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How to Write a Clichéd, Unpersuasive Argument Against Drug Legalization

The American Spectator ran an anti-legalization editorial last week that was so over-the-top, I turned it into an instructional guide on bad drug policy writing. I couldn't help myself. The whole thing is over at Huffington Post. Enjoy.

The Top Ten Domestic US Drug Policy Stories of 2011 [FEATURE]

http://stopthedrugwar.com/files/usmap-small.jpg
We can put 2011 to bed now, but not before looking back one last time at the good, the bad, and the ugly. It was a year of rising hopes and crushing defeats, of gaining incremental victories and fending off old, failed policies. And it was a year in which the collapse of the prohibitionist consensus grew ever more pronounced. Let's look at some of the big stories:

Progress on Marijuana Legalization

Last year saw considerable progress in the fight for marijuana legalization, beginning in January, when Law Enforcement Against Prohibition (LEAP) got President Obama to say that legalization (in general) is "an entirely legitimate topic for debate," and that while he does not favor it, he does believe in "a public health-oriented approach" to illicit drugs. Before the LEAP intervention, which was made via a YouTube contest, legalization was "not in the president's vocabulary." While we're glad the president learned a new word, we would be more impressed if his actions matched his words. Later in the year, in response to "We the People" internet petitions, the Obama White House clarified that, yes, it still opposes marijuana legalization.

In June, Reps. Barney Frank (D-MA) and Ron Paul (R-TX) made history by introducing the first ever bill in Congress to end federal marijuana prohibition, H.R. 2306. It hasn't been scheduled for a hearing or otherwise advanced in the legislative process, but it has garnered 20 cosponsors so far. Sadly, its lead sponsors are both retiring after this term.

Throughout the year, there were indications that marijuana legalization is on the cusp of winning majority support among the electorate. An August Angus Reid poll had support at 55%, while an October Gallup poll had it at 50%, the first time support legalization has gone that high since Gallup started polling the issue. A November CBS News poll was the downside outlier, showing support at only 40%, down slightly from earlier CBS polls. But both the Angus Reid and the Gallup polls disagreed with CBS, showing support for legalization trending steadily upward in recent years.

Legalization is also polling reasonably -- if not comfortably -- well in Colorado and Washington, the two states almost certain to vote on initiatives in November. In December, Public Policy Polling had legalization leading 49% to 40% in Colorado, but that was down slightly from an August poll by the same group that had legalization leading 51% to 38%.

In Washington, a similar situation prevails. A January KING5/SurveyUSA poll had 56% saying legalization would be a good idea and 54% saying they supported marijuana being sold at state-run liquor stores (similar to what the I-502 initiative proposes), while a July Elway poll had 54% either definitely supporting legalization or inclined to support it. But by September, the Strategies 360 Washington Voter Survey had public opinion evenly split, with 46% supporting pot legalization and 46% opposed.

The polling numbers in Colorado and Washington demonstrate that victory at the polls in November is in reach, but that it will be a tough fight and is by no means a sure thing. "Stoners Against Proposition 19"-style opposition in both states isn't going to help matters, either.

Oh, and Connecticut became the 14th decriminalization state.

Medical Marijuana Advances…

In May, Delaware became the 16th state to enact a medical marijuana law. Under the law, patients with qualifying conditions can legally possess up to six ounces of marijuana, but they cannot grow their own. Instead, they must purchase it from a state-licensed compassion center. That law will go into effect this year.

Meanwhile, New Jersey and Washington, DC, continue their achingly slow progress toward actually implementing existing medical marijuana laws. In New Jersey, Gov. Chris Christie (R) finally got out of the way and okayed plans for up to six dispensaries, but early efforts to set them up are running into NIMBY-style opposition. In DC, a medical marijuana program approved by voters in 1998 (!) but thwarted by Congress until 2009 is nearly at the stage of selecting dispensary operators. One of these months or years, patients in New Jersey and DC may actually get their medicine.

And late in the year, after the federal government rejected a nine-year-old petition seeking to reschedule marijuana, the governors of Rhode Island, Vermont, and Washington formally asked the Obama administration to reschedule it so that states could regulate its medical use without fear of federal interference. As the year came to an end, Colorado joined in the request for rescheduling.

…But the Empire Strikes Back

Last year saw the Obama administration recalibrate its posture toward medical marijuana, and not for the better. Throughout the year, US Attorneys across the country sent ominous signals that states attempting to regulate medical marijuana dispensaries could face problems, including letters to state governors not quite stating that state employees involved in regulation of the medical marijuana industry could face prosecution. That intimidated public officials who were willing to be intimidated, leading, for example, to New Jersey Gov. Chris Christie (R) delaying his state's medical marijuana program, Rhode Island Gov. Lincoln Chafee (I) to kill plans for dispensaries there, and Washington Gov. Christine Gregoire (D) to veto key parts of a bill there that would have regulated dispensaries.

Then the feds hit hard at Montana, raiding dispensaries and growers there, even as the state law was under attack by conservative Republican legislators. Now, Montana medical marijuana providers are heading to federal prison, and the state law has been restricted. What was once a booming industry in Montana has been significantly stifled.

There have also been raids directed at providers in Colorado, Michigan, Oregon, and Washington, but California has been the primary target of federal attention in the latter half of the year. Since a joint offensive by federal prosecutors in the state got underway in October, with threat letters being sent to numerous dispensaries and their landlords, a great chill has settled over the land. Dispensary numbers are dropping by the day, the number of lost jobs number in the thousands, and the amount of tax revenues lost to local jurisdictions and the state is in the millions. That's not to mention the patients who are losing safe access to their medicine.

It's unclear whether the impetus for the crackdown originated in the Dept. of Justice headquarters in Washington or with individual US Attorneys in the states. Advocates hope it will stay limited mainly to states that are not effectively regulating the industry, and a coalition in California has filed a ballot initiative for 2012 that would do just that. Either way there is plenty of pain ahead, for patients and for providers who took the president's and attorney general's earlier words on the subject at face value.

Synthetic Panic

Last year, Congress and state and local governments across the land set their sights on new synthetic drugs, especially synthetic cannabinoids ("fake marijuana") and a number of methcathinone derivatives ("bath salts") marketed for their stimulating effects similar to amphetamines or cocaine. Confronted with these new substances, politicians resorted to reflex prohibitionism, banning them as fast as they could.

Some 40 states and countless cities and counties have imposed bans on fake weed or bath salts or both, most of them acting this year.

At the federal level, the DEA enacted emergency bans on fake weed -- after first being temporarily blocked by retailers -- and then bath salts until Congress could act. It did so at the end of the year, passing the Synthetic Drug Control Act of 2011. The bill makes both sets of substances Schedule I drugs under the Controlled Substances Act, which will pose substantial impediments to researching them. Under the bill, prison sentences of up to 20 years could be imposed for the distribution of even small quantities of the new synthetics.

But the prohibitionists have a problem: Synthetic drug makers are responding to the bans by bringing new, slightly different formulations of their products to market. Prosecutors are finding their cases evaporating when the find the drugs seized are not the ones already criminalized, and retailers are eager to continue to profit from the sales of the new drugs. As always, the drug law enforcers are playing catch-up and the new drug-producing chemists are way ahead of them.

The Drug War on Autopilot: Arrests Hold Steady, But Prisoners Decline Slightly

overcrowded Mule Creek State Prison, CA
Last year saw more evidence that drug law enforcement has hit a plateau, as 2010 drug arrests held steady, but the number of prisoners and people under correctional supervision declined slightly.

