Militarization

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Chronicle AM: OR Measure 91 Race Tightens, ACLU Petition on Police Militarization, Chile MedMJ, More (10/29/14)

There's a scary poll out in Oregon, the Drug Policy Alliance grades the House of Representatives, the ACLU has a petition to stop the Pentagon sending surplus military equipment to police forces, and more. Let's get to it:

Announcing the first permitted medical marijuana planting in Chile today. (fundaciondaya.org)
Marijuana Policy       

Latest Poll Has Oregon Measure 91 in Dead Heat. The latest poll from the Oregonian has the Measure 91 legalization initiative trailing in a tight race, but within the poll's margin of error. The poll of likely voters had 44% supporting the measure, with 46% opposed and 9% undecided or refusing to answer. The poll's margin of error is +/- 5%. An earlier survey by Oregon Public Broadcasting had the measure leading with 52%. One possible explanation for the difference in the polls is the age breakdown among the respondents. The OPB poll had a higher number of younger voters, who tend to support the measure, but who also tend to be less likely to vote than older voters.

Drug Policy

Drug Policy Alliance Voters' Guide Grades US Representatives. The Drug Policy Action Network, the lobbying and campaign arm of the Drug Policy Alliance (DPA), has released its 2014 Drug Policy Reform Congressional Voter Guide, which grades members of Congress on how they voted on seven key drug policy issues this year and last. The guide names 10 representatives as "champions of reform." They are Reps. Earl Blumenauer (D-OR), Steven Cohen (D-TN), Sam Farr (D-CA), Barbara Lee (D-TX), Thomas Massie (R-KY), Eleanor Holmes Norton (D-DC), Beto O'Rourke (D-TX), Jared Polis (D-CO), Dana Rohrabacher (R-CA), and Bobby Scott (D-VA).  DPA says the guide is not just to educate voters, "but also to send a firm message to elected officials that they will be held accountable for supporting draconian policies that exacerbate the worst harms of the drug war." It names 141 representatives who failed to get a passing grade. 

Law Enforcement

ACLU Petitions to End Program Giving Surplus Military Equipment to Police Agencies. The American Civil Liberties Union (ACLU) has begun a petition drive designed to "stop arming local and state law enforcement with military equipment" and "impose a moratorium on the 1033 program to temporarily halt equipment transfers and create transparency and safeguards within this program." 1033 is the program under which surplus US military equipment, such as Humvees, armored personnel carriers, and the like are given free of charge to local and state police. The program has come under increased fire in the wake of heavily militarized police deployments in Ferguson, Missouri, after the police shooting of Michael Brown. Go to the link to sign the petition, then spread the word on social media platforms.

International

Mexico Announces Arrest of Four Drug Gang Members in Case of Missing Student Teachers. Attorney General Jesus Murillo Karam Tuesday announced the arrest of four Guerreros Unidos cartel members who allegedly confessed to participating in the disappearance of 43 student teachers a month ago after they were detained by police. Murillo said that two of those arrested had admitted receiving the students and were about to reveal their location. The case, which unveiled close ties between drug gangs and local authorities, has roiled Mexican politics ever since the students went missing.

Medical Marijuana Planted Today in Chile. After authorities in the La Florida district of Santiago, the Chilean capital, gave their permission, medical marijuana supporters today planted marijuana plants that will be harvested in April and turned into a cannabis oil to be used to treat pain in cancer patients. The project is being run by the Daya Foundation, and will also include a clinical study of marijuana's effectiveness as a pain reliever. 

Chronicle AM: Joe McNamara Passes, Rand Paul Speech, OAS Drug Resolution, More (9/22/14)

Oregon's Measure 91 picks up a nice endorsement, a marijuana legalization vote in York, Maine, is snuffed out, decrim advances in the US Virgin Islands, Rand Paul tells the GOP to reach out on drug policy, Joe McNamara dies, the OAS passes a drug policy resolution, and more. Let's get to it:

Joseph McNamara in his days as San Jose Police Chief. (SJPD)
Marijuana Policy

Oregon Legalization Initiative Endorsed By Former US Attorney. Former Oregon US Attorney Kris Olson today endorsed Measure 91, the Oregon marijuana legalization initiative. "I enforced our marijuana laws, and they don't work," she said. "Filling our courts and jails has failed to reduce marijuana use, and drug cartels are pocketing all the profits." Olson was US Attorney for Oregon from 1994 to 2001. Meanwhile, the Oregon State Sheriff's Association has made a $100,000 donation to the No on 91 campaign.

York, Maine, Effort to Get Marijuana Vote on Ballot Thwarted. A state court judge last Friday rejected an effort to put a local marijuana possession legalization on the ballot in York. York County Superior Court Judge Paul Fritzsche sided with town councilmen, who had rejected two citizen petitions seeking the vote. Fritzsche ruled that York cannot regulate marijuana because it is governed by state and federal law. Two other Maine towns, Lewiston and South Portland, will vote in November. The state's largest city, Portland, approved a similar initiative last year.

US Virgin Islands Decriminalization Bill Wins Committee Vote. A bill that would decriminalize possession of small amounts of marijuana was approved by the Virgin Islands Senate Committee on Homeland Security, Public Safety, and Justice last Thursday. The measure is Bill 30-0018. It would make possession of an ounce or less of weed a civil offense punishable by a fine of between $100 and $200, with the possible forfeiture of the contraband.

Medical Marijuana

Today is Deadline Day for Illinois Medical Marijuana Business Applicants. People who want to operate medical marijuana businesses have until 3 pm CDT to hand in their applications to state agencies. The Illinois Medical Marijuana Pilot Program has more information.

Drug Policy

Rand Paul Calls on Republicans to Embrace Drug Reform, Other Non-Traditional GOP Planks. Sen. Rand Paul (R-KY) used a speech Saturday to the California GOP convention to call on the party to reach beyond its base by embracing issues such as drug reform, privacy in personal communications, voting rights, and an anti-interventionist foreign policy. Republicans need to "show compassion for people," especially young black and brown people disproportionately affected by the war on drugs. "If you look at surveys, it's not that they're using drugs more than your kids are using drugs, it's because they're getting caught because they live in an urban environment with more patrols, they have less good attorneys, they don't have the resources, and some of the laws are still frankly wrong," he said.

