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The Speakeasy Blog

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] ###
Newport Beach, CA
United States

"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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Nobody Likes The Drug Czar

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Part 5 of NPR's disappointing series "The Forgotten War on Drugs" takes aim at Drug Czar John Walters:
During the course of research for this series, it became apparent that many prominent players in the war on drugs don't have many compliments for the current drug czar, John Walters.

Though President Bush appointed Walters to be the public face of the war on drugs, some anti-drug activists say he's been the invisible man.
What, is he supposed to go around racially profiling people and asking for consent to search?
Gen. Barry McCaffrey was drug czar from 1996 to 2001. He says, bluntly, that as far as he can tell, there is no federal drug policy at present.
Really? Tell that to the half-million non-violent drug offenders sitting in prison this evening. Yeah, we all miss the good old days when Barry McCaffrey was in charge and America was drug free.
Four members of Congress — all prominent drug warriors — have asked for the drug czar's resignation. Sen. Charles Grassley (R-IA) says Walters, even more than his predecessors, manipulates numbers to inflate the Bush administration's successes in drug policy.

"When it comes to statistics, I think it's fair to say they cook the books," Grassley said. "They use whatever statistics fit their public relations program."

The drug czar's office says that Grassley was "badly briefed."
Badly briefed by whom? This is hilarious. But to be fair, the drug czar's office is a "public relations program." ONDCP's resident doctor/scientist David Murray explains:
"My sense would be you're talking to the wrong people," Murray said. "You are talking with people who have a partial and mis-clarified sense of what the office does."
Exactly. ONDCP's purpose is to claim that the drug war works. You've got a better chance of getting stoned on marijuana-flavored lollipops than expecting candor or humility from this organization.  ONDCP is like a weatherman that always predicts sunshine. If you get soaked, it's your own fault for watching the fake weather report.
Of the more than 100 anti-drug professionals across America interviewed for this series — in overseas operations, domestic law enforcement, treatment and prevention — very few share the rhetoric of this drug czar: that we are "winning the drug war."
Are we witnessing the beginnings of a major rift within the drug war establishment? ONDCP's fraudulent routine of claiming progress in the drug war is no longer impressing its core audience. As a result, confused drug war supporters like NPR's Burnett, along with Lou Dobbs and others, have found themselves in the awkward position of articulating the failure of our current policies while simultaneously demanding their expansion.

This is terrible reporting to be sure, but at least the "how to win?" crowd isn't proposing specific policy solutions. Dobbs and Burnett are amplifying the message that the drug war is failing, and turning to ONDCP for answers it can't give.

These frustrated observers might want to begin by learning that it isn't ONDCP's fault the drug war doesn't work. But I'm all for firing John Walters on the off-chance that he bugs out like Michael Douglas in Traffic and admits the whole thing is a sham. That would be grand.

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Pushing Crap: 24 Hours Of ONDCP Blogging Boggles the Brain

At tremendous risk to my sanity, I read ONDCP's blog so you don’t have to. Keep in mind that the following was posted sequentially within a 24 hour period:

First ONDCP criticizes Gov. Bill Richardson for signing New Mexico's medical marijuana law:

Medical Marijuana in New Mexico: A Triumph of Politics Over Science

Next, it reports that prescription drugs now kill almost as many people as murderers:

Report: Prescription Drugs Deaths Nearly Equal Murders

Then it follows up with this:

"Anti-pot Message Needs to be Louder."

The announcement that prescription drugs are killing people at alarming rates is sandwiched between two hysterical posts about medical marijuana. Apparently, it requires massive loss of human life to distract ONDCP even briefly from its frantic campaign against patients with pot.

Meanwhile, murderous FDA-approved medicines are massacring Americans left and right, a fact to which the ONDCP pays lip service before exclaiming, in its very next post, that medical marijuana must really be very dangerous precisely because it hasn't been approved by the FDA.

ONDCP's mantra that FDA-approved medicines are safe and effective and that non-approved medicines are dangerous and unpredictable is exposed as utterly hollow and meaningless right on the front page of its own blog. And they have no clue because the actual human consequences of various medical decisions are the furthest thing from their minds when they write this malicious drivel.

Only by ending the fraudulent campaign against marijuana can the anti-drug movement salvage the credibility necessary to warn people about drugs that can kill you. But they're not ready for that. ONDCP is still busy touting these very same killer drugs as alternatives to medical marijuana. If attempting to comprehend the unintended irony of all this makes you nauseous, you're not alone.
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Drug Czar: Supporting MMJ is Politically Wise, But Don't Do It

New Mexico has officially become the 12th medical marijuana state, prompting reckless viciousness and incredulity from the Drug Czar. From AP:

"This is a triumph of politics over science," [Drug Czar John Walters] said, suggesting [New Mexico Governor Bill] Richardson sought "to curry the favor of wealthy donors who are marijuana legalization advocates."

That's rich. Considering overwhelming public support for medical marijuana, a more accurate political interpretation would assume that Richardson is attempting to "curry the favor" of almost everybody.