More than 1.6 million people were arrested for drug offenses in the US in 2010, according to the FBI's Uniform Crime Report 2010, and more than half of them were for marijuana. That's a drug arrest every 19 seconds, 24 hours a day, every day last year. The numbers suggest that despite "no more war on drugs" rhetoric emanating from Washington, the drug war juggernaut is rolling along on cruise control.

Overall, 1,638,846 were arrested on drug charges in 2010, up very slightly from the 1,633,582 arrested in 2009. But while the number of drug arrests appears to be stabilizing, they are stabilizing at historically high levels. Overall drug arrests are up 8.3% from a decade ago.

Marijuana arrests last year stood at 853,838, down very slightly from 2009's 858,408. But for the second year in a row, pot busts accounted for more arrests than  all other drugs combined, constituting 52% of all drug arrests in 2010. Nearly eight million people have been arrested on pot charges since 2000.

The vast majority (88%) off marijuana arrests were for simple possession, with more than three-quarters of a million (750,591) busted in small-time arrests. Another 103,247 people were charged with sale or manufacture, a category that includes everything from massive marijuana smuggling operations to persons growing a single plant in their bedroom closets.

An analysis of the Uniform Crime Report data by the University of Maryland's Center for Substance Abuse Research added further substance to the notion that drug enforcement is flattening. The center found that the arrest rate for drug violations has decreased for the last four years, but still remains more than twice as high as rates in the early 1980s. The all-time peak was in 2006.

Meanwhile, the Bureau of Justice Statistics reported that for the first time since 1972, the US prison population in 2010 had fallen from the previous year and that for the second year in a row, the number of people under the supervision of adult correctional authorities had also declined.

In its report Prisoners in 2010, BJS reported that the overall US prison population at the end of 2010 was 1,605,127, a decrease of 9,228 prisoners or 0.6% from year end 2009. The number of state prisoners declined by 0.8% (10,881 prisoners), while the number of federal prisoners increased by 0.8% (1.653 prisoners). Drug offenders accounted for 18% of state prison populations in 2009, the last year for which that data is available. That's down from 22% in 2001. Violent offenders made up 53% of the state prison population, property offenders accounted for 19%, and public order or other offenders accounted for 9%.

In the federal prison population, drug offenders made up a whopping 51% of all prisoners, with public order offenders (mainly weapons and immigration violations) accounting for an additional 35%. Only about 10% of federal prisoners were doing time for violent offenses. Overall, somewhere between 350,000 and 400,000 people were doing prison time for drug offenses last year.

Similarly, in its report Correctional Population in the US 2010, BJS reported that the number of people under adult correctional supervision declined 1.3% last year, the second consecutive year of declines. The last two years are the only years to see this figure decline since 1980.

At the end of 2010, about 7.1 million people, or one in 33 adults, were either in prison or on probation or parole. About 1.4 million were in state prisons, 200,000 in federal prison, and 700,000 in jail, for a total imprisoned population of about 2.3 million. Nearly 4.9 million people were on probation or parole.

America's experiment with mass incarceration may have peaked, exhausted by its huge costs, but change is coming very slowly, and we are still the world's unchallenged leader in imprisoning our own citizens.

Federal Crack Prisoners Start Coming Home

Hundreds of federal crack cocaine prisoners began walking out prison in November, the first beneficiaries of a US Sentencing Commission decision to apply retroactive sentencing reductions to people already serving time on federal crack charges. As many as 1,800 federal crack prisoners were eligible for immediate release and up to 12,000 crack prisoners will be eligible for sentence reductions that will shorten their stays behind bars.

The releases come after Congress passed the Fair Sentencing Act in August 2010, which shrank the much criticized disparity between mandatory minimum sentences for crack and powder cocaine from 100:1 to 18:1. After Congress acted, the Sentencing Commission then moved to make those changes retroactive, resulting in the early releases beginning in November.

Despite the joyous reunions taking place across the country, the drug war juggernaut keeps on rolling, and there is much work remaining to be done. Not all prisoners who are eligible for sentence reductions are guaranteed to receive one, and retroactivity won't do anything to help people still beneath their mandatory minimum sentences. A bill with bipartisan support in Congress, H.R. 2316, the Fair Sentencing Clarification Act, would make Fair Sentencing Act changes to mandatory minimum sentences retroactive as well, so that crack offenders left behind by the act as is would gain its benefits.

And the Fair Sentencing Act itself, while an absolute advance from the 100:1 disparity embodied in the crack laws, still retains a scientifically unsupportable 18:1 disparity. For justice to obtain, legislation needs to advance that treats cocaine as cocaine, no matter the form it takes.

But even those sorts of reforms are reforms at the back end, after someone has already been investigated, arrested, prosecuted, and sentenced. Radical reform that will cut the air supply to the drug war incarceration complex requires changes on the front end.

Also in November, the US Supreme Court announced that it will decide whether the Fair Sentencing Act should be applied to those who were convicted, but not sentenced, before it came into effect -- the so-called "pipeline" cases. The decision to take up the issue came after lower courts split on the issue. The Supreme Court is expected to rule on the issue in June.

Drug Testing the Needy

drug testing lab
With state budgets strained by years of recession and slow recovery, lawmakers across the country are turning their sights on the poor and the needy. In at least 12 states, bills have been introduced that would require people seeking welfare or unemployment benefits to undergo drug testing and risk losing those benefits if they test positive. Some Republicans in the US Congress want to do the same thing. In a thirteenth state, Michigan, the state health department is leading the charge.

The race to drug test the needy appears to be based largely on anecdotal and apocryphal evidence. South Carolina Gov. Nikki Hailey (R), to take one example, cited reports that a nuclear installation there couldn't fill vacancies because half the applicants failed drug tests, but had to retract that statement because it was nowhere near to being true. In Florida, where welfare drug testing was briefly underway before being halted by a legal challenge, 96% of applicants passed drug tests, while in an Indiana unemployment drug testing program, only 2% failed.

While such legislation appeals to conservative values, it is having a tough time getting passed in most places, partly because of fears that such laws will be found unconstitutional. The federal courts have historically been reluctant to approve involuntary drug testing, allowing it only for certain law enforcement or public safety-related occupations and for some high school students. When Michigan tried to implement a welfare drug testing program more than a decade ago, a federal appeals court ruled that such a program violated welfare recipients' right to be free from unreasonable searches and seizures.

That ruling has served to restrain many lawmakers, but not Florida Gov. Rick Scott (R) and the Florida legislature. Scott issued an executive order to drug test state employees, but had to put that on hold in the face of threatened legal challenges. The state legislature passed and Scott signed a bill requiring welfare applicants and recipients to undergo drug testing or lose their benefits.

But the ACLU of Florida and the Florida Justice Institute filed suit in federal court to block that law on the grounds it violated the Fourth Amendment. In October, a federal judge granted a preliminary injunction preventing the state from implementing it. A final decision from that court and decisions about whether it will be appealed are eagerly awaited.

Marking 40 Years of Failed Drug War

Drug War 40th anniversary demo, San Francisco
June 17 marked forty years since President Richard Nixon, citing drug abuse as "public enemy No. 1," declared a "war on drugs." A trillion dollars and millions of ruined lives later, a political consensus is emerging that the war on drugs is a counterproductive failure. The Drug Policy Alliance led advocates all across the country in marking the auspicious date with a day of action to raise awareness about the catastrophic failure of drug prohibition and to call for an exit strategy from the failed war on drugs. More than 50 events on the anniversary generated hundreds of local and national stories.