Law Enforcement

Pentagon Surplus Arms Program Let Military Weapons Go to Police Forces That Abused Civil Rights. The Pentagon's program to distribute surplus military equipment to US civilian police forces allows even agencies that have been censured by the Justice Department for civil rights violations to receive lethal weaponry. The Defense and Justice Departments have apparently not been coordinating on the program, the Associated Press reports.

Obituaries

Drug Reforming Police Chief Joe McNamara Dies at 79. One of the earliest law enforcement voices for drug reform is no longer with us. Former San Jose Police Chief Joseph McNamara died last Friday at his home in Monterey, California. He is credited with bringing progressive reforms to the San Jose Police Department in the 1970s. After retiring as police chief in 1992, he went to work at the Hoover Institution, where he continued and sharpened his criticism of the war on drugs. "He was the police chief who became the most deeply involved in the drug policy reform movement," said Ethan Nadelmann, founder and executive director of the Drug Policy Alliance, who had worked with McNamara on issues for the past 25 years. "He was convinced the drug war was a total disaster and he needed to speak out about that."

International

OAS Issues Resolution on Drug Policy. At its 46th Special Session in Guatemala City last Friday, the Organization of American States passed a resolution calling for states to "regularly review the drug policies adopted, ensure that they are comprehensive and focused on the well-being of the individual, in order to address their national challenges and assess their impact and effectiveness." The resolution also called on states to develop drug policies "that prevent social costs or contribute to their reduction; and, when appropriate, reviewing traditional approaches and considering the development of new approaches, based on scientific evidence and knowledge." And it calls for states to develop comprehensive approaches that examine "the structural causes, triggers, and the multiple factors that contribute to violence and crime" with a view to taking them into account when drafting the 2016-2020 Hemispheric Plan of Action on Drugs. Click on the link to read the OAS press release.

Bill Filed to Rein in Police Militarization [FEATURE]

Concerns about the militarization of American policing have been on the increase for some time now, but have crystallized in the wake of the heavy-handed police response to the killing earlier this summer of black teenager Michael Brown in Ferguson, Missouri.

Soldiers or police? It's the latter. (hankjohnson.house.gov)
For years, observers have noted the SWAT mission creep, where sending paramilitarized police units to deal with rare mass attacks and hostage-taking events has transmuted into the routine use of SWAT for things like serving drug search warrants. A recent ACLU report documented this trend, finding that 62% of all SWAT teams had been deployed for drug raids. And public anger over police killings -- especially of young men of color -- has been on the increase as well.

In the past decade, affairs have only accelerated as police departments around the land have availed themselves of Congress's largesse in letting them pick up surplus military equipment for free, bringing home Humvees and MRAPs, as well as all kinds of armaments and military get-up. Under the weight of all that gear, policemen who used to look like Officer Friendly have taken on the appearance of imperial storm troopers.

That has all taken place under the Pentagon's 1033 program, which allows the transfer of such equipment from war zones in Iraq and Afghanistan state and local law enforcement agencies without charge. But, critics claim, while appropriate as war materiel, much of this equipment is not suited for civilian law enforcement purposes.

Law enforcement's resort to military equipment against largely peaceful civilian protestors in Ferguson, with armored vehicles moving in to confront teenagers wearing shorts and sniper rifles aimed from turrets at local residents put the issue front and center in the national consciousness.

There were congressional hearings on the topic last week, and today, a bipartisan pair of congressmen, Reps. Hank Johnson (D-GA) and Raul Labrador (R-ID), announced that they had filed a bill to rein in the Department of Defense program that transfers surplus military equipment to state and local law enforcement agencies.

Police militarization is an attitude, too. (BCSO)
"Militarizing America's main streets won't make us any safer, just more fearful and more reticent," said Johnson in a statement announcing the bill. "Before another small town's police force gets a $750,000 gift from the Defense Department that it can't maintain or manage, it behooves us to press pause on Pentagon's 1033 program and revisit the merits of a militarized America."

The bill is HR 5478, the Stop Militarizing Law Enforcement Act of 2014. It would:

  • Prevent transfers of equipment inappropriate for local policing, such as high-caliber weapons, long-range acoustic devices, grenade launchers, armed drones, armored vehicles, and grenades or similar explosives.
  • End incentives to use equipment in circumstances when the use is unnecessary. Under the 1033 program, local police are required to use the equipment within a year, incentivizing towns to use it in inappropriate circumstances.
  • Require that recipients certify that they can account for all equipment. In 2012, the weapons portion of the 1033 program was temporarily suspended after DOD found that a local sheriff had gifted out army-surplus Humvees and other supplies. This bill would prohibit re-gifting and require recipients to account for all equipment received from DOD.
  • Remove any reference to counterdrug operations from the program, thus ensuring that law enforcement is not incentivized to use the equipment to perform arrests of those suspected of being low-level, non-violent drug offenders.

"Our nation was founded on the principle of a clear line between the military and civilian policing," said Labrador. "The Pentagon's current surplus property program blurs that line by introducing a military model of overwhelming force in our cities and towns. Our bill would restore the focus of local law enforcement on protecting citizens and providing due process for the accused."

The bill also adds requirements to enforce tracking mechanisms that keep up with and control transfers of the equipment, implement policies ensuring that police agencies can't surplus the equipment for resale and define drones more clearly. It would also specify that the use of MRAPs, grenades, and drones is not appropriate for civilian law enforcement.

In addition to Johnson and Labrador, the bill's original cosponsors are Reps. Justin Amash (R-MI), John Conyers (D-MI), Tom McClintock (R-CA), and Jim Moran (D-VA).

The move is winning kudos from drug reform organizations.

Just what every small town police department needs. (Doraville PD)
"Very occasionally and with proper oversight and training, the use of some military equipment is appropriate -- school shootings, terrorist situations and the like," said Major Neill Franklin (Ret.), executive director of Law Enforcement Against Prohibition. "But when it's routinely used against nonviolent drug offenders, it only serves to further strain police-community relations so vital to preventing and solving violent crime. This bill will correct some of the worst excesses of a potentially useful program hijacked by the war on drugs."

"In light of what we all saw in Ferguson, Missouri, the American people are clamoring for law enforcement to become less militarized. Grenades, drones, and tanks may belong on the battlefield; they certainly don't have a place on US streets," said Michael Collins, policy manager at the Drug Policy Alliance's Office of National Affairs. "Such militarization is inextricably linked to the drug war, where SWAT teams and no-knock raids have become a routine part of drug arrests, even in the case of nonviolent offenders."

