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Methamphetamine: Feds Make First Cold Medicine Bust Under Combat Meth Act

An Ontario, New York, man last Friday won the dubious distinction of being the first person arrested under the 2005 Combat Meth Epidemic Act. According to a DEA press release, William Fousse was arrested for purchasing cold tablets containing more than nine grams of pseudoephedrine within a one month period.

http://stopthedrugwar.org/files/bronkaid.jpg
Busted for Bronkaid
Under the Combat Meth Act, passed with little scrutiny when it was attached to a bill renewing provisions of the Patriot Act, chemicals widely used as cold remedies or other non-prescription medicines that can also be used in home meth manufacture, such as ephedrine, pseudoephedrine, and phenylpropanolamine, are now "scheduled listed chemical products."

Products containing these chemicals are now kept behind the counter. In order to purchase them, one must show identification and sign a log book at pharmacies. DEA and state and local law enforcement monitor those logbooks to see if anyone is buying amounts over the limit.

"This is a first for DEA," crowed DEA Western New York Special Agent in Charge John Gilbride. "DEA's focus is to dismantle clandestine methamphetamine labs and trafficking organizations and to also monitor the products that are illegally used to produce methamphetamine. DEA is committed to keeping our communities safe from the dangers of methamphetamine production and abuse. Today's arrest is a warning to those who violate the Combat Methamphetamine Epidemic Act."

Fousse is alleged to have purchased more than 400 Bronkaid tablets containing a total of more than 29 grams of ephedrine during the month of January -- more than three times the legal limit -- at one pharmacy and to have purchased a like amount at two others. It was a call from the first pharmacist to the DEA's Buffalo office that set the wheels in motion.

DEA agents visited Fousse at his home on February 13. According to a police affidavit, Fousse said he was unaware of the law, was not selling the pills to meth cooks, and was using the stuff himself. That was not good enough for the DEA and federal prosecutors. He faces a May 1 court date.

New York City Is Hell for Pot Smokers

Location: 
New York, NY
United States
Publication/Source: 
AlterNet (CA)
URL: 
http://www.alternet.org/drugreporter/49594/%3chttp:/www.alternet.org/drugreporter/49594/

Drug War Chronicle Book Review: "Beat the Heat: How to Handle Encounters With Law Enforcement," by Katya Komisaruk (2003, AK Press, 192 pp., $16.00 PB)

We don't usually review books except when they're hot off the press, but we're making an exception with attorney Katya Komisaruk's "Beat the Heat." This is the best legal self defense book we've seen in some time and we think our readers need to know about it.

http://stopthedrugwar.org/files/beat-the-heat-cover.jpg
It's a sad commentary on our society that we need books that tell us how to protect ourselves from the police. But with the number of drug arrests each year climbing inexorably toward the two million mark, and with drug prohibition being, in our view, morally indefensible, those of us who use illicit substances (or have friends or loved ones that do) need all the protection we can get.

This book will help drug users avoid arrest. I won't be shy: I think this is a good thing. Call it applying the principles of harm reduction to the US criminal justice system. While we acknowledge the possible harms drug users can incur to themselves or inflict upon others, we think the harms of being arrested, and quite possibly imprisoned, far exceed those of drug use. People who harm others can be punished under other kinds of laws than those that criminalize drugs. Anything that can throw some sand in the gears of the drug war machine is something to cheer.

"Beat the Heat" throws sand in the gears of the drug war machine. It does so by teaching its readers how to exercise their basic constitutional rights. That's another sad commentary in itself. We have a prohibitionist drug policy that relies on citizens knowingly or unknowingly waiving their rights in the face of intimidating uniformed men with guns. After all, it's not like drug use or sales is a crime where there is a complaining victim. Nor do drug users or sellers normally flaunt their contraband items. The only way many drug arrests are made is by people letting the police browbeat them into doing something stupid -- like admitting they smoke pot or allowing the police to search their vehicle when they know there are illicit items within.

Katya Komisaruk shows you how to exercise your rights in an easy-to-read, down-to-earth fashion, complete with illustrated scenarios where she shows you what you did wrong and what to do instead. It's not rocket science: Never talk to the police, she advises, and never consent to a search. You've got nothing to gain and plenty to lose.

The police aren't talking to you to make idle chit-chat. They are investigating, looking for possible crimes, and the more you open your mouth, the greater the chances of ending up in jail. In response to police requests to talk, Komisaruk recommends this phrase: "Am I free to go?"

If the answer is "yes," then go. If the answer is "no," you are already being detained or arrested. The correct answer to all further inquiries from police is: "I'm going to remain silent. I'd like to see a lawyer."

