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Docket No. DEA-331 reopened for public comment, new deadline is 11/27/09

The DEA issued an NPRM to place 5-MeO-DMT in Schedule I and has reopened the period for public comment because the first notice was defective. So far one substantial objection has been posted which objects primarily on grounds the Controlled Substances Act is unconstitutional rather than the sham findings for placement in Schedule I. I'll copy some of that argument below from PUBLIC SUBMISSION DEA-2009-0008-0007.1.

Marijuana: Arizona Supreme Court Rejects Religious Freedom Claim

Arizona’s law protecting religious freedom does not apply to a man convicted of smoking marijuana while driving, the state Supreme Court ruled Monday. The ruling came in Arizona v. Hardesty. In that case, Daniel Hardesty was arrested while driving in Yavapai County and charged with marijuana possession. At trial, he testified that he was a member of the Church of Cognizance, an Arizona-based religion that says it embraces neo-Zoroastrian tenets and uses marijuana for spiritual enlightenment. He argued that Arizona’s 1999 law limiting the state’s ability to "burden the exercise of religion" meant he could not be prosecuted because he was exercising his religious beliefs. The trial judge disagreed, and Hardesty was convicted. He appealed to the state Supreme Court, and has now lost there, too. In a unanimous opinion, the justices held that while the state religious freedom law mandates restrictions on religious practices only if it shows a compelling interest and that the restrictions must be the "least restrictive means of furthering that interest," the state does have a compelling interest in regulating marijuana use and Hardesty’s claim that the Church of Cognizance allows him to use marijuana anywhere or any time, including driving, made it clear that the "least restrictive means" was an outright ban on marijuana. Chief Justice Rebecca White Berch, who authored the opinion, made a distinction between federal laws that allow Native American Church members to use peyote without fear of prosecution under state law and the religious freedom claim made by Hardesty. There was an "obvious difference" between the two situations, Berch said. "Members of the Native American Church assert only the religious right to use peyote in limited sacramental rights. Hardesty asserts the right to use marijuana whenever he pleases, including while driving,'' she wrote. Monday’s ruling was the second defeat in as many years for the church. Last year, church founders Dan and Mary Quaintance were convicted of marijuana possession and conspiracy to distribute marijuana after being stopped with 172 pounds of pot in New Mexico. A federal judge in New Mexico rejected their religious freedom arguments. Dan Quaintance is currently serving a five year prison sentence, and Mary Quaintance is doing two to three years.

At the Shrine to San Malverde, Mexico's Narco-Saint

You don't find Culiacan, the capital city of Sinaloa, in the tourist guide books for some reason. But it is a thriving city of more than a million, and it is the home of one of the stranger manifestations of the drug wars of the last few decades: The shrine to San Malverde, (unofficial) patron saint of bandits, and now, drug traffickers. shrine to San Malverde, patron saint of the narcos (and others), Culiacan, Sinaloa -- plaque thanking God, the Virgin of Guadalupe, and San Malverde for keeping the roads cleans -- from "the indigenous people from Angostura to Arizona" (more pictures below the fold) I visited the shine in the heat of the afternoon sun today. During the half hour or so I was there, a few dozen people came to light candles to the santo, pay their respects, or otherwise recognize his alleged powers of protection. A handful of musicians for hire hung around, waiting for someone to pay them to play a tune to the saint, and about a dozen vendors sold San Malverde memorabilia--candles, plaques, good luck amulets, prayer cards, and the like. (Hmmm, do I feel an idea for a StoptheDrugWar.org premium gestating?) The vendors told me that dozens, sometimes hundreds, of people arrive each day, some to pray, some to light candles, some to make donations, some to put up plaques:
"Thanks to God and San Malverde for favors received." "Thanks to God, the Virgin of Guadalupe, and San Malverde for helping us move forward." "O miraculous Malverde, O, Malverde my Lord, Concede me this favor, And fill my heart with happiness."
Given the way Mexico's drug war is raging these days, I would imagine the good saint is getting a real work-out. Mexicans are so inured to the daily drug war death toll that the newspapers generally relegate it to box score-type accounts, but when you or a friend or a family member is working in the trade, you probably figure some supernatural help can't hurt. I'll spend the next few days here in Culiacan. I had wanted to go up to the drug-producing areas in the mountains nearby, but so far, everyone is demurring--it's too dangerous, they say. Nonetheless, I'll keep working that and see what happens. On Tuesday and Wednesday, I'll be attending and "International Forum on Illicit Drugs: The Merida Initiative and the Experiences of Decriminalization," organized by the brave journalists of the Culiacan news weekly Riodoce. While the other Sinaloa papers have largely gone silent in the face of threats and killings, Riodoce keeps plugging away. I'll be meeting with some of the Riodoce staff tomorrow, right after I meet with Mercedes Murillo, head of the local human rights organization the Sinaloa Civic Front, which just a couple of days ago filed what could be a historic court motion to have military personnel accused of crimes against civilians tried in civilian--not military--court. There have been several nasty incidents of soldiers killing civilians here since Calderon sent in the troops, and under current Mexican law, they seem to get away with it. Stay tuned. It should be an interesting week. And then it's back to Mexico City to visit Saint Death and attend the Global Marijuana Day demonstration at the Alameda. (more pictures below the fold)

God Declares War On Drugs

…Or so says the Pope.

Drug traffickers will face divine justice for the scourge of illegal narcotics across Latin America, Pope Benedict XVI warned Saturday, telling dealers that "human dignity cannot be trampled upon in this way." [CBSNews]

Ok. But now that you're finally getting involved, God, I hope you'll look at both sides of the issue. It's rather complicated, but if anyone can sort it out, it's You.

What we're finding is that mandatory minimums, divine justice, etc. don’t seem to have the intended deterrent effect. And these drug warrior types are having a hard time loving thy neighbor.

Oh, and could you talk to Mark Souder? He's a big fan of your work, but he seems to have trouble grasping some of the nuances.

Ted Haggard Scores Small Victory in the Meth War

There’s one less bag of meth on the street thanks to Rev. Ted Haggard, who apparently enjoys buying the drug and then throwing it away. Of course if Haggard’s partial confession is true, he at least helped fund the speed-dealing gay prostitute industry, and everyone knows those guys hate freedom.

On Chris Matthews Sunday morning, Andrew Sullivan suggested that the evangelical community might want to take a step back from power politics and do some soul-searching. That’s one option, but for Colorado’s most demoralized evangelicals, let me recommend legalizing marijuana. Hey, at least it’s not meth.





Latin America: Mexico Drug War Update

The Mexican government scored a victory this week with the killing of Beltran Leyva cartel head Arturo Beltran Leyva, but will it turn out to be a pyrrhic victory? Knocking off cartel heads in the past has typically led to renewed infighting as rivals vie to replace them.

Marijuana: Arizona Supreme Court Rejects Religious Freedom Claim

It was strike two Monday for the Church of Cognizance and its argument that its members have a religious right to use marijuana. The Arizona Supreme Court rejected that claim from a church member. Last year, a federal court rejected a similar claim from church founders Dan and Mary Quaintance, who are currently in federal prison.