The bill is a good first step in reining in law enforcement militarization, he said.

"This legislation is a thoughtful attempt at tackling a very worrying problem -- the militarization of law enforcement," Collins said. "The Pentagon program is highly problematic because preferential treatment is given to those police forces that use their equipment to fight the drug war. This bill would end that, and move us away from a heavy-handed approach to drug policy."

Washington, DC
United States

End the Drug War "For the Kids" Coalition Forms [FEATURE]

In a move precipitated by the child immigration border crisis, but informed by the ongoing damage done to children on both sides of the border by law enforcement-heavy, militarized anti-drug policies, a broad coalition of more than 80 civil rights, immigration, criminal justice, racial justice, human rights, libertarian and religious organizations came together late last week to call for an end to the war on drugs in the name of protecting the kids.

The failures of the war on drugs transcend borders. (wikimedia.org)

"The quality of a society can and should be measured by how its most vulnerable are treated, beginning with our children," said Asha Bandele of the Drug Policy Alliance, the organization that coordinated the letter. "Children have every right to expect that we will care for, love and nurture them into maturity. The drug war is among the policies that disrupts our responsibility to that calling."

The groups, as well as prominent individuals such as The New Jim Crow author Michelle Alexander, signed on to a letter of support for new policies aimed at ending the war on drugs.

"In recent weeks," the letter says, "the plight of the 52,000 unaccompanied children apprehended at the US border since last October, many of whom are fleeing drug war violence in Central America, has permeated our national consciousness. The devastating consequences of the drug war have not only been felt in Latin America, they are also having ravaging effects here at home. All too often, children are on the frontlines of this misguided war that knows no borders or color lines."

Organizations signing the letter include a broad range of groups representing different issues and interests, but all are united in seeing the war on drugs as an obstacle to improvement. They include the Black Alliance for Just Immigration, Center for Constitutional Rights, the Institute of the Black World, Presente.org, Students for Liberty, United We Dream, the William C. Velasquez Institute, and the Working Families Organization. For a complete list of signatories, click here. [Disclosure: StoptheDrugwar.org, the organization publishing this article, is a signatory.]

In the past few months, more than 50,000 minors fleeing record levels of violence in the Central American countries of El Salvador, Guatemala, and Honduras have arrived at the US border seeking either to start a new life or to reconnect with family members already in the country. The causes of the violence in Central America are complex and historically-rooted, but one of them is clearly the US war on drugs, heavy-handedly exported to countries throughout the Western Hemisphere in the past several decades.

Those northern Central American countries -- the so-called Northern Triangle -- have been especially hard hit by drug prohibition-related violence since about 2008, when, after the US helped Mexico bulk up its war on the drug cartels via the $2.4 billion Plan Merida assistance package (President Obama wants another $115 million for it next year), the cartels began expanding their operations into the weaker Central American states. Already high crime levels went through the roof.

Honduras's second largest city, San Pedro Sula, now has the dubious distinction of boasting the world's highest murder rate, while the three national capitals, Guatemala City, San Salvador, and Tegucigalpa, are all in the top 10 deadliest cities worldwide. Many of the victims are minors, who are often targeted because of their membership in drug trade-affiliated street gangs (or because they refuse to join the gangs).

Protesting for schools, not prisons in California (Ella Baker Center)
The impact of the war on drugs on kids in the United States is less dramatic, but no less deleterious. Hundreds of thousands of American children have one or both parents behind bars for drug offenses, suffering not only the stigma and emotional trauma of being a prisoner's child, but also the collateral consequences of impoverishment and familial and community instability. Millions more face the prospect of navigating the mean streets of American cities where, despite some recent retreat from the drug war's most serious excesses, the war on drugs continues to make some neighborhoods extremely dangerous places.

"In the face of this spiraling tragedy that continues to disproportionately consume the lives and futures of black and brown children," the letter concludes, "it is imperative to end the nefarious militarization and mass incarceration occurring in the name of the war on drugs. So often, repressive drug policies are touted as measures to protect the welfare of our children, but in reality, they do little more than serve as one great big Child Endangerment Act. On behalf of the children, it is time to rethink the war on drugs."

Although the signatory groups represent diverse interests and constituencies, coming together around the common issue of protecting children could lay the groundwork for a more enduring coalition, said Jeronimo Saldana, a legislative and organizing coordinator for the Drug Policy Alliance.

"The idea was to get folks together to make a statement. Now, we have to figure out how to move forward. The letter was the first step," he said.

"The groups have been very positive," Saldana continued. "They're glad someone was speaking up and putting it all together. What's going on in Central American and Mexico is tied into what's happening in our own cities and communities. This crosses partisan lines; it's really obvious that the failed policies of the war on drugs affects people of all walks of life, and the images of the kids really brings it home. We hope to build on this to get some traction. We want folks to continue to make these connections."

Different signatories do have different missions, but a pair of California groups that signed the letter provide examples of how the drug war unites them.

Child refugee in a US border detention facility (presente.org)
"We have a history of working on behalf of youth involved in the criminal justice system and their families," said Azadeh Zohrabi, national campaigner for the Oakland-based Ella Baker Center for Human Rights. "We see desperate families trying to stay connected, strong, and healthy, but mass incarceration is really making that difficult. We work both with families whos kids are involved in the justice system and with families with one or both parents in prison or who have lost custody of their kids because of their involvement in the criminal justice system," she explained.

"We are working to combat this, and we think the war on drugs overall has had disastrous consequences for families, both here and abroad," Zohrabi continued. "The trillions poured into policing and militarization has just produced more misery. It's time for drugs to be dealt with as a public health issue, not a crime."

"We signed on because the letter is very clear in addressing an important component of the discussion that hasn't really been out there," said Arturo Carmona, executive director of the Latino social justice group Presente.org. "This crisis on the border is not the result of deferring actions against immigrant child arrivals, as many right-wing Republicans have been saying, but is the result of one of the most deadly peaks in crime and violence in the Northern Triangle in recent memory," he argued.

"The violence there is one of the main push factors, and when we talk about this in the US, it's critical that we acknowledge these push factors, many of which are connected to the war on drugs," Carmona continued. "You'll notice that the kids aren't coming from Nicaragua, where we haven't been supporting the war on drugs, but from countries that we've assisted and advised on the drug war, where we've provided weaponry. This is very well-documented."