In dozens of cities across the land, activists, drug war victims, and just plain folks gathered to commemorate the day of infamy and call for an end to that failed policy. Messages varied from city to city -- in California, demonstrators focused on prison spending during the budget crisis; in New Orleans, the emphasis was on racial injustice and harsh sentencing -- but the central overarching theme of the day, "No More Drug War!" was heard from sea to shining sea and all the way to Hawaii.

The crowds didn't compare to those who gather for massive marijuana legalization protests and festivals -- or protestivals -- such as the Seattle Hempfest, the Freedom Rally on Boston Commons, or the Ann Arbor Hash Bash, or even the crowds that gather for straightforward pot protests, such as 420 Day or the Global Marijuana March, but that's because the issues are tougher. People have to break a bit more profoundly with drug war orthodoxy to embrace completely ending the war on drugs than they do to support "soft" marijuana. That relatively small groups did so in cities across the land is just the beginning.

Congress Reinstates the Federal Ban on Funding Needle Exchanges

Two years ago, after years of advocacy by public health and harm reduction advocates, the longstanding ban on federal funding for needle exchanges was repealed. Last month, the ban was restored as the Senate took the final votes to approve the 2012 federal omnibus spending bill.

It was a Democratic-controlled House and Senate that rescinded the ban two years ago, and it was House Republicans who were responsible for reinstating it this year. Three separate appropriations bills contained language banning the use of federal funds, and House negotiators managed to get two of them into the omnibus bill passed Saturday.

A Labor-Health and Human Services appropriations bill including the ban on domestic use of federal funds for needle exchanges and a State Department bill including a ban on funding for needle exchange access in international programs both made it into the omnibus bill.

The Centers for Disease Control and Prevention (CDC), American Medical Association, National Academy of Sciences, American Public Health Association, and numerous other scientific bodies have found that syringe exchange programs are highly effective at preventing the spread of HIV/AIDS and other infectious diseases. Eight federal reports have found that increasing access to sterile syringes saves lives without increasing drug use.

Needle exchange supporters said restoring the ban will result in thousands of Americans contracting HIV/AIDS, hepatitis C or other infectious diseases next year alone.

US Drug War Deaths

As far as we know, nobody has ever tried to count the number of people killed in the US because of the war on drugs. We took a crack at it last year, counting only those deaths directly attributable to drug law enforcement activities. The toll was 54, including three law enforcement officers.

Most of those killed were shot by police, many of them while in possession of firearms (some in their own homes) and some of them while shooting at police. Some were shot in vehicles after police said they tried to run them down (why is it they never were merely trying to get away?). But not all died at the hands of police -- several died of drug overdoses from eating drugs while trying to evade arrest, several more died from choking on bags of drugs they swallowed, one man drowned after jumping into a river to avoid a pot bust, and another died after stepping in front of a speeding semi-trailer while being busted for meth.

People were killed in "routine traffic stops," SWAT-style raids, and undercover operations. Hardly any of those cases made more than a blip in local media, the two exceptions being the case of Jose Guerena, an Iraq war vet gunned down by an Arizona SWAT team as he responded to his wife's cry of intruders in his own home, and the case of Eurie Stamps Sr., a 68-year-old Massachusetts man accidentally shot and killed by a SWAT team member executing a warrant for small-time crack sales.

Our criteria were highly restrictive and absolutely undercount the number of people who are killed by our drug laws. They don't include, for instance, people who overdosed unnecessarily because they didn't know what they were taking or medical marijuana patients who die after being refused organ transplants. Nor do they include cases where people embittered by the drug laws go out in a blaze of glory that wasn't directly drug law-related or cases, like the four men killed last year by Miami SWAT officers during an undercover operation directed at drug house robbers.

The toll of 54 dead, then, is an absolute minimum figure, but it's a start. We will keep track again this year, and look for a report on last year's numbers in the coming weeks.

In Conclusion...

Last year had its ups and downs, its victories and defeats, but leaves drug reformers and their allies better placed than ever before to whack away at drug prohibition. This year, it looks like voters in Colorado and Washington will have a chance to legalize marijuana, and who know what else the new year will bring. At the least, we can look forward to the continuing erosion of last century's prohibitionist consensus.


 

The Top Ten International Drug Policy Stories of 2011 [FEATURE]

The new year is upon us and 2011 is now a year for the history books. But we can't let it go without recognizing the biggest global drug policy stories of the year. From the horrors of the Mexican drug wars to the growing clamor over the failures of prohibition, from the poppy fields of Afghanistan and the Golden Triangle to the coca fields of the Andes, from European parliaments to Iranian gallows, drug prohibition and its consequences were big news this year.

Of course, we can't cover it all. We have no room to note the the emergence of West Africa as a transshipment point for South American cocaine bound for Europe's booming user markets, nor the unavailability of opioid pain medications in much of the world; we've given short shrift to the horrors of "drug treatment" in Southeast Asia; and we've barely mentioned the rising popularity of synthetic stimulants in European club scenes, among other drug policy-related issues. We'll be keeping an eye on all of those, but in the meantime, here are our choices for this year's most important global drug policy stories:

The Mexican Drug Wars

militarized US-Mexico border
This month marks the fifth anniversary of Mexican President Felipe Calderon's declaration of war on his country's drug trafficking organizations -- the so-called cartels -- and five years in, his policy can only be described as a bloody disaster. The death toll stands at somewhere around 45,000 since Calderon sent in the army and the federal police, but that figure doesn't begin to describe the horror of the drug wars, with their gruesome brutality and exemplary violence.

Mexico's drug wars pit the army and the state and federal police against the cartels, the cartels against each other, and different factions of state, local, and federal police, and even different military commands, aligned with various cartels fighting each other in a multi-sided dance of death. All the violence and corruption has had a corrosive effect on Mexicans' perceptions of personal and public safety and security, as well as on its political system.

It has also tarnished the reputation of the Mexican military. After a two-year investigation, Human Rights Watch reported last month credible evidence that the security forces, led by the military, were responsible for 170 cases of torture, 39 disappearances and 24 extrajudicial killings in the five states they studied.

And, as the cartels battle each other, the military, and the various police, the violence that was once limited to a handful of border cities has spread to cities across the country. Once relatively peaceful Acapulco has been wracked by cartel violence, and this year, both Veracruz and Monterrey, cities once unaffected by the drug wars, have seen murderous acts of spectacular violence.

Meanwhile, business continues as usual, with drugs flowing north across the US border and voluminous amounts of cash and guns flowing south. Calderon's drug war, which has racked up a $43 billion bill so far (and an additional nearly one billion in US Plan Merida aid), has managed to kill or capture dozens of cartel capos, but has had no discernable impact on the provision of drugs across the border to feed America's voracious appetite. Worse, the attempted crackdown on the cartels has led them to expand their operations to neighboring Central American countries where the state is even weaker than in Mexico. Both Guatemala and Honduras have seen significant acts of violence attributed to the cartels this year, while El Salvador and Nicaragua also complain of the increasing presence of Mexican drug trafficking organizations.

There are, however, a couple of positives to report. First, the carnage may have peaked, or at least reached a plateau. It now appears that the 2011 death toll this year, while tremendously high at around 12,000, didl not exceed last year's 15,000. That would mark the first downturn in the killing since Calderon called out the troops.

Second, the bloody failure of Calderon's drug war is energizing domestic Mexican as well as international calls to end drug prohibition. A strong civil society movement against the drug war and violence has emerged in Mexico and, sadly, the sorrow of Mexico is now Exhibit #1 for critics of drug prohibition around the world.