As I've said before, there are really only like six people on the "con" side of the medical marijuana debate. Our opposition otherwise consists of confused parents and arrogant moralists who would be panicking about something else if they hadn’t been tricked by these six people (it used to be seven).

If John Walters wants to bark about the political viability of marijuana policy reform, let's buy him a bullhorn.

(This blog post was published by's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)


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Drag Racing: The Anti-Drug

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Not to be confused with the superb know-your-rights manual by Katya Komisaruk (reviewed in the latest DWC), Beat The Heat is also a non-profit "Cops and kids" program in which police officers teach children to avoid drugs and alcohol by becoming interested in drag racing:
To help EDUCATE the young people of our communities about the real problems of illegal drug and alcohol use, To EDUCATE everyone to the horrors of alcohol or drug impaired driving, To promote a better understanding between the Police and the communities they serve and, To EDUCATE the general public about DRAG RACING, and encourage everyone to not race in the street.
Yes, these folks are, in all seriousness, offering drag racing as an alternative to risky behavior. Apparently, drug racing is fun for the whole family:
There are many, many women who Drag Race and several of them have advanced even into the VERY elite group of persons who drive the ultimate machine, the Top Fuel Dragster, at 300 Miles Per Hour.

With the advent of NHRA's new JR. DRAG RACING LEAGUE younger fans are now able to participate in Drag Racing at a very early age (8 years old).
8-year-olds, dude. They're letting 8-year-olds drag race in the name of drug and alcohol prevention, which may be the final sign that there's literally nothing you can't justify in the name of protecting kids from drugs. The overwhelming lunacy of it all is best illustrated by the fact that they're putting 8-year-olds behind the wheel of these massive death traps, even though children that young aren't even at risk for drug use.

In case it's actually necessary to explain that drag racing is vastly more dangerous than taking drugs, here's a video of some horrifying, fiery drag race crashes. Among other things, it's quite clear that these machines explode without warning, launching flaming shrapnel in every direction. Simply attending one of these events is arguably more perilous than the responsible use of any illegal drug.

Of course, despite our doubts about whether children should be recklessly endangered for a perverse photo-op, we don't think drag racing should be illegal. But the practice of teaching 8-year-olds to race each other in giant explosive rockets speaks volumes about the credibility of people who claim that marijuana will ruin your life.

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Peru's President Looking for Trouble in Coca Lands

Peruvian President Alan Garcia appears determined to spark an open confrontation with the county's hundreds of thousands of coca growers. Two weeks ago, we reported on a coca grower strike in Tocache. That was resolved last week with an agreement to end forced eradication of coca crops there. Now, Garcia has declared that forced eradication will resume and, for good measure, he is threatening to use military force to wipe out the numerous backwoods labs that process coca leaves into cocaine.
Peru, the world's No. 2 cocaine producer, should launch air strikes and machine-gun attacks to destroy jungle drug factories and airstrips used by traffickers, President Alan Garcia said on Monday. Garcia said a day earlier the destruction of coca crops would resume in one of the most-important cocaine-making regions in the South American country. Officials had made a deal with local farmers to halt the eradication. "We've got to finish every last cocaine factory and every last airport. Use the A37 planes, bomb and attack these airports, these cocaine factories with machine guns," Garcia said, directing his comments to the country's interior minister, who is in charge of the police that lead the fight against drugs. Peru is the second-largest producer of cocaine in the world after Colombia. "I'm not willing to be blackmailed ... I'm not going to be a straw doll or puppet of the political fears," said Garcia, who took office in July. According to official figures, Peruvian police raided 718 cocaine factories last year and seized 14.7 tons of partially processed cocaine. They also destroyed more than 25,000 acres of illegal crops of coca, the plant used to make cocaine.
While Garcia appears to be seeking confrontation, his leading rival, Peruvian Nationalist Party leader Ollanta Humala, who came in a close second to Garcia in last year's elections, has a better idea: Buy up the crop. According to Humala, $250 million over four years would buy 90,000 tons of coca leaves, which could be processed into legitimate nutritional and medicinal products, and would provide a window of opportunity for coca farmers to switch to alternative crops. Humala said he is worried about growing social conflict in the coca zones. Garcia, on the other hand, seems determined to exacerbate it.

Thanks Bob Barr, Now Can I Have My Faith in Democracy Back?

Christmas came nine months early with news that former drug-warring Congressman Bob Barr has repented and agreed to work with MPP on medical marijuana. One of our worst enemies has become one of our most promising allies in just a few years time. For me, this is perhaps the single greatest validation I've experienced since joining the drug policy reform movement (even though I had nothing to do with it).

It was November of '98 and I was finally 18. Lacking any significant interest in D.C. politics at the time, I deliberately registered to vote for the sole purpose of helping to pass Initiative 59 to protect Washington D.C.'s medical marijuana patients.