While Presente.org is very concerned with the immigration issue, said Carmona, there is no escaping the role of the war on drugs in making things worse -- not only in Central America and at the border, but inside the US as well.

"We're very concerned about the chickens coming home to roost for our failed war on drugs policy," he said. "The American public needs to be made very aware of this, and we are starting to see a greater understanding that this is a failed policy -- not only in the way we criminalize our young Latino and African-American kids here in the US, but also in the way this policy affects other countries in our neighborhood. As Nicaragua shows, our lack of involvement there has seen a lower crime rate. Our military involvement through the drug war is an abysmal failure, as the record deaths not only in Central America, but also in Mexico, shows."

Colombia, FARC Reach Accord on Drug Issues

The Colombian government and the Marxist guerrillas of the FARC have reportedly reached an agreement on how to deal with drug issues, the third item in a five-part agenda for peace talks that have ongoing in Havana since 2012.

Both Reuters and Business Week reported Friday afternoon that an agreement had been reached. Both cited Colombian government officials who spoke anonymously because the agreement hasn't been made public yet. And neither have the details.

[Update: The FARC and the Colombian government have now released a joint communique outlining the areas of agreement. They include programs for crop substitution, the end of aerial eradication--although the government maintains the ability to undertake it in extreme circumstances--a national drug use prevention education program, a national drug rehabilitation program, and Colombia challenging current drug control policies in international forums like the United Nations.]

The FARC has been at war with the Colombian state for half a century. Flush with profits from the coca and cocaine trade, it surged in the 1990s, but was beaten back by a vicious counterinsurgency led by the government of former President Alvaro Uribe and backed by billions of dollars in US anti-drug, and later, anti-terrorism assistance. Also aligned with the Colombian state were rightist paramilitary organizations involved in the drug traffic.

The government of President Juan Santos has attempted to end the seemingly perpetual conflict by engaging in the peace talks. Santos is up for reelection later this month against a hard-line Uribe ally, Oscar Ivan Zuluaga, whose position is that the FARC must agree to lay down its weapons before engaging in peace talks. This apparent progress in the slow-moving talks could help Santos when voters go to the polls on May 25.

While the FARC has refused a cease-fire while talks are ongoing, on Friday it also announced that it would temporarily cease operations in the days just before and after the election.

The FARC had entered this phase of the negotiations with a 10-point program on the drug issue, including special protections for coca producers, alternative development programs, development of licit uses for coca, poppy, and marijuana crops, an end to aerial fumigation of drug crops, and an to militarized drug law enforcement, decriminalization of drug producers, workers, and consumers, and recognition of problematic drug use as a public health, not a criminal justice problem.

Havana
Cuba

Chronicle Book Review: Smuggler Nation

Smuggler Nation: How Illicit Trade Made America, by Peter Andreas (2013, Oxford University Press, 454 pp., $29.95 HB)

Wow. With Smuggler Nation, Brown University political science professor Peter Andreas has hit the ball out of the park -- or over the border. This book should be required reading for not only for people interested in we got to our current mess in the war on drugs, but also for anyone interested in American history in general, and the twinned growth of illicit commerce and the ever-increasing policing resources designed to thwart it in particular.

What makes Smuggler Nation so essential for people primarily interested in drug policy is the manner in which it situates drug prohibition and efforts to suppress the drug trade within the larger historical context of state efforts to control -- or prohibit -- trade. The war on drugs (or at least its interdiction component) didn't drop on us out of the sky, but was built upon already existing national-level efforts to enforce proscriptions on free trade, dating back to Jefferson's abortive ban on US ships trading with any foreign nations, the more successful, but still long-lasting and highly contentious effort to ban the slave trade, and Prohibition-era border enforcement.

Andreas shows that, going back to colonial times, smuggling and illicit commerce played a crucial role in the creation and expansion of the American economy, and, indeed, in the anti-British sentiment that led the way to the American Revolution in the first place. Whether it was enriching Providence and Boston merchants in the triangular slave trade, stealing intellectual property from England at the start of the Industrial Age, selling American cattle to hungry British troops stationed in Canada during the War of 1812, allying with the smuggler-pirate Jean Lafitte in the Battle of New Orleans in that same war, selling contraband whiskey to Indians, smuggling guns into Mexico (in the 1840s, in addition to now) -- the list goes on and on -- smuggling and illicit commerce was, and continues to be, part and parcel of the American story.

Andreas also show that those efforts to control unsanctioned commerce led directly -- and continue to lead directly -- to ever larger, more expansive, more expensive, and  more unintended consequence-generating law enforcement efforts to suppress it. We saw it with the early growth of the US Navy to combat tax evading smugglers, and how those efforts rerouted, but did not defeat, illicit trade. We saw it with the expansion of drug war interdiction efforts in the 1980s, where blockading the Caribbean route for Colombian cocaine rerouted, but did not defeat, illicit trade, and helped provoke the metastasis of what had been largely low-key, local Mexican smuggling networks into the Frankenstein monster drug cartels of today.

We can see that at work today in the current debate over the immigration reform bill working its way through Congress. House Majority Leader Boehner thought he could sell the bill to his conservative caucus by agreeing to expansive provisions to "regain control of the border" or "secure the border" by spending billions of dollars and adding 20,000 more federal agents along the Mexican border. (Nevermind that even that's not likely to be enough to satisfy Boehner's caucus, some of whom might support the bill but others of which have charmingly compared Mexican immigrants to dogs and asserted that those DREAM Act kids are mostly drug mules.)

There were 3,000 border agents in the early 1990s, 7,000 by the late 1990s, and there are 20,000 right now. The immigration bill would double that number again. As Andreas, relying on the historical record, notes, that is unlikely to stop drug smuggling or people-smuggling (there are much deeper driving forces to such phenomenon than law enforcement), but merely to divert it or reroute it, to corrupt enforcers, and to inspire the smugglers to come up with new technologies to get around it and gain entrée into Fortress America.

Andreas also makes an important point about "the threat" of transnational organized crime. That's pretty much just a fancy way of saying smuggling, he asserts, and it is nothing new. As he shows throughout Smuggler Nation, trade in contraband has been part of global trade since, well, forever. And now, given the rapid expansion of global commerce in recent decades, it would be surprising if contraband trade isn't expanding, too. It is, he argues, but possibly at a slower rate than the expansion of licit global trade. All of the hulaballoo over "the menace" of illicit trade is overdone, he dares to suggest.