Afghanistan: Still the World's Drug Crop Capital

anti-opium abuse posters at a drug treatment center in Kabul (photo by the author)
A decade after the US invaded Afghanistan in a bid to decapitate Al Qaeda and punish the Taliban, the US and NATO occupation drags bloodily on, even as it begins to wind down. And Afghanistan's status as the world's number one opium poppy producer remains unchallenged. In a Faustian bargain, the West has found itself forced to accept widespread opium production as the price of keeping the peasantry out of Taliban ranks while at the same time acknowledging that the profits from the poppies end up as shiny new weapons used to kill Western soldiers and their Afghan allies.

The Afghan poppy crop was down in 2010, not because of successful eradication programs, but because a fungus blighted much of the crop. In 2011, the UN Office on Drugs and Crime reported that the area under poppy cultivation increased 7%, but that the expected harvest increased 61% because of better yields and would produce about 5,800 metric tons of opium.

The 2010 blight-related poppy shortage led to price increases, which encouraged farmers to plant more poppy and more than doubled the farm-gate value of the crop from $605 million to more than $1.4 billion. Additional hundreds of millions go to traders and traffickers, some linked to the Taliban, others linked to government officials. Last year, US and NATO forces embarked on counter-drug operations aimed at traders and traffickers, but only those linked to the Taliban.

And it's not just opium. According to the UNODC World Drug Report 2011, Afghanistan is also "among the significant cannabis resin producing countries," producing somewhere between 1,500 and 3,500 metric tons of hash in 2010, with no reason to think it has changed dramatically in 2011. That brings in somewhere between $85 million and $265 million at the farm gate.

A decade after the US invasion, Afghanistan remains the world's largest opium producer by far and possibly the world's largest cannabis producer. Given the crucial role these drug crops play in the Afghan economy, there is little reason to think anything is going to change anytime soon.

The Return of the Golden Triangle

In 2010's roundup of major international drug stories, we mentioned the reemergence of opium production in Southeast Asia's Golden Triangle. In 2011, production has accelerated. According to the UNODC's Southeast Asia Opium Survey 2011, opium production has been increasing since 2006, but jumped 16% last year.

The region produced an estimated 638 metric tons this year, of which 91% came from Myanmar, with Laos and Thailand producing the rest. The region is now responsible for about 12% of annual global opium production.

The amount of land under poppy cultivation is still only one-third of what it was at its 1998 peak, but has more than doubled from its low point of 20,000 hectares in 2006. More importantly, estimated total production has rebounded and is now nearly half of what it was in 1998. The UNODC points a finger at chronic food insecurity, weak national governments, and the involvement of government actors, especially in Myanmar.

If Afghanistan does not produce enough opium to satisfy global illicit demand, the countries on the Golden Triangle are standing in the wings, ready to make up the difference.

The Rising Clamor for Legalization

former Mexican president Vicente Fox speaking at the Cato Institute
2011 saw calls for ending drug prohibition growing ever louder and coming from ever more corners of the world. Throughout the year, Latin American leaders, such as Colombian President Juan Manuel Santos and former Mexican President Vicente Fox, have called repeatedly for drug legalization, or at least a serious discussion of it. Although the specifics of their remarks shift over time -- sometimes it's a call for drug legalization, sometimes for marijuana legalization, sometimes for decriminalization -- leaders like Fox and Santos are issuing a clarion call for fundamental change in global drug policies.

That such calls should come from leaders in Colombia and Mexico is no surprise -- those are two of the countries most ravaged by drug prohibition and the violence it fuels. By the fall, even current Mexican President Felipe Calderon, who unleashed Mexico's drug war five years ago, was starting to join the chorus. In an October interview with Time magazine, Calderon said he could never win in Mexico if Americans don't reduce demand or "reduce at least the profits coming from the black market for drugs." While he was unwilling to take the final step and embrace ending prohibition, he added that "I want to see a serious analysis of the alternatives, and one alternative is to explore the different legal regimes about drugs."

But the biggest news in the international battle to end drug prohibition came at mid-year, when the Global Commission on Drug Policy, a star-studded panel of former presidents and prime ministers, public intellectuals, and business magnates, called the global war on drugs "a failure" and urged governments worldwide to should shift from repressive, law-enforcement centered policies to new ways of legalizing and regulating drugs, especially marijuana, as a means of reducing harm to individuals and society, in a report that drew press attention from around the world.

The commission, heavily salted with Latin American luminaries, grew out of the previous year's Latin American Initiative on Drug Policy and includes some of the same members, including former Brazilian President Henry Cardoso and former Mexican President Ernesto Zedillo. It is paired with the UK-based Beckley Foundation's Global Initiative for Drug Policy Reform, which launched in November and is eyeing changes in the legal backbone of international drug prohibition, the UN 1961 Single Convention on Narcotic Drugs and its successor treaties. The global commission also picked up strong support from an organization of Latin American judicial figures, Latin Judges on Drugs and Human Rights, which echoed the commission's call with its own Rome Declaration.

European Reforms

wall paintings near the entrance to Christiania, Copenhagen (wikipedia.org)
Drug reform continued its achingly slow progress in Europe in 2011, with a handful of real advances, as well as a number of parties in various countries taking strong drug reform stands. But while Europe has largely embraced harm reduction and seen the positive results of Portugal's decade-long experiment with drug decriminalization, getting to the take level -- ending drug prohibition -- remains elusive.

In March, Scotland's Liberal Democrats voted to making campaigning for heroin maintenance treatment part of their party platform. Heroin users should not be fined or imprisoned, but should be given the drug through the National Health Service, party members agreed.

In September, their more powerful brethren, the British Liberal Democrats, who are junior partners with the Conservatives in the governing coalition, did them one better by adopting a resolution supporting the decriminalization of drug possession and the regulated distribution of marijuana and calling for an "impact assessment" of the 1971 Misuse of Drugs Act that would provide a venue for considering decriminalization and controlled marijuana sales. That is going to lead to debate in parliament on the issue next year.

In August, the Greek government proposed drug decriminalization in a bill sent to parliament by Justice Minister Miltadis Papioannou. Under the proposed bill, drug possession for personal use would qualify only as "misconduct" instead of a more serious criminal offense. The bill would also guarantee the right to drug treatment, including for people currently imprisoned. People deemed "addict offenders" by the courts would be provided treatment instead of being jailed. But given the other pressing matters before the Greek government, the bill has yet to move.

Probably the most significant actual drug reform achievement in Europe in 2011 was Poland's passage of a law that allows prosecutors to divert drug users into treatment instead of prison. That law went into effect in December. The new law lets prosecutors bypass the courts in a "treat, not punish" approach to drug use when confronted with people arrested in possession of small amounts of drugs. A person arrested with personal use quantities of drugs can now be immediately referred to a therapist, and prosecutors are compelled to gather information on the extent of the person's drug problem. Still, there is an appetite for more reform; a political party that wants legalize soft drugs won 10% of the vote in the October presidential elections.

There has been some movement on marijuana and hints of more to come, as well in 2011. In an otherwise dismal year for weed in the Netherlands (see below), the Dutch high court ruled in April that anyone can grow up to five pot plants without facing criminal charges, no matter how big the harvest. The ruling came after prosecutors went after two different people who produced large multi-pound yields from a handful of plants, arguing that such harvests violated the Dutch five-gram rule. The court disagreed, but said that the pot would have to be turned over to police if they came to the door.

In June, Italy's top court ruled that balcony pot grows are okay, finding that the amounts of pot produced in such grows "could cause no harm." It's a small advance on earlier court rulings, and a step in the right direction.