This was my first exposure to drug policy reform in my own community, and my first opportunity to participate in the democratic process. I spent the afternoon hanging out with friends and arrived at the polling site late afternoon in high spirits, eager to do my civic duty. I recall bumping into my dad, who assured me that he'd voted the right way on 59. Go, Dad!

Initiative 59 passed with 69%, making our city the cherry on top of MMJ victories in Alaska, Arizona, Nevada, Oregon, and Washington State.

I don't recall fully understanding the issue, but I knew it was the beginning of something important. Proposition 215 in California two years earlier had proven that compassion could triumph over tyranny in a democratic society, even beneath the shadow of the drug war's towering ramparts. I was inspired.

But then came the Barr Amendment to the D.C. Appropriations Bill:

An amendment to prohibit any funds to be used to conduct a ballot initiative which seeks to legalize or reduce the penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substance Act or any tetrahydrocannabinois derivative.
The first time I'd participated in the democratic process, the U.S. Congress intervened and overruled me. They also overruled my dad, and pretty much everyone I knew. A lot of people just shrugged it off, as D.C. residents had become accustomed to being marginalized politically. But I'd had my first taste of the hypocrisy of the drug war and the anti-democratic principles in which it is founded.

Many criminal justice courses, conferences, protests, and late paychecks later, the man who took away my voice has admitted he was wrong. Today I feel the righteousness of our cause in my heart. It is a feeling most drug warriors will never know.

Don't Snort The Pink Speed

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If you're not already dead, be warned that drug dealers are lacing meth with candy. According to experts at the DEA, it's obviously a cynical plot to trick children and stupid adults into doing lots of meth. From USA Today:
Reports of candy-flavored methamphetamine are emerging around the nation, stirring concern among police and abuse prevention experts that drug dealers are marketing the drug to younger people.

"Drug traffickers are trying to lure in new customers, no matter what their age, by making the meth seem less dangerous," [DEA Spokesman Steve] Robertson says.
Of course, the truth is that everybody likes sweets. Young people are disproportionately associated with candy because it's one of the only naughty things they're allowed to consume. It's probably also worth noting that children who want sugar won't buy it in an alley for $100 a gram, and that they are also often pumped full of meth derivatives by their doctors with no one complaining except the Scientologists.
"The traffickers know the word is out about what a horrible drug this is," [Deputy Drug Czar Scott] Burns says.

"They are having a tough time selling this product, especially to young people. What do people in marketing do when they have a tough time selling a product? They have to come up with some sort of gimmick."

Wait, what? I thought we were in the middle of a massive, unmanageable meth crisis. Scott Burns is right that meth use is on the decline, but it's annoying that he only brings this up when it suits him. Of course, meth use was going down before the "crisis" was even declared, yet these late-comers wanna take credit for saving America with poignant public service announcements. It wasn't until 2005 that ONDCP figured out meth and marijuana were different drugs. And they continue to mix them up.

Seriously though, it's the users who decide what drugs are in and out. There's no evidence that street-level marketing schemes or ONDCP propaganda make a lick of difference to party people who want the most bang for their buck. They know what they're after. Pink meth exists because people want pink meth, not because they don't want any meth at all.

Drug policy expert Chris Rock explains it best in his classic performance Bring the Pain:

"Drug dealers don't sell drugs. Drugs sell themselves. It's crack. It's not an encyclopedia. It's not a f**king vacuum cleaner. You don't really gotta try to sell crack. Ok?

I've never heard a crack dealer going "Man, how am I gonna get rid of all this crack?!"
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House Judiciary Committee Passes Second Chance Act

[Courtesy of FedCURE,]

Just a week after the re-introduction of the bill, today members of the House Judiciary Committee passed H.R. 1593, the Second Chance Act of 2007. The bill will now be sent to the House floor for consideration, which sponsors say will take place in mid-April. During the mark-up of the bill, members voted down several amendments that would have jeopardized the bipartisan support for the bill.

The Second Chance Act would authorize a $65 million re-entry grant program administered through the Department of Justice for state and county re-entry initiatives, and a $15 million re-entry program for community and faith-based organizations to deliver mentoring and transitional services. The bill also retains a number of drug treatment provisions that were added to the legislation last session. Last week, the Second Chance Act was reintroduced by Rep. Danny Davis (D-IL) and Chris Cannon (R-UT) and has a growing list of bipartisan co-sponsors. The Senate plans to reintroduce their version of the bill later this week.

For more information on the Second Chance Act click here or contact Sara Paterni at [email protected].

Washington, DC
United States

Lou Dobbs Sucks Live

I don't have cable, so the only way to catch the latest edition of Lou Dobbs' appalling series "The War Within" was to attend a live filming at George Washington University. The value of actually being there was limited, although it was comforting knowing I could disrupt the live broadcast if I felt I had to.

To be fair, tonight's episode was a bit less offensive than previous installments. The focus was on addiction, and despite periodic outlandish Dobbsisms about "winning the drug war" and so forth, there were many valid concerns raised. Still, for a show that promises "News, Debate, Opinion," Lou Dobbs entirely failed to provide any debate. He brought out recovering addicts and school administrators, but his primary expert guests were Nora Volkow (NIDA), Joseph Califano (CASA), and Terry Klein (SAMHSA). As far as I can tell, these people completely agree on everything from public health policy to pizza toppings.

