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Medical Marijuana Debate: MPP vs. ONDCP

This evening, Georgetown Law School’s chapter of SSDP hosted a debate on medical marijuana between MPP’s Assistant Communications Director Dan Bernath and ONDCP’s Chief Counsel Ed Jurith. Since the drug czar’s minions seldom subject themselves to public scrutiny, and only do so in D.C., it was my duty to document the dialogue.    Bernath began with a reference to the recent discovery of a 2,700-year-old marijuana stash in the tomb of a Chinese shaman, establishing the extensive history of the medical use of marijuana. He described the dimensions of the current medical marijuana debate, including the support of the medical community, the benefits for a growing population of users, and the evolution of public opinion in support of protecting patients through ballot initiatives and state legislatures.Jurith framed his argument from a legal perspective, providing a chronology of caselaw upholding federal authority to enforce marijuana and other drug laws. He emphasized the FDA approval process, insisting that reformers seek to bypass the traditional pathways through which medicines are deemed safe and effective. He focused heavily on dismissing the notion of a "fundamental right" to use medical marijuana, although Bernath hadn’t presented his position in those terms.As the discussion proceeded, I was struck by Jurith’s continued preference for defending the legality rather than the efficacy of the federal war on marijuana. He just wouldn’t go there. In Q&A, I pointed out that the Raich ruling certainly doesn’t mandate a campaign against medical marijuana providers and that DEA demonstrates their discretion every day by declining to prosecute the majority of dispensary operators. Will he defend the raids in a practical sense? What determines who gets raided and who doesn’t? He responded with the notorious Scott Imler quote about medical marijuana profiteers, but never really answered the question. So basically, the head lawyer at the drug czar’s office came forward to assure us that what they’re doing is technically legal, while failing in large part to actually help us understand why they do it. In turn, Bernath easily and convincingly depicted how ONDCP’s role in the medical marijuana debate consists entirely of opposing/interfering with state level reforms and blocking the exact research they claim is necessary. I’d like to think that Jurith’s one dimensional presentation is indicative of the shrinking box from which his office draws its talking points on medical marijuana. Is the growing body of medical research and the solidification of popular support beginning to suck wind from the pipeholes of the proud protagonists in the war on pot? Jurith never compared marijuana to hard drugs, never employed the formerly obligatory "Trojan-horse-to-legalization" line, and generally declined to completely lie his face off when cornered. Maybe he’s just nicer than, say, this guy. But it’s also true that ONDCP as we know it is about to be dismantled and it may be that nobody over there currently gives a crap if the mild-mannered Ed Jurith is kind enough to put himself on the spot for the educational benefit of some law students.Either way, by ONDCP standards, this was a fairly defanged defense of the war on medical marijuana. Jurith is absolutely correct that the federal government maintains considerable authority over the enforcement of our drug laws and it will be fascinating to see what happens when that power changes hands.

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LEAP Celebrates the Repeal of Alcohol Prohibition

Our friends at Law Enforcement Against Prohibition have launched a campaign commemorating the 75th anniversary of the repeal of alcohol prohibition:December, 2008 marks the 75th anniversary of the end of alcohol prohibition. You can help teach a lesson from history by asking your representatives to repeal today’s failed prohibition of drugs.When America’s leaders repealed alcohol prohibition, it wasn't because they suddenly decided that liquor was safe and that everyone should drink. Rather, it was because they were tired of gangsters raking in rich illegal profits and terrorizing neighborhoods. And we simply could not afford to keep enforcing the failed prohibition during the Great Depression, our nation's worst economic crisis.Today, America is in the grip of a new economic crisis, but we keep paying for an even more devastating prohibition, the "war on drugs." Please click here to share LEAP’s message with your representatives. The effort has already generated terrific coverage from Reuters and LEAP’s press conference even made the local news on FOX. Very Cool.

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Tainted Cocaine is a Consequence of Drug Prohibition

I don’t particularly mind the drug czar pointing out that cocaine can kill you. While far from the deadliest thing on earth, the stuff ain’t good for you, especially given the way some folks get carried away with it. I agree that a sensible drug policy includes telling people that cocaine pretty much sucks.But here we have the drug czar highlighting reports of tainted cocaine in Canada and proposing drug treatment as the solution to that. Isn’t it ironic that, after tirelessly advocating policies which drive drug distribution underground, the drug czar then cites a poisoned drug supply as an argument for abstinence?