Andreas is an academic who specialized in the US-Mexico border in his early career, and his publisher, Oxford University Press, is an academic press, but his writing is quite accessible to the lay reader. Smuggler Nation is chock full of great lost stories from American history, stories that hold serious lessons for us today as we struggle against the behemoth that our prohibition industry has become. Smuggler Nation will help explain how we got here, and you'll learn plenty and have lots of fun along the way.  This book needs to be on your bookshelf, and well-worn at that.

US-Mexican Caravan for (Drug War) Peace Gets Underway [FEATURE]

Last Sunday, dozens of Mexican activists led by poet Javier Sicilia crossed into the US at San Diego to begin a weeks-long Caravan for Peace and Justice that will take them more than 6,000 miles through 27 cities in a bid to focus attention on the drug war's terrible toll in both countries. They were met there by representatives of the more than 100 US organizations that are joining and supporting the Caravan as it makes its way toward Washington, DC.

"Our purpose is to honor our victims, to make their names and faces visible," Sicilia said. "We will travel across the United States to raise awareness of the unbearable pain and loss caused by the drug war -- and of the enormous shared responsibility for protecting families and communities in both our countries."

But it's not just about honoring the victims of the drug war; the Caravan also explicitly seeks policy changes on both sides of the border, and not only to drug policy. These policy areas and the Caravan's recommendations include:

Drug War policies: We propose the need to find a solution, with a multidisciplinary and intergenerational approach that places individuals, and their welfare and dignity, at the center of drug policy. We call on both the Mexican and the U.S. community to open and maintain a dialogue about alternatives to Prohibition based on evidence, and which is inclusive in its considerations of the diverse options for drug regulation.

Arms trafficking: We propose that the President of the United States immediately prohibit the importation of assault weapons to the United States. Assault weapons are often smuggled into Mexico, and have also been used too many times against innocent civilians in the US. We propose giving authorities effective regulatory tools and adequate resources to halt arms smuggling in the border regions, especially in border states like Arizona and Texas.

Money laundering: We call for governments on both sides of the border to take concrete steps to combat money laundering. We propose that financial institutions be held accountable for preventing money laundering through increased government surveillance, investigations, fines and criminal charges. We also call for the Treasury Department to immediately implement Congress’ 2009 call to close the “prepaid/stored value cards” loophole.

US foreign aid policy: We call for a change from the United States' "war" focus to one of human security and development that contemplates promoting the healing of Mexico's torn social fabric. We propose the immediate suspension of US assistance to Mexico's armed forces. The "shared responsibility" for peace that both governments share must begin with each country complying with its own respective national laws.

Immigration: We call for a change in the policies that have militarized the border and criminalized immigrants. These policies have generated a humanitarian crisis driven by unprecedented levels of deportations and incarceration of migrants. In addition, these policies have also inflicted immeasurable environmental damage. We call for protecting the dignity of every human being, including immigrant populations that have been displaced by violence who are fleeing to the US seeking safe haven and a better life.


The Caravan is a natural outgrowth of Sicilia's Mexican Movement for Peace and Justice with Dignity (MMPJD), which he formed after his son and several comrades were kidnapped and murdered by drug cartel gunmen in Cuernavaca in March 2011. It is designed to put names and faces on the estimated 60,000 dead, 10,000 disappeared, and 150,000 displaced by the prohibition-related violence pitting the so-called cartels against each other and the Mexican state.

In Mexico, the MMPJD struck a deep chord with a population increasingly angered and frightened by the often horrific violence raging across the country. Caravans organized by the MMJPD crisscrossed the country last year before bringing 100,000 people to mass in Mexico City's huge national plaza, the Zocalo in June. The mass outpouring of grief and anger convinced President Felipe Calderon to meet with Sicilia, who brought along photos of some of the dead depicting them as happy, smiling human beings.

"The powers that be were trying to tell us that all those who were dying were just criminals, just cockroaches," Sicilia explained. "We had to change the mindset, and put names to the victims for a change."

On last Sunday, Sicilia and the Caravan were met in San Diego by about 100 supporters from national groups such as the Drug Policy Alliance, Global Exchange, Law Enforcement Against Prohibition, the NAACP, the Washington Office on Latin America, and, as will be the case across the country, local immigrant rights, civil rights, religious, and drug reform groups.

"This movement brings together activists from both of our countries to shed light on the policies that have failed our families, neighbors, and nations," said Sicilia. "United, we will raise our voices to call for an end to a war on drugs that allows entire communities to become casualties, and we will demand a shift in attention to poverty and the lack of economic opportunity that helps breed the criminality."

"What we are trying to do is raise the level of conversation around this topic," said Global Exchange's Ted Lewis, one of the caravan's organizers. "We're trying to have a bi-national conversation and impact."

Javier Sicilia and Sheriff Joe Arpaio (caravanforpeace.org)
By last Friday, the Caravan had reached Las Cruces, New Mexico, after first stopping in Los Angeles, Phoenix, and Tucson. In Los Angeles, the Caravan wooed Hollywood, seeking support from the film community as it seeks to shift public opinion against prohibitionist drug policies that wreak havoc in both countries.

"What unites us is grief for what Mexico has lost, which is peace," said Mexican filmmaker Alejandro Gonzalez Inarritu, the Oscar-nominated director of "Biutiful" and "Babel," who was among the Hollywood stars greeting the Caravan.

In Phoenix on Thursday, Sicilia and the Caravan had an unexpected encounter with Maricopa County Sheriff Joe Arpaio as they trekked to one of Arpaio's jails to see what the drug war looks like on the US side of the border. The feisty sheriff, who is notorious for his treatment of prisoners and anti-immigrant politics, got an earful from Sicilia, but didn't exactly roll over.

Sicilia chided Arpaio over the flow of American weapons into Mexico and the hands of the cartels and asked him to do a better job controlling the traffic, to which Arpaio retorted, "Control the flow of drugs."

Sicilia also urged Arpaio, who is under Justice Department investigation over his treatment of prisoners and illegal immigrants, to "be more human" in the way he handles people under his control. "We don't come in war but in peace to tell you that you have half of the responsibility for the war that there is in Mexico," he said. "I ask you whether treating migrants like dogs is a correct policy."