Having just discovered that the drug war isn't working, Dobbs would do well to consult some of the experts who've been predicting failure for decades. Califano offered the startling statistic that the U.S. has 4% of the world's population, but consumes 2/3 of the world's drugs. It is of course mind-boggling to contemplate how such an observation doesn’t lead to an immediate referendum on the policies that have gotten us here.

Thus, Lou Dobbs has become a curious and increasingly common character in the drug policy discussion. He can see that nothing's changed. He wants to talk about "how to win," yet he insists on having that conversation with people who haven’t had an original idea about drug policy in their wildest dreams. Bizarrely, he interrupts the discussion of treatment to complain that our interdiction efforts are ineffective and under-funded, quickly snuffing out my faint hope that Dobbs' newfound interest in treatment would lead him to question the value of buying more helicopters to chase speedboats across the Gulf of Mexico.

Dobbs' insistence that the drug war is failing stands in stark contrast to recent ONDCP propaganda about how "America's drug problem is getting smaller," thus it's interesting to consider how a John Walters appearance on the "The War Within" would play out. If Walters could get over any potential objections to the premise of the program, he and Dobbs might have a blast plotting how to double our drug war losses.

Lou Dobbs, self-proclaimed champion of the middle-class, seems to think the solution to drug abuse is inside the wallets of American taxpayers. Guess he's got a "war within" going on right up there in his giant, ignorant head.

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STATS is a resource you should know about.

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I want to bring to your attention a great resource for debunking bad science posing as policy analysis. The Statistical Assesment Service (STATS) at George Mason University says its mission is "correcting scientific misinformation in the media resulting from bad science, politics, or a simple lack of information or knowledge; and to act as a resource for journalists and policy makers on major scientific issues and controversies." And it is very good at what it does. STATS got on my radar again this week with a nice report on the British "skunk" controversy, the dispute in the British press over just how much stronger skunk is than regular weed and whether skunk is causing teens to turn into schizophrenics. "Do Skunk Stats Stink? examines the controversy and the often overheated claims swirling around it. Check it out. The skunk article was written by Trevor Butterworth, but much of the examination of statistical claims related to drug policy is done by Maia Szalavitz, an uncommonly gifted and acute observer of the statistical drug wars. This month, Szalavitz has gone after Joe Califano's National Center for Alcohol and Substance Abuse, which recently raised alarms over college student drinking and drugging. "Is There a College Substance Abuse Crisis?" Szalavitz asks, or is this yet another example of CASA's manipulating the numbers? Read it and find out. She also blogged on the Huffington Post on the Richard Paey case. Paey is the Florida pain patient doing a 25-year sentence as a drug dealer for trying to obtain sufficient pain meds. And Szalavitz took on CNN's Lou Dobbs, who has lately been on a crusade to revitalize the drug war. In addition to gallantly appearing with the populist poseur, she took him to task in print with "Lou Dobbs on Drugs. Check out any or all of these pieces to see how statistical analysis and careful argumentation is done right. STATS is a valuable resource for all of us.
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4th Amendment Victories in State Courts

Cross-posted from Flex Your Rights

We've got some more required reading for all you "4th Amendment is dead" fools who keep farting on our freedom parade. I know, there's no shortage of police, judges, and prosecutors who can't find big enough boots to trample your rights with. Believe me, I know. But the law evolves over time, as does the behavior of our public servants. This month brought a couple examples of the ability of State Courts to set a higher threshold of 4th Amendment protection for the citizens they serve.

This week, the Wyoming Supreme Court rejected the State's argument that the inadvertent discovery of marijuana in a home justified searching a lockbox found elsewhere in the residence.

The Supreme Court, in an opinion written by Justice William Hill, said the state failed to prove the search that disclosed the evidence which was the basis for the charge against Benton was reasonable under the Fourth Amendment to the U.S. Constitution and the Wyoming Constitution.

Hill's opinion quoted the amendment that protects citizens against unreasonable searches and seizures and case law "because we wish to make clear that the issue presented in a case such as this is one of the most important known to Anglo-American jurisprudence."
Meanwhile, in Vermont, the State Supreme Court has issued an impressive ruling declaring that post-arrest vehicle searches require a warrant. I've long lamented the unfortunate search-incident-to-arrest doctrine, which holds that officers may automatically search a vehicle after arresting the driver. I understand that police believe arrestees are more likely to be involved in unrelated criminal activity. Still, the "officer safety" justification that has been used to uphold these searches simply doesn't apply, since an arrested suspect has no access to their vehicle.

Vermont has now departed from U.S. Supreme Court precedent by requiring that officers obtain a warrant before performing post-arrest vehicle searches. Constitutional minimum standards require states to uphold at least the same amount of Bill of Rights protection as the federal government. Pete Guither observes hilariously that "actually, the federal Bill of Rights provides greater protections from unreasonable searches and seizures than does the federal government."