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Random Drug Testing Won’t Save the Children From Heroin

Here’s drug czar John Walters shamelessly using a young woman’s death as an opportunity to plug student drug testing:Heroin killed 19-year-old Alicia Lannes, and her parents say she got the drug from a boyfriend.  Experts say that's how most young kids get introduced to drugs: by friends or relatives.…While teen drug use is declining, Walters says a Fairfax County heroin ring busted in connection with Lannes' death proves it's still a problem.  He supports a federal program used in more than 4,000 schools to randomly drug test students. "There's no question in my mind had this young woman been in a school, middle school or high school with random testing," said Walters, "She would not be dead today." [FOX DC]Walters sounds supremely confident, as usual, yet the reality is that random drug testing is often impotent when it comes to discovering heroin use. Student drug testing programs typically rely on urine tests, which can only detect heroin for 3-4 days after use. Only marijuana -- which stays in your system for up to a month – can be effectively detected this way. Thus, random testing actually incentivizes students to experiment with more dangerous drugs like heroin that increase your chances of passing a drug test.And thanks to the complete failure of the drug war, heroin is stronger today than ever before:The drug enforcement agency says the purity of heroin found in Virginia is typically higher than usual—making it more deadly. "They tend not to know how to gauge the strength and they usually take more than they need to," said Patrick McConnel, who oversees Treatment for Youth Services Administration Alcohol and Drug Services. There are no easy answers here, to be sure, and I don’t claim any monopoly on the solutions to youth drug abuse. But I guarantee you that the problem isn’t our failure to collect more urine from young people. As long as the most dangerous substances continue to be manufactured, distributed, and controlled by criminals, the face of our drug problem will remain the same.

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Swiss Voters Approve Heroin Prescriptions, But Reject Marijuana Decriminalization

I don’t know quite what to make of this news from Switzerland:GENEVA (AP) — The world’s most comprehensive legalized heroin program became permanent on Sunday with overwhelming approval from Swiss voters, who separately rejected the legalization of marijuana.The heroin program, started in 1994, is offered in 23 centers across Switzerland. It has helped eliminate scenes of large groups of drug users shooting up openly in parks and is credited with reducing crime and improving the health and daily lives of addicts. …Of the 2.26 million Swiss who voted in the national referendum, 68 percent approved making the heroin program permanent. But 63 percent voted against the marijuana proposal, which was based on a separate citizens’ initiative to decriminalize consuming marijuana and growing the plant for personal use. [NY Times]Pete Guither has some good analysis explaining how concerns about Amsterdam-type drug tourism helped to torpedo the proposal. It’s a harsh reality that any nation that considers tolerating recreational marijuana sales must inevitably come to terms with a potential influx of pot smoking tourists. They’re easy enough to deal with, but the idea just makes some people uncomfortable.A policy that prohibits sales to foreigners might mitigate these concerns, but I can’t get over the absurdity of restricting marijuana sales while permitting tourists to get drunk off their asses anywhere they please. The problem in Amsterdam isn’t that marijuana laws are too loose, it’s the fact that marijuana laws everywhere else are completely unreasonable. So-called "marijuana tourism" is just another symptom of marijuana prohibition in the U.S. and beyond. Can you even imagine what Amsterdam would be like if it were the only place you could legally purchase alcohol?

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It's finally over

I have finally been accepted into the St.Paul's pain clinic and have been sitting at the computer for hours without any pain.This is such a relief but it makes me all the more aware of how I have been

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Prohibition still fueling the terrorists

Remember how prohibition was funding the Taliban and Al Qaeda back in 05?

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How many more?