And then there are moves that are pushing the envelope. Last month, the Copenhagen city council voted to explore how best to legalize and regulate pot sales. The move has the support of the mayor, but has to be approved by the Danish parliament, which has balked at such measures before. Maybe this time will be different. And raising the ante, the Basque parliament is set to approve a new drug law that will regulate marijuana cultivation, distribution, and consumption. The move is being propelled by the health ministry in the autonomous region of Spain, and would be a direct challenge to the UN conventions' ban on legalization.

Medical Marijuana's Slowly Growing Global Acceptance

It comes by dribs and drabs, but it comes.

In Israel, the Cabinet approved guidelines in August that will govern the supply of marijuana for medical and research purposes. In so doing, it explicitly agreed that marijuana does indeed have medical uses. The move came on the heels of a Health Ministry decision the week before  to deal with supply problems by setting up a unit within the department to grow medical marijuana. That unit will begin operating in January 2012. Currently, medical marijuana is supplied by private Israeli growers, but with the number of medical marijuana patients expected to rise from the current 6,000 to 40,000 by 2016, the state is stepping in to help out with supply.

In the Czech Republic, the Ministry of Health said in September it plans to remove marijuana from its list of proscribed substances and allow it to be prescribed by doctors. The ministry said it would move to amend Czech drug laws by the end of the year to allow for the prescription of marijuana by doctors, although we haven't seen that actually happen yet. The ministry must also determine what sort of distribution system to set up. The Israeli model, where the state is licensing medical marijuana farms, is one oft-cited system.

In New Zealand, medical marijuana was on the agenda of the New Zealand Law Commission when it issued a report in May reviewing the country's drug laws. In addition to other drug reform measures, the commission called for clinical trials on medical marijuana "as soon as practicable" and said medical marijuana patients should not be arrested in the meantime. "Given the strong belief of those who already use cannabis for medicinal purposes that it is an effective form of pain relief with fewer harmful side effects than other legally available drugs, we think that the proper moral position is to promote clinical trials as soon as practicable. We recommend that the government consider doing this." The government there does not appear to be eager to follow those recommendations, but the commission report is laying the groundwork for progress.

In Canada, which has an existing medical marijuana program, the news is more mixed. Health Canada is in the process of adopting a "more traditional regulatory role" for the medical marijuana "marketplace, and envisions privatized medical marijuana provision by licensed and strictly regulated grower. That doesn't sit well with a lot of patients and activists because it means Health Canada wants to eliminate patients' ability to grow their own. Nor were patients particularly impressed with Health Canada's earlier attempt to provide privately produced and licensed medical marijuana. Without outright legalization of marijuana being more popular than the Conservative government, Canada may eventually get around to solving its medical marijuana problem by just legalizing it all.

Iran's Drug War Execution Frenzy

drug burn marking International Anti-Drugs Day, Tehran
Iran has garnered itself a well-deserved reputation as one of the world's leading practitioners of the death penalty, but 2011 saw an absolute explosion of death sentences and executions -- the vast majority of them for drug offenses. At the end of January, we reported that Iran had already executed 56 drug offenders for offenses involving more than five kilograms of opium or 30 grams of heroin. As if that weren't enough, in February, the Islamic Republic made trafficking in synthetic drugs, including meth, a capital offense. More than 50 grams (less than two ounces) of meth could bring the death penalty, but only on a second offense.

At the end of May, by which time the execution toll for drug offenses had risen to 126, Iran announced it had 300 drug offenders on death row and lashed out at Western critics, saying if the West was unhappy with the killings, Iran could simply quit enforcing its drug laws.

"The number of executions in Iran is high because 74% of those executed are traffickers in large quantities of opium from Afghanistan bound for European markets," said Mohammad Javad Larijani, head of Iran's Supreme Council for Human Rights, during a press conference that month. "There is an easy way for Iran and that is to close our eyes so drug traffickers can just pass through Iran to anywhere they want to go," he said."The number of executions in Iran would drop 74%. That would be very good for our reputation."

In a December report, Amnesty International condemned Iran's drug executions, saying the Islamic Republic has embarked on "a killing spree of staggering proportions." The London-based human rights group said "at least 488 people have been executed for alleged drug offenses so far in 2011, a nearly threefold increase on the 2009 figures, when Amnesty International recorded at least 166 executions for similar offenses."

"To try to contain their immense drug problem, the Iranian authorities have carried out a killing spree of staggering proportions, when there is no evidence that execution prevents drug smuggling any more effectively than imprisonment," said Amnesty's Interim Middle East and North Africa deputy director, Ann Harrison. "Drug offenses go much of the way to accounting for the steep rise in executions we have seen in the last 18 months," Harrison said.

Amnesty said it began to receive credible reports of a new wave of drug executions in the middle of 2010, including reports of mass executions at Vakilabad Prison in Mashhad, with one, on August 4, 2010, involving at least 89 people. While Iran officially acknowledged 253 executions in 2010, of which 172 were for drug offenses, Amnesty said it has credible reports of another 300 executions, "the vast majority believed to be for drug-related offenses."

"Ultimately, Iran must abolish the death penalty for all crimes, but stopping the practice of executing drug offenders, which violates international law, would as a first step cut the overall number significantly," said Harrison.

Amnesty also accused Iran of executing people without trial, extracting confessions by torture, failing to notify families -- or sometimes, even inmates -- of impending executions, and mainly executing the poor, members of minority groups, or foreigners, including large numbers of Afghans.

Amnesty noted tartly that Iran receives significant international support in its war on drugs. The UN Office on Drugs and Crime has provided $22 million since 2005 to support training for Iranian anti-drug forces, while the European Union is providing $12.3 million for an Iran-based project to strengthen regional anti-drug cooperation. Belgium, Denmark, France, Germany, Ireland, and Japan have all provided anti-drug assistance to Iran via UNODC programs.

"All countries and international organizations helping the Iranian authorities arrest more people for alleged drugs offenses need to take a long hard look at the potential impact of that assistance and what they could do to stop this surge of executions," said Harrison. "They cannot simply look the other way while hundreds of impoverished people are killed each year without fair trials, many only learning their fates a few hours before their deaths."

Iran may be the most egregious offender when it comes to killing drug offenders, but it is by no means the only one. Other countries that not only have the death penalty for drug offenses but actually apply it include China, Malaysia, Saudi Arabia, Singapore, and Vietnam. Human rights activists argue that the death penalty for drug offenses violates the UN Charter. For information on ongoing efforts to curtail the use of the death penalty for drug offenses, visit the International Harm Reduction Association's Death Penalty Project.

In a bit of good news on the death penalty front, in June, India's Bombay High Court struck down a mandatory death penalty for some drug offenses.The regional high court is the equivalent of a US district court of appeals.

"This is a positive development, which signals that courts have also started to recognize principles of harm reduction and human rights in relation to drugs. It is not utopia, but it is a giant step," said Indian Harm Reduction Network head Luke Samson.

"The Court has upheld at the domestic level what has been emphasized for years by international human rights bodies -- capital drug laws that take away judicial discretion are a violation of the rule of law," said Rick Lines, executive director of Harm Reduction International (formerly the International Harm Reduction Association) and author of The Death Penalty for Drug Offenses: A Violation of International Human Rights Law"India's justice system has affirmed that it is entirely unacceptable for such a penalty to be mandatory. This will set a positive precedent for judicial authorities in the region, which is rife with draconian drug laws."

Weekly updates on executions worldwide including for drug offenses are available from the Rome-based group Hands Off Cain.