"I don't run the jails," Arpaio replied. [Ed: As noted above, Arpaio does run jails, and is being investigated for how prisoners are treated in them.]

Sicilia urged Arpaio to visit Mexico, but Arpaio demurred, saying that the cartels had a price on his head.

The Caravan for Peace is now less nearly two weeks into its journey across the county to Washington, DC. Organizers have not said yet whether they will seek a meeting with President Obama, but are planning on meetings on Capitol Hill. Between now and then, they hope the Caravan will succeed in raising consciousness among Americans about the toll of the drug war on both sides of the border. Whether policymakers will listen is an open question, but the media is certainly listening. Google lists 145 news articles about the Caravan so far. That's a good start.

Mexico President-Elect Wants Drug Legalization Talks

Mexico's likely president-elect, Enrique Peña Nieto, said in a PBS Newsmaker interview that aired Tuesday evening that Mexico should discuss legalizing drugs and regulating their sale, and that the US and other countries should be part of the discussion as well. But he also said that he wasn't calling for legalization and that he would continue using the military in Mexico's battle against its powerful drug trafficking organizations, the so-called cartels.

Mexican president-elect Enrique Peña Nieto (cddiputados.gob.mx)
While Peña Nieto is virtually certain to be Mexico's next president, it's not quite official yet. Mexico election officials are recounting half the ballot boxes because of inconsistencies in the tallies and expect to release final results Sunday. But with Peña Nieto holding a five-point lead over second place finisher Andre Manuel Lopez Obrador, the recount is unlikely to change the outcome.

[Editor's Note: For our feature article on what Peña Nieto might mean for Mexico's future drug policy, published just as the PBS interview aired, go here.]

"I'm in favor of opening a new debate in the strategy in the way we fight drug trafficking. It is quite clear that after several years of this fight against drug trafficking, we have more drug consumption, drug use and drug trafficking. That means we are not moving in the right direction. Things are not working," he told PBS's Margaret Warner in Mexico City. "I'm not saying we should legalize," he repeated. "But we should debate in Congress, in the hemisphere and especially the US should participate in this broad debate."

"So let the debate begin, but you're not taking a position yet?" Warner asked.

"That's right," he said.

Peña Nieto joins an ever growing list of Latin American leaders calling for frank discussions on alternatives to US-style drug war policies. The incipient rebellion has been brewing for years, but broke into the open on the hemispheric diplomatic this spring at the Organization of American States' Summit of the Americas in Cartagena, Colombia.

Although US media coverage of the summit was devoted almost entirely to the bright shiny object that was the Secret Service prostitution scandal, the summit saw Latin American leaders, including Colombian President Santos and Guatemalan President Perez Molina urge that formal discussions take place. And just days ago, Uruguayan President Mujica joined the ranks of the drug war dissenters, as his government put forth plans to establish a state monopoly on marijuana sales.

While Peña Nieto's comments on debating legalization won't be welcomed with open arms in Washington, his affirmation that he will largely continue the policies of his predecessor, President Felipe Calderon, will reassure politicians and policymakers worried that he was going to go soft on the cartels. While he would shift the focus from going after gang capos to reducing the violence, the Mexican state would continue to battle organized crime, he said.

"I know there is a concern around this issue, in terms of assuming this adjustment means not going after drug cartels involved in drug trafficking. No, absolutely not," he insisted.

"I will maintain the presence of a Mexican Army, and the Navy and police in the states of the Mexican Republic, where the problem of crime has increased," the telegenic former governor of Mexico state emphasized. "We will adjust the strategy so that we can focus on certain type of crimes, like kidnapping, homicide, extortion, which today, unfortunately, have worsened or increased, because we have a lot of impunity in some areas. The state's task is to achieve more efficiency, and to go back to the rule of law and enforce laws strictly in our country."

And while he said he wanted to intensify cooperation with the US, he made clear that he felt the US had failed to do enough to stop gun-running into Mexico. That has been a complaint of Calderon's as well.

"We have been insisting on getting the US more involved in arms control," Peña Nieto said bluntly. "Unfortunately, it has had no impact."

The cracks in the wall of global drug prohibition keep getting bigger, and that bleeding fissure opened up by Mexico's wave of prohibition-related violence has created yet another stress point on the prohibitionist consensus. We may not be there quite yet, but the time when that wall finally collapses is coming.

Mexico City
Mexico

Mexico's Drug War Version 2.0 [FEATURE]

Dismayed and horrified by the wave of prohibition-related violence unleashed on Mexico with President Calderon's deployment of the military to fight the country's wealthy and powerful drug trafficking organizations -- the so-called cartels -- Mexican voters on Sunday appear to have rejected Calderon's party, the PAN, instead harkening back to the past, choosing as president-elect Enrique Peña Nieto, candidate of the PRI, the party that dominated Mexico for most of the 20th Century.

Mexico's likely next president, Enrique Peña Nieto (wikimedia.org)
While Peña Nieto is virtually certain to be Mexico's next president, it's not quite official yet. Mexico election officials are recounting half the ballot boxes because of inconsistencies in the tallies and expect to release final results Sunday. But with Peña Nieto holding a five-point lead over second place finisher Andre Manuel Lopez Obrador, the recount is unlikely to change the outcome.

The election came amidst relentless and terrifying violence. At least 55,000 people have been killed in the internecine conflicts among the rival cartels and in the multisided fighting between the cartels, the police, and the military, with thousands more gone missing. Election week saw a new video of Gulf Cartel operatives beheading four Zetas, as well as the killing of three federal police officers at the Mexico City airport by other federal police officers being targeted in a drug trafficking investigation.

That is nothing unusual for Mexico these days, six years after Calderon sent 50,000 troops and federal police out to stop the cartels. The question is whether Peña Nieto is going to do anything substantially different once he takes power in December, and right now, the answer is unclear.

During the run-up to Sunday's election, the charismatic former governor of the state of Mexico attempted to create some distance between himself and Calderon's approach, but his policy prescriptions appear to be more in the nature of adjustments than a radical rethinking. He has made two direct proposals for retooling Mexico's drug war and one key appointment.

Peña Nieto has called for the creation of a paramilitary force of 40,000 ex-soldiers to take the burden of fighting the heavily-armed cartels from the military, which has seen an increasing number of human rights complaints filed against it. But that will take time to pull together, and he has said nothing about sending the military back to its barracks before then.