Still, the failure of the federal government to abide by their own standards does not displace the important ability of states to provide greater levels of privacy protection to their citizens. I think this pretty much says it all:
"The warrant requirement is robust, alive and well under the Vermont Constitution. It's gasping on life support under federal law," said Michael Mello, a professor at Vermont Law School in South Royalton. "It's a reaffirmation of Vermont -- we're special, we're different -- and the subtext is we're smarter and better than you, United States Supreme Court."
Let's hope other states continue to outsmart the U.S. Supreme Court. When it comes to the 4th Amendment, it really isn't that hard.

United States

The Coveted ONDCP Hiking Award

Any police officer who's ever risked life and limb in the line of duty should be enraged. The Drug Czar is giving out awards to officers who hike around California forests pulling up marijuana plants. From The Willits News in Mendocino:
The Mendocino National Forest Law Enforcement team has received a national Director's Award from the President's Office of National Drug Control Policy for its outstanding service to the nation in combating marijuana trafficking on the national forest last year.

"More marijuana was taken by this team than any other group within the Forest Service in 2006," the citation from Director Walters reads. "In honor and appreciation to the individuals whose outstanding accomplishments greatly enhanced the results of the National Marijuana Eradication Initiative your remarkable efforts have helped protect America from crime, drugs and violence," the award continues.

That's simply not true. I don't recall hearing about a marijuana shortage last autumn. There's no evidence that this activity has prevented anyone from using marijuana, just as there's no evidence that stopping people from using marijuana would be beneficial even if it were possible. What we've got here are a bunch of well-meaning, highly-trained public servants whose talents are being wasted on a glorified easter-egg hunt. The only reason we don't send boyscouts to do this is that they can't be trusted.

Now to be fair, the task does involve rappelling from helicopters, which can get a bit dicey. But that's not the danger that tends be emphasized here. More typically, we're told that grow sites are booby-trapped (which is actually to thwart thieves), and that 22-caliber rifles are commonly found (which are to shoot rodents and other pests). In short, the real heroes of the forest are fire-fighters, which we could have more of if we ended drug prohibition.

Still, while I vehemently deny that there's any significant danger associated with marijuana eradication in national forests, I am prepared to acknowledge that there's a certain amount of skill involved in actually locating the plants. I've spent a considerable amount of time hiking myself, and despite my best efforts, I've never discovered a massive secret marijuana garden.

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Bong Hits 4 Ever

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The Washington Post has an important point:

WHAT IS a bong hit 4 Jesus? We're not sure, and we doubt anyone really knows what the phrase means -- which is one reason the Supreme Court ought not to regard it as prohibited speech.

It's true. Prohibiting something you don't understand is the height of ignorance. All attempts to interpret the statement can be dismissed as the desperate fulminations of confused people who demand arbitrary authority to shield themselves from future confusion.

Now that it's been immortalized by the very people who find it objectionable, bong-hits-for-Jesus will probably be with us for quite some time. In the interest of preventing subsequent misunderstandings, I propose that we decide what it means. I vote that we use bong-hits-for-Jesus as a dissmissive retort to anything that doesn’t make sense. For example, if someone's carrying on about something you disagree with or don't understand, you'd reply "bong-hits-for-Jesus, dude."

If we succeed in making BH4J the next WWJD, the censors will surely come to regret ever complaining about it in the first place.

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Snitching For The DEA Isn't As Fun As It Sounds

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Juan Medina has an IQ of 77. Suffice to say he ain't no rocket scientist. Medina's limited mental capacity precludes many potential employment opportunities, but it was good enough for the DEA, which made him a secret agent. It didn't work out very well.

From The New York Times:

Mr. Medina, who had no previous criminal record, said he became involved with the D.E.A. in the fall of 2004, a few months after his father was sentenced to 20 years in federal prison on drug conspiracy charges. He said he was told that if he helped the agency, his father might win an early release.
Mr. Medina said he signed a contract even though he told agents he knew little about his father’s criminal associates.

Despite his limitations and the "unremarkable life" he'd led, Medina managed to infiltrate a gang of drug dealers in Brooklyn. Things took a turn for the worse when Medina's criminal associates took him along on a robbery. He claims to have notified DEA of their plans and even waited around for police after the heist went down. To his surprise, no one at DEA would corroborate his story.

The D.E.A. has acknowledged that Mr. Medina, 24, was under contract as an informant. But the agency has not come to his aid, and is, in fact, helping prosecute him on charges of burglary, robbery and criminal possession of a weapon stemming from the robbery at a Bronx apartment. If convicted, he could be sentenced to 25 years in prison.

Whether or not the DEA knew about the robbery, as Medina claims, they bear full responsibility for his actions. They took a man with a limited mental capacity, exploited his love for his father, and sent him on dangerous missions. Their assistance in his prosecution is a rather transparent attempt to cover up their mistake.