And when it comes to requests to search you, your home, or your vehicle, the answer is always: "I do not consent to a search."

These are basic constitutional rights, and it seems simple to exercise them. But police are experts in getting people to waive their rights. A valuable portion of "Beat the Heat" is devoted to explaining just how police get people to waive their rights -- intimidation, false friendliness, lies -- and how to avoid falling into those traps.

But "Beat the Heat" is much more than just how not to get busted. It's also a primer for those who have been arrested and are now facing the tender mercies of the criminal justice system. Komarisuk covers it all, from getting out on bail to working with your lawyer to what to do if all else has failed and you're headed for prison. There's also a chapter on how to witness and accurately report police misconduct, as well as chapters on the legal rights of minors and non-citizens.

Don't get me wrong: "Beat the Heat" is not written as a book to help drug users stay out of jail. Nor is it a diatribe against the drug war. It merely teaches people how to protect themselves from unnecessary arrest by knowing their rights and how to effectively exercise them. And that makes it a book that helps drug users stay out of jail. I'm all for that.

There are 20 million drug users abroad in the land today. If you are one or know one, you need to get this book. Komisaruk will make it easy for you to understand what you need to do to protect yourself.

Law Enforcement: The Drug War Dominates Grand Jury Action in One Ohio County

Ashtabula County, Ohio, sits in the far northeast corner of the state, adjacent to Cleveland. With slightly more than 100,000 people, 95% of them white, there is not a whole lot of criminal justice system activity going on. Without drug prohibition, there would be even less.

Last Friday, the Ashtabula County grand jury issued indictments for 15 people. One was a sex offender who failed to register, two assaulted a police officer, one was charged with attempted murder, one was charged with auto theft, and one was charged with felonious assault. That's six out of 15 indictments.

The remaining nine indictments were drug-related. The charges included possession of methamphetamine, possession of cocaine, possession of crack cocaine (2), possession of methadone, possession of meth precursors (2), marijuana distribution, and cocaine distribution.

In other words, people charged with simple drug (or precursor) possession accounted for nearly half of all criminal indictments in Ashtabula County last week, and drug-related charges constituted 60% of all indictments. With an end to drug prohibition, or at least an end to arresting drug users, the Ashtabula County court house would be a much quieter place. And while the figures may vary from jurisdiction to jurisdiction, it's pretty much the same all over.

Clubbers hold hands up as drugs detected

Location: 
United Kingdom
Publication/Source: 
The Evening Telegraph (UK)
URL: 
http://www.peterboroughtoday.co.uk/ViewArticle.aspx?ArticleID=2179159&SectionID=845

It's Been an 'All Out War' on Pot Smokers for 35 Years

Location: 
United States
Publication/Source: 
AlterNet (CA)
URL: 
http://www.alternet.org/rights/49597/

Judge calls search illegal, tosses felony drug case

Location: 
Daytona Beach, FL
United States
Publication/Source: 
The News-Journal (FL)
URL: 
http://www.news-journalonline.com/NewsJournalOnline/News/Local/newEAST02031607.htm

Australia: NSW Greens' Call to Decriminalize Drug Possession Causes Pre-Election Stir

Drug policy is becoming a major campaign issue in Australia's most populous state, New South Wales (NSW). With an ongoing, highly publicized "epidemic" of methamphetamine use under way and elections now less than 10 days away, the NSW Green Party is calling for the decriminalization of drug possession -- even the dreaded ice, as meth is commonly referred to Down Under -- and Liberal and Labor party foes are attacking them for it.

http://stopthedrugwar.org/files/learhiannon.jpg
Lee Rhiannon
Although Greens hold only a handful of seats in the state parliament, by throwing their support to the governing Labor Party in some key districts, they could end up holding the balance of power in the Upper House. The NSW Greens' leading Upper House candidate, Lee Rhiannon, has been the party's main spokesperson in the increasingly nasty exchanges over drug policy.

The Greens' position on the decriminalization of drug possession is not ad hoc. It reflects the party's formal platform on drug policy, adopted last October after extensive consultations with party members. The platform also calls for the stronger embrace of harm reduction measures and the decriminalization of marijuana growing for personal use.

While the Greens' drug platform is not new, Rhiannon's public reiteration of it Monday ignited a firestorm of criticism and mischaracterization. The Daily Telegraph blurted to its readers that the Greens were "effectively saying that ice junkies should be free to buy as much of the deadly substance as they want." The Daily Telegraph also described the Green position that decriminalizing drug possession was less dangerous than prohibition as "a bizarre defense."

