marijuana was even being sold through their service. This is about the freedom of PayPal clients to associate with their patrons without being subjected to false and erroneous restrictions that reek of political prejudice. If PayPal thinks it's bad business to be associated with the medical marijuana community, let's show them how wrong they are. You can contact PayPal here:PayPal, 2211 N 1st St, San Jose 95131 (408) 376-7400I recommend reading the whole story from NORML first, so that your correspondence is fully informed. As always, we make the best impression by being firm, but also polite.
Awesome: Protesters Plant Hemp at DEA Headquarters, Get Arrested
The ban on domestic hemp cultivation is so profoundly stupid and crazy that the drug warriors won't even talk about it. Fortunately, some farmers found a novel way to draw attention to the issue:ARLINGTON, Va. â A half dozen people including two farmers have been arrested for trying to plant hemp seeds at the Drug Enforcement Administration headquarters in Virginia.â¦Hemp is related to marijuana and currently all hemp products sold in the U.S. must be imported.The Hemp Industries Association is lobbying lawmakers on Capitol Hill to decriminalize hemp farming for products like clothing and rope. [AP]The best part is that AP's coverage of the story inadvertently makes the central point worth understanding in the debate over hemp:Police say they had shovels in hand but did not appear to have any drugs and caused only minor damage to the lawn.See, hemp isnât drugs. Even the police admitted that it wasn't. So explain to us, please, why it is that American farmers can't grow hemp. Seriously, what's the problem here?
What's the Actual Value of a Marijuana Plant?
We've found many examples of police exaggerating the value of marijuana seizures, so I was interested to see this article in The Fresno Bee that debates the value of marijuana plants:"I don't think most plants [would yield a pound] at any one time, unless it's a massive plant," [NORML's Keith Stroup] said. "What would make more sense would be to weigh the buds," which are the part of the marijuana plant where the intoxicant, a chemical called THC, is located.Special Agent Casey McEnry of the federal Drug Enforcement Agency in San Francisco disagrees."We're not weighing the plants," she said. "When I give an estimate, it's based on how many pounds [a plant] is capable of producing."No it's not, because you have no way of knowing that. Overall yield depends heavily on the strain and the growing conditions/techniques. It varies from a couple ounces to multiple pounds. Ever notice how some kinds of trees grow taller then others? Same principle. The value of marijuana plants is hardly the biggest lie being passed around in the drug war debate, but it shouldnât be ignored either. Every day, some poor soul gets sentenced to prison based on erroneous estimates like this. These simplistic calculations frequently serve to falsely equate personal growers with major suppliers, all because law-enforcement officials are too lazy to actually weigh the appropriate part of the plant.Once again, the people enforcing our drug laws literally do not know what they're talking about.
religous and racial bigotry
the elephant in the room regarding anti user (ilicid drugs) legislation (so called war on drugs) nationwide, is religous and racial bigotry, until this issue is confronted head on, no sane approach