The Netherlands Will Bar Foreigners from its Cannabis Cafes... and More

a coffee shop in Amsterdam (wikimedia.org)
The Netherlands' conservative coalition government of Prime Minister Mark Rutte continued and deepened its effort to undo Holland's reputation as a marijuana haven and drug tourism destination last year. Plans to ban foreigners from Dutch cannabis cafes reached fruition in 2011, with the Dutch Justice Ministry saying in November that foreigners would be barred from southern border coffee shops effective January 1. A month later, the government announced that plan would be delayed until May, and would go into effect nationwide beginning in 2013. Goodbye, tourist dollars.

But it's not just clamping down on foreigners. The number of coffee shops operating in the country has dropped by about half from its peak, with local governments putting the squeeze on them via measures such as distance restrictions (must be so far from a school, etc.). Now, the national government will be limiting their client base to 2,000 card carrying Dutch nationals each.

The national government also rather bizarrely declared in October that it wanted to declare high-potency marijuana a dangerous drug like cocaine or heroin and ban its possession or sale. That hasn't happened yet, but unless the Dutch get around to electing a more progressive government, the Christian Democrats and their allies will continue to work to undo the country's progressive pot policy reputation, not to mention its tourism industry..

North America's Only Supervised Injection Site Gets a Reprieve

Ending a years' long effort by the Conservative government of Prime Minister Steven Harper to close Insite, the Vancouver supervised injection site for hard drug users, the Supreme Court of Canada ruled unanimously in September that it should be allowed to stay open.

The Harper government, a foe of harm reduction practices in general and safe inection sites in particular, had argued that the federal drug law took precedence over British Columbia's public health policies. British Columbia and other Insite supporters argued that because Insite is providing a form of health care, its operation is a provincial matter. The federal government's concerns did not outweigh the benefits of Insite, the court said.

"The grave consequences that might result from a lapse in the current constitutional exemption for Insite cannot be ignored," the court said. "Insite has been proven to save lives with no discernible negative impact on the public safety and health objectives of Canada."

Insite has been the only supervised injection site on the North American continent, but in the wake of that ruling, that may not be the case for long. In the wake of the September ruling, Montreal announced plans for four safe injection sites in December. It's not a done deal -- it will require financing from provincial health agencies -- but plans are moving forward. And there are distant rumblings of plans for an effort to get a supervised injection site running in San Francisco, which would be a first for the US, but don't hold your breath on that one.

If the Harper government has been defeated in its effort to kill supervised injection sites, it is moving forward with plans to pass an omnibus crime bill that includes mandatory minimum sentences for some drug offenses, including growing as few as six pot plants. With an absolute majority in a parliamentary system, there seems to be no way to block the bill's passage, which will mean a real step backward for our northern neighbor as it emulates some of our worst penal practices.

Bolivia Challenges the Global Coca Ban

coca leaves drying in warehouse, Ayacucho province (photo by the author)
At the end of June, the Bolivian government of former coca-grower union leader Evo Morales announced it was resigning from the UN 1961 Single Convention on Narcotic Drugs because that treaty bans the cultivation of coca. The resignation is effective January 1. The move came after a failed effort last year by Bolivia to amend the treaty to allow for coca cultivation, a traditional activity in the Andes, where the plant has been used as a mild stimulant and hunger suppresser for millennia.

"This is an attempt to keep the cultural and inoffensive practice of coca chewing and to respect human rights, but not just of indigenous people, because this is an ancient practice of all Bolivian people," Foreign Minister David Choquehuanca told the British newspaper The Guardian at the time.

Bolivia will rejoin the convention sometime during the new year, but with the reservation that it does not accept the language proscribing the coca plant.

That move has aroused the concern of the International Narcotics Control Board, which issued a statement saying the international community should reject moves by any country to quit the treaty and return with reservations doing so "would undermine the integrity of the global drug control system."

Of course, there are many people aside from Evo Morales who believe the global drug control system lacks any integrity whatsoever. For those people, the actions of Bolivia represent the first serious effort to begin to undo the legal backbone of the global prohibition system.

Morales himself said last month
that he believes Bolivia will succeed next year. "I am convinced that next year we will win this international 'fight' for the recognition of chewing coca leaves as a tradition of peoples in Latin America, living in the Andes," he  said in an interview with the Bolivian radio station Patria Nueva.

In ending...

Global drug prohibition is under sustained, systemic, and well-deserved attack. It is being attacked (finally) in its core treaties and institutions, it is under ever broader political attack from around the planet; its central precepts are increasingly tattered. Ever year the clamor grows louder in the face of prohibition's screaming failure to accomplish its given ends and the terrible costs it generates. The process of chipping away at drug prohibition is under way. The prohibitionist consensus is crumbling; now comes the struggle to finally kill the beast and replace it with a more sensible, compassionate, and smarter approach to mind-altering substances.

New Study Finds Traffic Fatalities Decline with Medical Marijuana Laws [FEATURE]

A study released this week has found legalizing medical marijuana has resulted in a nearly 9% decline in traffic deaths and a 5% reduction in beer sales in states that allow it. The study is the first ever to examine the relationship between medical marijuana and traffic fatalities.

Reduces nausea, spasms -- and traffic accidents? (image courtesy Laurie Avocado via wikimedia.org)
The study, Medical Marijuana Laws, Traffic Fatalities, and Alcohol Consumption, could be an important intervention in ongoing debates over medical marijuana and marijuana legalization, reformers said. Opponents of loosened marijuana laws use concerns over drugged driving and possible traffic fatalities as one of their most effective arguments against liberalization, and this study could lessen the effectiveness of that argument.

"Our research suggests that the legalization of medical marijuana reduces traffic fatalities through reducing alcohol consumption by young adults," said Daniel Rees, professor of economics at the University of Colorado Denver, who coauthored the study with D. Mark Anderson, assistant professor of economics at Montana State University.

The economists analyzed traffic fatalities nationwide, including 13 states that legalized medical marijuana between 1990 and 2009. In those states, they found evidence that alcohol consumption by 20-29-year-olds went down, resulting in fewer deaths on the road. The researchers collected data from a variety of sources including the National Survey on Drug Use and Health, the Behavioral Risk Factor Surveillance System, and the Fatality Analysis Reporting System.

"We were astounded by how little is known about the effects of legalizing medical marijuana," Rees said. "We looked into traffic fatalities because there is good data, and the data allow us to test whether alcohol was a factor."

Anderson noted that traffic deaths are significant from a policy standpoint. "Traffic fatalities are an important outcome from a policy perspective because they represent the leading cause of death among Americans ages five to 34," he said.

According to a recent report by the Centers for Disease Control, alcohol-impaired driving accounted for fully one-third of the 10,839 traffic fatalities in 2009. If the 9% reduction in fatalities reported by the researchers in medical marijuana states were applied nationwide, easy availability of marijuana could result in about 1,000 fewer traffic deaths a year.

Anderson and Rees noted that simulator studies conducted by other researchers showed that drivers under the influence of marijuana tend to avoid risks, while those under the influence of alcohol underestimate their degree of impairment, drive faster, and take more risks. But they cautioned that traffic deaths may have declined not because driving while high is safer than driving while drunk, but because medical marijuana is typically used in private, while alcohol is often consumed at bars and restaurants.

"I think this is a very timely study given all the medical marijuana laws being passed or under consideration," Anderson said. "These policies have not been research-based thus far and our research shows some of the social effects of these laws. Our results suggest a direct link between marijuana and alcohol consumption."

"Although we make no policy recommendations, it certainly appears as though medical marijuana laws are making our highways safer," Rees said.