This is a perfect example of the reckless abandon with which the DEA operates. Their insatiable greed compels them to create crime and confiscate the proceeds. Sadly, innocent people like Juan Medina are the easiest prey.

United States

The Drug War Rules Til It Comes For Your Friends

Posted in:
I found two different stories this month about law-enforcement insiders tipping off friends prior to a drug raid. It certainly is revealing to see folks become suddenly concerned when the drug war targets someone they know.

This one involves a dispatcher who warned friends of an upcoming raid on another friend's home. Officers became suspicious after finding nothing during the search.

Another involves a prosecutor who tipped off a relative about an upcoming raid, then turned himself in and resigned after realizing the severity of his actions.

Basically, this guy put people in jail for a living, only to freak out and destroy his own career the moment the drug war touched his family. It's a startling change of heart, but I suspect many drug war participants would do the same. The callousness and brutality of the war on drugs becomes vivid and sickening once you're forced to confront the humanity of its victims.

Oddly, both incidents prompted accusations of endangering police:
Joliet Police Chief Fred Hayes said calling off the operation averted a potential disaster. The prosecutor's relative was "an associate" of the target of the operation, and the target learned of it, Hayes said.

"I think the state's attorney's office handled it very professionally and expeditiously," Hayes added, saying the supervisor's quick action might have prevented officers from being placed in serious jeopardy.
One must scrupulously avoid rational thinking in order to reach this conclusion so effortlessly. Does anyone really think the suspect would wait around and try to fight the police? If anything, the tip makes the raid safer because (1) the suspect will have removed all evidence and has no cause for desperation, and (2) the suspect knows it's a raid rather than an armed robbery.

The average drug dealer ain't Tony Montana jacked on blow ready to take on the world with an M-16. Anyone homicidal/suicidal enough to choose an optional fight with the SWAT team is probably already up in the proverbial bell-tower. Nobody would risk their career to warn someone like that anyway.

Yeah, I know it's the drug war, but can we stop to think for just one minute? I'll count to 60. Let me know what you come up with.
United States

Buying Bananas Supports Terrorism…Seriously

Only the drug war could create a situation in which banana consumers inadvertently support terror. Makes you wonder what else supports terrorism. Coffee? Soda? Probably, but it's really the international drug war that facilitates the growth of terrorist armies and empowers them to extort absolutely everything in sight.

Banana manufacturer Chiquita Brands International is in big trouble for paying protection money to various terrorist armies in Colombia. They've been assessed a $25 million fine in U.S. federal court and now Colombian prosecutors are seeking the extradition of 8 Chiquita employees. From
Prosecutors say the Cincinnati-based company agreed to pay about $1.7 million between 1997 and 2004 to the United Self-Defense Forces of Colombia, known as AUC for its Spanish initials.

In addition to paying the AUC, prosecutors said, Chiquita made payments to the National Liberation Army, or ELN, and the leftist Revolutionary Armed Forces of Colombia, or FARC, as control of the company's banana-growing area shifted.
These poor bastards at Chiquita got extorted out of $1.7 million by the AUC only to then be extorted out of another $25 million by the U.S. Justice Department. We'll see about the extradition, but I give it good odds considering our interest in maintaining healthy mutual extradition policies with the Colombian government.

You gotta feel for these folks considering that banana cultivation is one of the more legitimate economic activities going on in Colombia. This kind of publicity isn't doing any favors for our crop substitution efforts.

Thanks to drug prohibition, you can't even grow goddamn bananas without becoming a pawn in the international war on narco-terrorism.