Liberal leader Peter Debnam was also caustic, writing in his blog: "Any Member of Parliament who thinks we should decriminalize drugs, including 'Ice', should take a good hard look at themselves, do the community a favour, and resign" and "This drug is death to young people and it is undermining a whole generation."

While Debnam accused the Greens and the Labor Party of cooking up some sort of "ice deal," there was little sign of that from Labor Premier Morris Iemma. He responded to the Green drug platform by saying: "It is just an absurd, ridiculous and disgusting policy." Any MP who supported such a policy was "completely out of touch with reality," he said.

Just to make things perfectly clear, Labor Party secretary Mark Arbib added that while Labor was willing to cut an electoral deal with the Greens, it does not endorse Green drug policy. "There will be no watering down of the (Labor) party's tough drug laws or positions on other social issues," he said.

But the Greens are fighting back, against both the political attacks and the yellow journalism. "The allegation in today's Daily Telegraph that the Greens policy would allow people to buy unlimited amounts of the deadly drug 'ice' is totally false," Rhiannon said in a Tuesday statement. "The Greens policy does not support unlimited supply of any drug, least of all crystal methamphetamine. This attack on the Greens is an election scare tactic which will distract from the urgent task of protecting young people from ice. The Greens do not support drug use and our policy does not condone people using the new drug known as ice."

Rhiannon also went after Premier Iemma for both failure and hypocrisy. "The Iemma government has failed to deal with the increased use of ice," she said. "The use of crystal methamphetamine has increased during the term of the Iemma/Carr government. There are now more than 17,700 regular methamphetamine users and 14,700 dependent methamphetamine users in Sydney and the number is growing rapidly," she noted.

"The drug policies of the Labor government are failing to deal with the epidemic," Rhiannon continued. "What is needed are prevention initiatives that educate the target populations to the dangers of using the drug and effective and accessible treatment programs for dependent and addicted users."

In fact, as the Greens noted in a Wednesday press release, Labor actually quietly supports many Green harm reduction notions and treatment and diversion programs for meth users. "The Premier is quick to put the boot into the Greens for our approach to ice. But the reality is Labor has instituted innovative ice programs, based on the harm minimization principles advocated by the Greens," Rhiannon said.

Among those programs is a stimulant treatment program at two hospitals, the safe injection room at Kings Cross, and the "MERIT" program that diverts meth users into treatment instead of jail. "If we really want to make NSW ice free, these programs need to be expanded and receive a massive increase in funding," said Rhiannon. "Premier Iemma should shout these initiatives from the rooftops instead of hiding behind his tough "law and order" policies. It appears that he is more concerned about a political backlash. To successfully eradicate ice politicians must be willing to take action that may be at first unpopular. Without brave policy from government, ice will continue to wreak havoc in our society."

Perhaps Debnam, Arbib and Iemma should listen to prominent Australian physician Dr. Alex Wodak's interview last year with the Australian Broadcasting Corporation. Among Wodak's quotes of note: "Prohibition didn't work in America in the 1920s and it won't work now."

Marijuana: Grassroots Protest in Small Town Wisconsin After Drug Bust

When police in Stevens Point, Wisconsin, wrapped up a 16-month investigation into the drug trade there, they patted themselves on the back for rolling up 62 people, mostly in their twenties, mostly for small-time sales of marijuana and prescription pills. But while police got some expressions of community support, not everyone was happy.

On Monday, for the second time in as many weeks, a handful of teenaged protestors gathered near the courthouse downtown to protest the busts and call for the legalization of marijuana. According to the Stevens Point Journal, the young demonstrators held up signs reading "Be Wise, Legalize," and "Hemp Can Save the World" as passing motorists honked in support.

"People should be able to choose what goes in their body," said Ben Eisner, 18. "Caffeine has more deaths per year than marijuana," he told the newspaper. Legalization would promote healthier user habits, he said. "With legalization comes responsibility," Eisner said.

"I think it should be used the same way alcohol is used," said Eryn Edelbeck, 17, adding that abuse of alcohol is more damaging to long-term health than marijuana.

And support is broad -- one of the demonstrators, Eleni Schuler, 16, said she has never even used marijuana herself. "I just support the idea," she said.

With their friends and colleagues facing possible long years in prison, the group is vowing to return every week to draw local support, "possibly with the goal of starting a chapter of NORML…" Add another handful to the ranks of the reformers. And with every small town bust, another handful.

NY: Blacks and Hispanics Bare Brunt of Marijuana Arrests

Location: 
NY
United States
Publication/Source: 
New York Public Radio
URL: 
http://www.wnyc.org/news/articles/75153

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