He is also calling for something like a single unified national police force, or what he calls the mando unico, the unified command. Calls for reforming Mexico's police, with its thousands of different municipal, state, and federal department, have been a constant for at least the last quarter-century, as those forces repeatedly expose themselves as hopelessly corrupt and inefficient. But reorganizations have been done before, only to create a new cadre of cops to be corrupted.

The US-Mexican border
In another sign of the direction he intends to take the country, Peña Nieto this week appointed as an internal security advisor the former chief of the Colombian national police, Oscar Naranjo. Working closely with the US, Naranjo vastly expanded the intelligence apparatus of the national police and is credited with helping to bring down the Medellin and Cali cartels. But Naranjo also ran the national police under the presidency of Alvaro Uribe, a period marked by shady dealings with rightist paramilitaries linked to the drug trade.

On Tuesday, Peña Nieto told PBS he would continue to use the military indefinitely.[Editor's Note: In that same interview, he had some words to say about discussing drug legalization; see our news brief on that here.]

"I will maintain the presence of a Mexican Army, and the Navy and police in the states of the Mexican Republic, where the problem of crime has increased," he said. "We will adjust the strategy so that we can focus on certain type of crimes, like kidnapping, homicide, extortion, which today, unfortunately, have worsened or increased, because we have a lot of impunity in some areas. The state's task is to achieve more efficiency, and to go back to the rule of law and enforce laws strictly in our country."

Raising eyebrows in Washington, Peña Nieto has previously hinted that he may refocus Mexico's anti-crime efforts, placing lesser emphasis on nailing cartel kingpins and eradicating illicit crops and placing more emphasis on reducing the violence.

"Violence is the most sensitive issue for Mexicans," he told the Financial Times in his first interview with an international newspaper. "Mexico cannot put up with this scenario of death and kidnapping."

Such comments have led many observers in both Mexico and the US to suggest that Peña Nieto may revert to the PRI's old ways. It is commonly believed -- although difficult to prove -- that during the latter part of its 70-year rule, that the PRI did not so much attempt to suppress the drug trade but to manage it, allowing itself to be bought off by the cartels. In return for non-interference from the state, the drug traffickers would keep a relatively low profile as they went about their business. What is certain is that the levels of violence around the drug trade and its repression have soared during the 12 years the PAN held power and moved aggressively against the cartels.

[Ed: Whether or not the government or individual officials made explicit deals with the cartels, it is generally understood among scholars that government's mostly manage illegal drug trades rather than seriously trying to undo them -- doing so enables them to keep crime within "normal" levels, as opposed to the kinds of bloodbaths seen in Mexico recently or Colombia during the time of Pablo Escobar.]

Sensitive to such charges, Peña Nieto took pains to say he was not going to make deals with the cartels. "There will be no pact or truce with organized crime," he said.

"What's really going on is that he's being very careful to assure the US that it will be business as usual, that they will continue fighting the drug war," said Nathan Jones, a fellow in drug policy at the Baker Institute in Houston. "There could be ways you could shift from counter-narcotics to counter-violence and have it be in line with US policies. With a counter-violence strategy, you would be consciously and publicly targeting the most violent cartels, but they're already doing that."

What drug prohibition brings Mexico (PGR Mexico)
"Much is up in the air in terms of what differences there will actually be once he comes to power in December," said Elise Dunn, a research associate at the Council on Hemispheric Affairs. "On the one hand, he has promised not to negotiate with the drug cartels, and on the other hand, he comes to power at a difficult time, but I don't think the strategy will change dramatically. No president is going to lose the appearance of taking a hard stand against the cartels, but there are many accusations that he will deal with them, and those accusations are based on the past behavior of the PRI."

Still, Dunn said, the PRI has traditionally had a close relationship with the US, and Peña Nieto will seek to keep it that way.

"I would anticipate that in public relations with the US, he will say they'll go after the capos, but that's very much up in the air," she said. "He has also suggested that putting the military back in its barracks is an option, but I consider that very unlikely given the pressures the US would exert."

It is also unlikely, at least in the near term, because there is no effective force in place to replace the military.

"This idea of the paramilitary force composed of former soldiers seems to be popular in Mexico because the military is the second most respected institution in the country behind the Catholic Church," said Jones, "but 40,000 men is a very large force and that will take time to build, so they continue to have to use the military at least for the short term."

"The one reform Mexico really needs is a complete overhaul of its police force," said Dunn. "Peña Nieto has suggested the shift, and his paramilitary plan could be the core of a national police force. We need a complete overhaul of the more than 2,000 different police forces that have been rife with corruption and lack of transparency, but what that overhaul will look like is up in the air."

Reforming law enforcement, though, is an old and so far failed game in Mexico. As each corrupted unit or department is disbanded and replaced, the new ones consistently fall prey to the same temptations.

"One problem is that Mexico has been readjusting its federal police forces since the 1980s, they've had an alphabet soup of federal drug enforcement agencies, so I'm a bit skeptical about a new one," she added.

One obstacle to reforming the Mexican police will be political. While Peña Nieto triumphed on Sunday, the PRI failed to achieve a majority in the congress. That means he will need the support of other parties to move forward on the idea, and that's by no means a given.

Peña Nieto has five months before he takes office in December. There is no sign of any let-up in the prohibition-related violence, nor any sign all the captures or killings of cartel higher-ups are having any impact on the violence or the drug trade. And there appears to be little sign that the new president will do anything radically different about it -- at least not out in the open.

Mexico

US/Mexico Drug War "Caravan of Peace" Gearing Up [FEATURE]

Aghast and appalled at the bloody results of Mexican President Felipe Calderon's war on drugs, which has resulted in at least 50,000 deaths since he deployed the military against the so-called drug cartels in December 2006 and possibly as many as 70,000, dozens of organizations in Mexico and the US announced Monday that they will take part in a "Caravan for Peace" that will journey across the US late this summer in a bid to change failed drug war policies on both sides of the border.

caravan launch at Museo Memoria y Tolerancia, Plaza Juárez, Mexico City (@CaravanaUSA @MxLaPazMx)
Led by Mexican poet Javier Sicilia, who was spurred to action by the murder of his son by cartel members in Cuernavaca in 2010, and the Movement for Peace with Justice and Dignity (MPJD) he heads, the caravan will depart from San Diego on August 12 and arrive in Washington on September 10 after traveling some 6,000 miles to bring to the American people and their elected officials the bi-national message that failed, murderous drug war policies must end.