United States

More Reefer Madness in the UK Press

The current anti-cannabis crusade in the UK press is going hot and heavy. I imagine we're all used to the "cannabis boy in drugs shame" tabloid headlines from over there, and, as I blogged a couple of days ago, we now see respectable newspapers like the Independent on Sunday flip-flopping on marijuana (now it's bad). But sometimes, it's just too ridiculous. Here are the opening paragraphs of a story about potent weed from the Liverpool Echo:
Police issue warning about super strength Cannabis Mar 20 2007 by Ben Rossington, Liverpool Echo SUPER-strength cannabis so potent that just one puff can cause schizophrenia is being grown by Merseyside drug gangs. Cannabis resin, usually smuggled in from Morocco, has been replaced by home-grown super skunk as the drug of choice for sale by criminal gangs on Merseyside. Experts warn this new strain of cannabis is so incredibly strong it can bring on the early signs of schizophrenia from a single puff. Today Merseyside’s police chief has warned that organised gangs are moving into the production of the drug as a quick way of making cash.
Wow, that stuff must have a 150% THC content. The article also repeats the claim that this super-skunk is 25 times more potent than what Brits are used to. But here's what the most recent peer-reviewed scientific evaluation of THC levels in Europe had to say:
EDITORIAL Cannabis potency in Europe There has been much recent interest in the possibility that the concentration of Δ9-tetrahydrocannabinol (THC), the active principle in cannabis, is now greater than it was. If pronouncements in the popular media are to be believed, the THC content (potency) is 10 or 20 times the levels of only a generation ago, giving apparent cause for concern about increased problems. The more cynical might comment that this is also a convenient rallying cry for those against an increasingly permissive attitude to cannabis use. But to what extent do the available data justify this fear? If one begins to explore the issue in more detail, it becomes evident that concerns about high potency cannabis are by no means new, and the reality appears both less alarming and more complex. THE FACTS AS FAR AS THEY ARE KNOWN A recent study [1] found that data overall were weak, but the evidence available suggested that the potencies of resin and herbal cannabis that have been imported into Europe have shown little or no change, at least over the past 10 years or so. This is hardly surprising, as these products have been made by traditional methods that have probably remained the same for generations. In Europe, average potencies of imported resin and herbal cannabis are typically between 2% and 8%. Cannabis (hash) oil is uncommon in Europe, but its THC content has also shown no clear trend over many years. What has changed throughout Europe and elsewhere is the appearance, from the early 1990s, of herbal cannabis grown from selected seeds by intensive indoor methods. This material, best described as domestically produced 'sinsemilla' (from the Spanish sin semilla—without seeds), is also known as 'skunk', 'buds' or 'nederwiet'. Its hydroponic cultivation, with artificial control of 'daylight' length, propagation of female cuttings and prevention of fertilization certainly does produce cannabis with a higher potency; on average it may be twice as high as imported herbal cannabis, although the two potency distributions overlap and some samples of imported cannabis are, and have always been, of high potency [2]. The increased THC content of herbal cannabis produced by indoor methods is a consequence of both genetic and environmental factors as well as freshness (i.e. production sites are close to the consumer and storage degradation of THC is thus avoided). There is some evidence that the potency of domestically produced sinsemilla is gradually increasing, perhaps as a result of continual improvements in technique. This product is distributed through the same networks as other cannabis products but, as indicated by the presence of home-grow shops in some European countries, consumers are also producing the drug at home. However, a note of caution is needed when assessing this information. Data on potency trends over 5 years or more were available only from five countries in Europe; in some of these the test sample sizes were low or unknown. Questions exist in terms of how representative the seizures are of the overall illicit market and in terms of the subsampling and selection of material from individual seizures for forensic testing. In addition, for a number of methodological reasons, both the reliability and comparability of data from different forensic laboratories were questionable. By far, the greatest number of THC analyses was carried out in Germany, with over 7000 measurements annually, but no distinction was made between imported and home-grown herbal cannabis. There has also been a rise in overall potency in North America, but in Australia and New Zealand the picture is less clear. THE IMPLICATIONS FOR PUBLIC HEALTH If the strength of some forms of cannabis has increased, then is this a cause for concern? The first matter to address is whether the availability of a more 'concentrated' form of a drug is in itself an issue. A parallel might be drawn here with the consumption of alcohol. Public health consequences of alcohol consumption are not a simple function of the strength of the beverage consumed, be it beer, wine or spirits. Rather, at population level, research suggests that it is the total quantity of alcohol consumed that is important rather than the concentrations in which it is sold. How far this parallel holds for cannabis is unknown, but it does raise the question of whether the availability of high potency cannabis impacts on total consumption levels of THC. It is still unknown whether those who smoke higher potency cannabis have higher blood levels of THC or whether they titrate the dose according to the subjective and relatively immediate pharmacological effects. It should be noted that even if we consider only the smoking of cannabis cigarettes/joints, all the following factors will influence an individual smoker's dose exposure: the amount used per cigarette/joint, sharing with others, the number of cigarettes/joints consumed per session, the number of sessions in any given time period, and individual smoking technique. As Hall et al. [3] note, age of onset of use and frequency of use are likely to be more influential than changes in potency in determining consumption levels. It is also important to note that, as far as we can tell, for most countries the market share of sinsemilla appears to be currently quite low. For example, in the United Kingdom it is estimated that resin comprises 70% of consumption. Of the remainder, about half comprises 'traditional' herbal cannabis and half sinsemilla. In other words, if the effective potency (the weighted average) had been 5%, then the appearance of sinsemilla can be estimated to have increased this to no more than 6%.
There is more from this academic review at the link above. This week, I'll be talking to people in Britain about all this for a feature article out Friday.
United Kingdom