Marijuana reform advocates who have studiously compared alcohol and marijuana liked what they heard.

"Every objective study on marijuana has concluded that it is far safer than alcohol for the user and society," said Mason Tvert, executive director of Safer Alternative For Enjoyable Recreation (SAFER) and coauthor of the book, Marijuana is Safer: So why are we driving people to drink? "It should come as little surprise that when we allow adults to make the safer choice to use marijuana it results in less drinking and fewer alcohol-related problems."

Tvert coordinated the successful ballot initiatives in Denver that made it the first city in the nation to remove all penalties for adult possession (2005), and designated possession as its lowest law enforcement priority (2007).  He is currently one of two formal proponents of a 2012 statewide initiative campaign to make marijuana legal in Colorado and regulate it like alcohol.

"This is far from conclusive, but the study definitely shows a clear correlation between medical marijuana laws and decreased traffic fatalities," said Morgan Fox, communications manager for the Marijuana Policy Project. "The important thing is that is concurrent with a decrease in alcohol consumption."

"When these laws get passed, traffic fatalities go down, and that's important because fear of increased traffic fatalities is one of the biggest arrows in the quiver of foes," Fox noted. "This is going to make it easier for us to win that argument."

The argument could be applied not only to medical marijuana, but also to marijuana legalization in general, Fox said. "You certainly could make the argument that allowing it for recreational use instead of just medical would decrease the amount of alcohol consumed and reduce traffic fatalities," he said.

"If allowing the legal use of marijuana for medical purposes reduces alcohol consumption and traffic deaths, making it legal for personal use could reduce it dramatically," Tvert agreed. "It's time for our government to stop driving people to drink -- and drink and drive -- and start allowing them to make the rational, safer choice to use marijuana, if that is what they prefer."

Drug Reform Ally Barney Frank Retiring from Congress

Advocates of drug policy reform are losing a key ally on Capitol Hill. Rep. Barney Frank (D-MA) announced Monday that he will not seek reelection and will retire at the end of this term in January 2013.

Barney Frank at press conference calling for repeal of a law that denies financial aid to students because of drug convictions
Frank, 71, has served in Congress for 30 years and is now the ranking minority member of the House Financial Services Committee. The openly gay congressman has been a liberal stalwart throughout his tenure on the Hill and among the strongest congressional advocates of drug policy reform.

Beginning in 2001, Frank repeatedly introduced bills that would block the government from intervening in states with medical marijuana laws, and since 2008, he has introduced bills that would decriminalize marijuana possession. This year, he teamed up with libertarian Republican Rep. Ron Paul (R-TX) to introduce the Ending Federal Marijuana Prohibition Act. That bill currently has 19 cosponsors.

Frank was also the lead sponsor of the "Removing Impediments to Students' Education" act to repeal a provision added to the Higher Education Act in 1998 that delays or denies federal financial aid to students because of drug convictions. The law was scaled back in 2006 to apply just to offenses committed while one is in college and receiving aid, and in 2009 the House of Representatives passed language as part of a student aid funding bill that would have limited it further to just sales convictions. (The section of the 2009 bill containing that language was stripped as part of Democrats' strategy to pass health care reform, in which the health care reform and education bills were combined.)

In 1994 Frank was one of four members of Congress, a Democrat and Republican from both the House and Senate, who advanced "safety valve" legislation to allow judges to exempt first-time drug offenders from five- and ten-year mandatory minimum sentences under specified circumstances.

None of his marijuana law reform bills have come close to passage, but Frank gets big kudos from the reform community for his tireless efforts. His sponsorship of marijuana reform legislation has helped change the conversation in Congress, a process he admitted in a 2009 interview with Esquire is still far from complete.

"Announcing that the government should mind its own business on marijuana is really not that hard," he said. "There's not a lot of complexity here. We should stop treating people as criminals because they smoke marijuana. The problem is the political will. This is a case where there's cultural lag on the part of my colleagues. If you ask them privately, they don't think it's a terrible thing. But they're afraid of being portrayed as soft on drugs."

Frank's bold and straightforward stance has helped begin to change that, but with his impending retirement, marijuana and larger drug policy reform will lose a champion in Congress. His seat may remain Democratic, but there are few Democrats who have been as good as Barney Frank when it comes to trying to end the drug war.

Washington, DC
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Video: Former Drug Czar Gets Destroyed in Legalization Debate

This recent debate between former Drug Czar John Walters and blogger/author Glenn Greenwald is worth watching in its entirety.

Since 98% of Greenwald’s writing isn’t even about drug policy, it’s easy to forget what a powerful advocate for reform he really is. His opening statement is impressive and couldn’t easily be improved upon. Walters is terribly boring and dispassionate by comparison, aside from being completely wrong about everything.

Many of us, particularly Pete Guither, have salivated for years at the thought of standing onstage across from Walters and taking him apart as Greenwald does here. It’s a rare and interesting event, but it also serves to illustrate something I’ve struggled at times to explain to enthusiastic young reform activists: our opponents don’t vanish in a puff of smoke when you beat them in a debate. They don’t break down like Michael Douglas in Traffic, and proceed to rebuke everything they stood for the day before. It’s not that easy.

Still, there was a time in the very recent past when someone with John Walters’ towering drug war credentials would never even entertain the idea that another approach existed. That he must now take the stage in defense of his own legacy is an interesting thing to see, even if every word out of his mouth is what we expected to hear.

In so many ways, not even George Soros has done more to devastate the popularity of prohibition in America than former Drug Czar John Walters. Any time this man wants a microphone in front of his face, we’ll do well to make damn sure he gets it. 

Dominican Presidential Candidate Says Legalize Drugs

A Dominican presidential candidate who is also a prominent government official and head of one of the parties that make up the current government said Monday he favors drug legalization. Luis Acosta Moreta, nicknamed "El Gallo," told the program Propuesta on Channel 45 Monday that drug prohibition creates corruption and social decay.

Luis "El Gallo" Acosta Moreta (udc.org.do)
Acosta Moreta is the director of the Dominican Republic's Community Development Agency. He is also the head and presidential candidate of the Christian Democratic Union, one of the minor parties in the governing "Progressive Bloc" dominated by President Leonel Fernandez and his Dominican Liberation Party. Elections are set for next May.

The government attacks the effects of drug trafficking, but not its causes, Acosta Moreta said, adding that neglect of the poor left them vulnerable to the blandishments of traffickers. Those same traffickers fund cultural and sports activities in the barrios, he said.

The corruption that comes with drug prohibition infects the police, too, he said. "It's there where this social decomposition begins in which you hear a police corporal speaking of mansions and SUVs, because that's what we're living through, for which I totally agree that drugs should be legalized," Acosta Moreta proclaimed.

In its most recent annual report on the global drug trade, the State Department's Bureau of International Narcotics and Law Enforcement Affairs described the Dominican Republic as "a major transit country for illicit drugs originating in South America" and one where drug-related law enforcement corruption is "endemic."

As they confront the consequences of drug prohibition, the list of Latin American politicians embracing radical drug policy reform just keeps on growing.

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Simultaneous Worldwide Drug Legalization, Anyone?

Colombian president Juan Manuel Santos has some interesting ideas about international drug policy.  

Do you think legalizing softer drugs could be a way forward?

Yes, that could be an answer, provided everyone does it at the same time.

Is that something you would support?

If the entire world does it, yes.

But somebody has to take the first steps?

Yes, and it won’t be me.

Why?