Since my experience with the so called super virus and my following medical problems, I have received a number of e mails from people who find themselves in similar circumstances.I refer to the troubl

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Police Use Newspaper Ads to Recruit Snitches

Apparently, there aren’t enough unsolved crimes to keep Albuquerque police busy:ALBUQUERQUE, N.M. - The Albuquerque Police Department has turned to the want ads for snitches.An ad this week in the alternative newspaper The Alibi asks "people who hang out with crooks" to do part-time work for the police.It reads in part: "Make some extra cash! Drug use and criminal record OK." [MSNBC]Does this sound at all like something that’s going to make Albuquerque a better place? It’s absurd on its face, a completely sick feeding frenzy mentality that goes a long way towards explaining how we’ve become the world’s leading jailer. The very fact that police are actively seeking sketchy people to rat out other sketchy people shows you exactly how useless and cyclical much of our criminal law-enforcement activity has become.Worse yet, this is exactly how you incentivize bad people to create bad situations. This is how innocent people’s addresses end up on drug warrants, only to have their doors smashed in, their dogs shot, and their peaceful lives forever tarnished by the long, infinitely clumsy arm of the law. This is how police become detached from morality, collaborating with criminals to create crime. If there is such a thing as "sending the wrong message" in the war on drugs, it isn’t marijuana reform, it’s police offering people money to take drugs and commit crimes.

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Meet the New Boss, Same as the Old Boss

I sent this to Barach Obama at change.gov, since he claims to be looking for good suggestions. If anyone else has sent anything, you know this is just a way to harvest email addresses on their part.

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Don’t Complain About Police Corruption if You Support the Drug War

Time provides a vivid description of the extent of police corruption in the Mexican drug war:Few rituals are more futile than the "housecleaning" of Mexico's police forces. So deep, broad and brazen is cop corruption south of the border that removing it makes eradicating rats from landfills look easy. Mexico stages quasi-annual purges of officers high and low — last year it was 284 federal police commanders — and yet every year it seems to find itself with an even more criminal constabulary. This year's scandals, however, are especially appalling…Time then proceeds to recommend giving Mexico lots of money and technical assistance, while getting Americans to stop snorting so much damn cocaine all the time. It’s really just amazing that any thinking, breathing individual can even look at this and still prescribe 'trying harder' as the solution to this spiraling fiasco. Stop doing that. Just stop. You’re not helping.Everyone knows pushing a few dollars around won’t do anything. We all know that, so shut up. Just admit you don’t know what to do…or call one of the many reformers who can provide a new perspective. But stop saying the same stupid crap over and over. It’s boring. And it’s wrong.

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Hey Barack Obama, Drug Eradication Doesn’t Work

Here’s an excellent column in The Washington Post calling on Obama to cut funding for our failed drug eradication programs in South America. I haven’t heard anything positive from Obama regarding international drug policy, so I’m glad to see these ideas in The Post, where he might see them.

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Bringing all the people together

My name is Cody Allen Burns. I am a junior at the University of North Carolina at Greensboro.

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Bringing all the people together

My name is Cody Allen Burns. I am a junior at the University of North Carolina at Greensboro.

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Police Steal Xbox From Innocent Marijuana Suspect

This is exactly the sort of daily injustice that comes to mind when drug war proponents insist that no one goes to jail for marijuana. It’s false, but also completely beside the point. You don’t even have to have any marijuana to get screwed over in the war on drugs:Embedded video from CNN Video

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Drug Czar Suddenly Starts Telling the Truth

With drug czar John Walters’ term coming to an end shortly, we’re beginning to see some really strange stuff coming from his office. Pete Guither and Bruce Mirken both have good examples. Are they getting careless over there?

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Things are Bad All Over (including the Republic of Georgia)

Things are bad in the drug war here in the US, but they're bad all over. The Hungarian Civil Liberties Union has released another in its series of films on international drug policy, this one detailing mass forced drug testing among other abuses in the Republic of Georgia:

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SSDP Conference

Pete Guither is live-blogging the conference right now. Check it out. He's already got several good posts up and more to come. This looks like the biggest turnout yet of the 5 SSDP national conferences I've attended. That's exciting to see.

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Compliments of the Drug War

It is clichéd to make the point that we all remember where we were when major world events transpired, but a lot of people do not realise why that is.

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Washington Times Attacks Flex Your Rights

FYR's response to the new random search program on public transportation in DC is continuing to generate media hits, including a negative reaction to our work in The Washington Times. ??The editorial includes factual errors regarding the breadth of the program (amazingly, they didn’t know it includes bus stops) and even accuses Flex Your Rights of endangering public safety. It's revealing that our only opposition got the facts completely wrong. Fortunately, Washington Times published my reply today. Check it out. It’s not everyday that I get accused of endangering everyone in DC, so you can imagine how amused I am by all of this.

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