Hurwitz Prosecutor Caught Up in US Attorneys Controversy

good riddance, let us hope We have not previously commented here about the US Attorneys firing controversy (or scandal, depending on how one looks at it) -- mostly because drug policy has not come up in it -- partly because we assume that both the people who got canned and the people replacing them are all all likely to be serious SOBs from our point of view. For example, it was one of the firees, San Diego's Carol Lam, who prosecuted medical marijuana provider Steve McWilliams, an act that ended in McWilliams' suicide. Readers who have followed the pain issue will doubtless be interested to know that the guy who prosecuted pain physician Dr. Hurwitz, Paul McNulty, and who was responsible for the infamous withdrawal by the DEA during that prosecution of the pain FAQ it had worked together on with doctors and other experts, is in serious hot water. McNulty was the US Attorney for eastern Virginia at the time, but was subsequently promoted to the #2 spot at DOJ. According to his official bio he played a key role in abolishing parole in Virginia in 1994. McNulty's name has come up on and off within the firings matter since early on, but until this evening it seemed like he might survive it and quite possibly become the next Attorney General. But things have shifted again in this fast-changing story. According to the Politico, in a story filed at 9:06 EST:
Republican sources also disclosed that it is now a virtual certainty that Deputy Attorney General Paul J. McNulty, whose incomplete and inaccurate congressional testimony about the prosecutors helped precipitate the crisis, will also resign shortly. Officials were debating whether Gonzales and McNulty should depart at the same time or whether McNulty should go a day or two after Gonzales.
Let's hope the reporting about McNulty at least is on target. Whatever the cause for his career's abrupt ending, it will be a good thing. McNulty's actions in the Hurwitz case caused incalculable damage to the cause of pain management with opioids for patients who need it -- effectively he caused large numbers of pain patients to be tortured through denial of medication or under-use of it. Having met Dr. Hurwitz a number of times, and counting a number of his former patients friends, I could be biased about that -- though his conviction has since been overturned due to the trial flaws that prosecutors and the judge created. But I think McNulty's instigation of the withdrawal of the FAQ demonstrates objectively that he is willing to attack the rule of law itself if it suits his purposes. No tears shed for this guy's career, none deserved -- good riddance to at least one really, really cruel, unethical and dishonest prosecutor.
Washington, DC
United States

"Bong Hits 4 Jesus" Oral Arguments Transcript Now Online

Posted in: Let us know what comments you find the most interesting... Drug War Rant has a great backgrounder web section about the case here.
United States

Pictures from the "Bong Hits 4 Jesus" Free Speech Supreme Court Demonstration and Press Conference

Posted in:
UPDATE: Drug War Chronicle feature report now available here online. DRCNet associate director David Guard attended the "Bong Hits 4 Jesus" free speech demonstration outside the Supreme Court today, and took pictures for the benefit of those of us who couldn't make it there ourselves. Here are some of the highlights: Students demonstrating at the courthouse: Ken Starr, counsel for the bad guys: Former US drug czar Barry McCaffrey (also there for the bad guys): More demonstration and press conference pictures (click the "read full post" or title link in this post to see the rest if you don't already see them): (David Guard is second from the right in this one, the others are SSDP'ers.) Attorney Douglas Kemp Mertz of Juneau, Alaska, representing the plaintiff. Mary Beth Tinker of Tinker v. Des Moines fame. I'm not sure who these two people are, and would appreciate if anyone could send us that info:
Washington, DC
United States

The Truth About Marijuana Use in the UK

As Phil notes below, there's a new wave of reefer madness taking hold in England. The Independent's reporting is hysterical in both senses of the word, so much so that the ONDCP blog wasted no time in picking up the story.

We're told that marijuana addiction among teenagers has skyrocketed, that marijuana is 25 times stronger than it was generation ago, and that marijuana just might cause schizophrenia. And the underlying implication of all this is that the effort to legalize marijuana, culminating in the UK's 2004 reclassification decriminalizing simple possession, has somehow caused all of these horrible problems.

Interestingly, The Independent's multiple articles yesterday reached their conclusions without mentioning usage rates. Here's why: marijuana use in the UK is going down. From The Observer in October, 2006:
According to a report by the Central Narcotics Office, after more than a decade of rapid growth, seizures of cannabis resin in Europe dropped by a fifth last year, to 831 tonnes.

The apparent trend is reinforced by British figures which show that the popularity of cannabis in the UK has plummeted, with 600,000 fewer people smoking or eating marijuana than three years ago.
The failure to address this relevant, yet contradictory fact is a hallmark of alarmist pseudo-scientific drug war reporting. Instead we get this:
Today record numbers of young people are in treatment programmes for skunk [high-grade marijuana] abuse and hospital admissions due to the drug are at their highest ever.
We know that rumors of more potent pot are both wildly exaggerated and largely irrelevant since users adjust their doses to achieve the desired effect regardless of potency. We also know that potency has increased notably (3-4 times, not 25) and that increased potency has much to do with prohibition, which creates a financial incentive for growers to maximize their risk/reward ratio since punishment is determined by weight rather than THC content.

So if it isn't the potency, then what's driving the spike in marijuana treatment in the UK? I think the answer is that reduced stigma and a new policy of not arresting casual users have resulted in more people seeking help. It makes vastly more sense than arguing that marijuana suddenly turned into crack laced with heroin the moment they decriminalized it.

I can't prove my theory anymore than addiction "experts" can prove that marijuana had almost no THC in the '60's. But it makes intuitive sense. Wouldn't you expect more people to seek treatment once the risk of arrest is removed?

After decriminalizing marijuana, the British are seeing lower usage rates and more people seeking treatment. Let's talk about that.

United States

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