The caravan will be underway in between presidential elections in the two countries. Mexico will choose a successor to Calderon on July 1, and whoever that successor is, will be re-tooling its fight against the drug cartels. By late summer, the US presidential campaign will be in full swing, and advocates hope to have at least some impact on that as well.

The caravan builds on similar efforts last year in Mexico. Led by Sicilia and other relatives of drug war victims, one caravan of more than 500 people left Cuernavaca and traveled north through 15 cities to Ciudad Juarez, one of the epicenters of prohibition-related violence in Mexico. A second caravan left Mexico City with 700 people traveling south through 21 cities. Those caravans helped turn what was an amorphous fear and dismay among Mexicans at the violence into a political movement that has put the issue of the drug wars and their victims squarely on the Mexican political agenda.

"The war on drugs has had painful consequences for our country, such as corruption and impunity," said Sicilia at a Mexico City press conference. "The proof of this is that Mexico has seen over 70,000 deaths and 10,000 disappearances, and this is closely linked to US regional security policies, which have sparked widespread areas of violence, human rights violations, and the loss of the rule of law. The drug war has failed," he said bluntly.

"On August 12, Mexicans will come to the US and cover a route of 25 cities in one month," Sicilia continued. "Our message is one of peace, and our journey will be peaceful with an open heart and the hope of speaking with each other. We believe the harm we live is linked to the failed policies we want to change."

"Regarding policies on the war on drugs, we propose the need to find a solution with a multidimensional and international approach that places the dignity of the individual at the center of drug policy," Sicilia said. "We call on both Mexican and US civil society to open and maintain a dialogue on evidence-based alternatives to prohibition and to consider various options for regulating drugs."

Javier Sicilia on CNNMéxico
For Sicilia and the caravan, drug policy is inextricably tied to other policies and issues that affect both sides of the border. The caravan is also calling for a ban on the importation of assault weapons to the US (because they then end up being exported to Mexican criminals), a higher priority for concentrating on money laundering, an end to US immigration policies that have resulted in the militarization of the border and the criminalization of immigrants, and a refocusing of US foreign policy to emphasize human rights while suspending US military aid to Mexico.

The broad range of interrelated issues is helping build a broad coalition around the caravan. Groups concerned with the border, immigrant rights, human rights, racial justice, and labor are all coming on board.

"Forty years ago, then President Nixon inaugurated the war on drugs, and we've not won the war on drugs -- the only thing we've achieved is being the world's leader in incarceration," said Dr. Niaz Kasravi, with the NAACP criminal justice program. "Through these policies, we've also promoted violence and death for those caught up in the drug war in the US and Mexico. In the US, those who have borne the brunt of it have been people of color. The war on drugs hasn't made our communities safer, healthier, or more stable, but has resulted in the mass incarceration of people of color, a de facto Jim Crow. We are in a violent state of emergency that must end, and we stand committed to ending the war on drugs."

"We emphasize the dignity and humanity of immigrants in the US," said Oscar Chacon of the National Alliance of Latin American and Caribbean Communities (NALACC), "and when we were invited to consider joining the caravan, we identified with it as a cause of our own. We see our issues reflected throughout the caravan. Policies that emphasize militarization and authoritarianism and enforcement and punishment have human rights violations as their natural results. We see in the caravan an opportunity to write a new chapter in our initiatives to highlight the value of respect for all human life and we will use our participation to further educate Latino and immigrant communities about the relationship between policy decisions made in Washington and the sad effects they can have -- in this case, particularly for our Mexican brothers and sisters."

"Prior to coming here, I did not know the extent of the pain, sorrow, and suffering of the families here in Mexico," said Neill Franklin, head of Law Enforcement Against Prohibition. "There are so many orphans, so many families being attacked. Families and future generations are also under attack in my country, with drive-by shootings and running gun battles in the streets of our big cities. Most of those targeted by the drug war here are blacks and Latinos; we have many broken families and communities because of these policies. This caravan will unite our people, our pain, and our solutions in an effort to save our sons and daughters."

"This is a historic moment and one of great necessity," said Ted Lewis of Global Exchange. "The caravan arrives between two presidential elections, and that's intentional, not because we have electoral ends, but because we want the message to be heard on both sides of the border. This is a truly binational effort, and it is very important that leaders on both sides of the border take this message deeply into account as they organize in Mexico a new administration and as they campaign here in the US. This issue must be dealt with now."

Also on board is Border Angels, a San Diego-based group best known for leaving caches of water in the desert to help save the lives of undocumented immigrants heading north. The group has long been critical of increased border enforcement efforts such as Operation Gatekeeper, which have pushed those immigrants away from urban areas and into harsh and unforgiving environments as they seek to make their way to a better life.

"Operation Gatekeeper has led to more than 10,000 deaths since 1994," said the group's Enrique Morones. "Two people die crossing the border every day, but they are also dying south of the border. Now, we see a new wave of migration to escape the terrible violence in Mexico, the country of my parents, and that's why we are joining this movement for peace in this historic caravan. We have told both Obama and Calderon that human rights, love, and peace have no borders. We demand peace, justice, and dignity."

"I think this will really have a significant impact," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "It's going to be a pivotal moment, just a month after the Mexican elections and just a few months before the US elections. I don't think drugs will be a major issue, but it will be bubbling up from time to time."

The caravan will seek to raise awareness on both sides of the border, Nadelmann said.

"Americans need to be aware of the devastation in Mexico from the combination of US demand and our failed prohibitionist policies," he said. "It's also important that Mexicans understand the devastating consequences of the war on drugs in the US -- the arrests and incarceration, the evisceration of civil rights. This mutual understanding is a pivotal part of what we're trying to accomplish."

"I hope the message will come through that change is needed on both sides of the border," Nadelmann continued. "We've seen the failures of prohibition on both sides, but the biggest impetus has to come from the US through legal regulation of marijuana and more innovative policies to reduce demand -- not from locking up more people, but by providing effective drug treatment and allowing people addicted to drugs to get them from legal sources. We need a fundmentally different approach, and this caravan will be a leap forward in understanding the consequences of failed prohibition."

Mexico City
Mexico

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