Because for Colombia, this is a matter of national security. Drug trafficking is what finances the violence and the irregular groups in our country. I would be crucified if I took the first step. We need to insist on more multinational actions on drug trafficking and innovate the ways we are dealing with it. [Metro]

So…either the president of Colombia is dangerously insane, or there are actually some pretty enormous problems with the way drug use is dealt with around the world. His candor is impressive considering the unbelievable amount of effort it takes to get our president to talk about drug policy for even 30 seconds. 

The Feds Can't Stop Medical Marijuana, CA Activists Say [FEATURE]

The ongoing federal offensive against medical marijuana production and distribution in California is weighing ominously over the state's billion-dollar-a-year medical marijuana business, but while the industry could take some casualties, patients could suffer, and the battle field could get ugly, the feds can't stop it, a trio of well-placed activist observers said this week.

medical marijuana protest, 2006 (photo courtesy ASA)
Despite the Obama administration's famous 2009 Justice Department memo saying it would not interfere with operations complying with state laws in states where it is legal, the federal government has been raiding medical marijuana operations at a pace faster than the Bush administration. This year, the administration has become evidently more hostile, with a range of federal agencies doing what they can to make life difficult.

The Treasury Department has been scaring financial institutions away from dealing with medical marijuana businesses, the IRS is exercising punitive tax policy decisions designed to run them out of business, and even the Bureau of Alcohol, Tobacco & Firearms has gotten into the act, warning gun dealers that medical marijuana patients are "addicts" who can't legally purchase weapons.

Tax liens and banking hassles are one thing, but being confronted by paramilitarized DEA raiders, threatened with having properties seized, or being faced with lengthy federal prison sentences is a whole other category of hurt. And that's what really has California's medical marijuana community up in arms. Between threatening news conferences by federal prosecutors, dozens of warning letters to landlords going out, and a steady drumbeat of DEA raids, medical marijuana patients and providers are scared -- and angry.

"I haven't seen people so outraged since the days of WAMM and the Ed Rosenthal raids," said long-time California NORML head Dale Gieringer. "I'm hearing life-long Democrats say they can't vote for this -- unless Obama does something, he's going to lose a lot of support. I know people who gave a lot of money to his campaign last time who are sitting on their cash now."

That anger is taking to the streets, as well as the phone lines and the Internet. There will be a statewide protest at the federal courthouse in Sacramento as well as other federal courthouses on November 9, local demonstrations have already taken place in San Francisco and San Diego, with more scheduled around the state, and plans are in the work to protest President Obama when he visits San Francisco and Los Angeles next week.

"There's a lot going on," said Gieringer. "I can't keep track of it all."

Activists already held a White House call-in day on Tuesday, and Gieringer urged people to call their US representatives to urge them to support H.R. 1983, the States' Medical Marijuana Protection Act.

"That would solve this problem," he said. "We really need to focus on Congress, but we also need to try to get something from this administration."

Americans for Safe Access
(ASA), the country's largest medical marijuana advocacy group, is deeply involved in waging the counteroffensive. It has sent out email action alerts to members and is mobilizing on the ground and at the courthouse as well, said spokesman Kris Hermes.

"ASA and other stakeholders are holding protests throughout California," he said, "and we intend to continue to apply pressure through the federal courts. At some point soon, we will file an appeal on the federal rescheduling petition case, and we'll be going head to head with Obama on that issue. Because the Obama administration is drawing so much attention to this, something has to break. We hope it leads to a more sensible public health policy."

But despite the angst aroused by the intensifying federal campaign, and despite acknowledging the real suffering likely to result -- from patients being denied medicine to local governments denied revenues to otherwise law-abiding citizens being subjected to federal raids and prison -- advocates said the federal campaign was ultimately doomed to failure.

"It's a serious threat in the sense that it will have an impact on the number of dispensaries and growers across California, and that will translate into hundreds if not thousands of patients being denied their medication and forced into the illicit market," ASA's Hermes. "I don't think that's the intention, but it will certainly be the effect."

But, citing the Bush administration's 2007 threat letter campaign, when warning missives went out to more than 300 landlords, resulting in the closing of some dispensaries, Hermes said the feds were fighting a losing battle.

"They don't have the resources or capacity to follow through on their threats, so there will be an impact, but it will be temporary," Hermes said. "When Bush did it, dozens of dispensaries shut down, but now there are twice the number of dispensaries in the state that there were then. It will be difficult for the feds to have a lasting impact, which is not to say they're not trying. And they're mounting this campaign on the backs of taxpayers."

"We've been through this before," sighed Cal NORML's Gieringer, citing not only the Bush threat letter campaign, but also the 2002-2003 crackdown under then Attorney General John Ashcroft, and the 1998 Clinton administration lawsuit against the Oakland Cannabis Buyers' Co-op.

"Every time, we've seen some damage done and some retrenchment, but every time the industry has come back stronger than ever in a year or two. I'm not sanguine about it," he said, "just used to being outraged. The government has a bankrupt policy that it can't really enforce very effectively. A lot of good people could get sent to prison, but at the end of the day, they're just flailing around."

Richard Lee, founder of Oaksterdam University, owner of one of Oakland's dispensaries, and the man who put his personal fortune into last year's Proposition 19, has spent years looking over his shoulder for the feds. This is just another twitch of the dying dinosaur's tail, he said.

"We're always worried," Lee laughed mirthlessly. "But in the end, we'll win. There is too much for them to take out everybody. There will be sacrifices, people will be hurt, but now we have an army to fight back. In the long run, this just pushes us toward legalization."

Oakland also has a friendly city government and a history of pro-legalization voting, Lee pointed out in an oblique warning to the feds. "Here in Oakland, we passed Measure Z with 65% of the vote, and that made possession and sales by adults and patients the lowest law enforcement priority," Lee pointed out. "Right now, we have six or so Measure Z clubs open. If they shut down the dispensaries, there will be a lot more of them."

Not only did Oakland pass Measure Z, which directed city officials to lobby for complete legalization, Lee pointed out, it also overwhelmingly passed Proposition 19.

"We're well on record for complete legalization, and the city needs the tax money more than ever," he said. "This is an ongoing battle between local governments here and the feds, and tax dollars is part of this fight. Right now, it's got us the worst of both worlds -- prohibition and taxation -- but hopefully one day we'll get taxation with legalization. There's certainly an incentive for local governments."

Landlords may tremble, dispensaries may close, people may go to prison. Medical marijuana and pot legalization supporters will fight in the trenches, though, and they are confident time and the tides are on their side. But only time will tell if they are right.

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Mexico's Calderon Continues Shift Toward Drug Legalization Support

Felipe Calderón with George Bush (whitehouse.gov)
Via Drug WarRant, an interview in Time magazine with Mexican Pres. Felipe Calderón:

Is it true that you would like to see America legalize drugs?

I can hit the criminals, I can put them in jails, I can take control of their structures, I can rebuild the social fabric. But if Americans don't reduce the demand or don't reduce at least the profits coming from the black market for drugs, it will be impossible to solve this problem.

So the answer is yes?

I want to see a serious analysis of the alternatives, and one alternative is to explore the different legal regimes about drugs. Even in the U.S., you can see states in which marijuana is ... if that is not legal, I don't understand what legal means. No? Marijuana has some kind of "medical" use, for instance, no?

At 42,000+ drug war killings in Mexico since Pres. Calderón took office, he'd better be talking about legalization. Sooner would have been better than later. But we'll take it.

Good to see Time bringing this up too -- kudos to intellectually intrepid reporter Belinda Luscombe. The major media is finally breaking its longstanding mostly silence about the drug war as prohibition, and not just marijuana prohibition.

Drug War Issues

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