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Bipartisan New Mexico Bill Supports Fund for State Medical Marijuana Program

 

Drug Policy Alliance

www.drugpolicy.org

 

For Immediate Release:                            Contact: Emily Kaltenbach (505) 920-5256

February 3, 2012                                                             Tony Newman (646) 335-5384

 

In Rare Bi-partisan Move, State Legislators Back Fund to Support New Mexico Medical Marijuana Program

Senators Adair (R), Ortiz y Pino (D), and Ryan (R), join Senator McSorley (D) to sponsor Senate Bill 240

 

(Santa Fe) – Midway through the 2012 Legislative Session, a bill aimed at protecting thousands of sick New Mexicans' legal right to the most appropriate medication to relieve their symptoms and suffering has been introduced by Senator Cisco McSorley (D) and signed on by Senator Rod Adair (R), Senator Gerald Ortiz y Pino (D), and Senator John Ryan (R).  Senate Bill 240 creates a Medical Marijuana Fund sustained by the producer and patient production licensing fees currently being collected by the Department of Health.  The Department of Health will be able to use these funds to directly administer the program.

"This bill is an unusual partnership among conservatives and liberals for the advancement of policy efforts in New Mexico," said Emily Kaltenbach, Director of the Drug Policy Alliance’s New Mexico office. "Many of the best ideas defy political labels."

SB240 is one of those ideas.  Since the funding will come from existing fees, there is no added burden to the taxpayers and the additional resources will greatly strengthen the state's ability to fulfill its oversight and legal duties under the existing law (Lynn and Erin Compassionate Use Act) while continuing to provide safe access to safe medicine to patients who are suffering from serious illnesses.  

Yesterday, SB240 unanimously passed the Senate Conservation Committee and will be heard next in the Senate Finance Committee.

Out of the 16 states with medical marijuana laws, New Mexico was one of few states in which a majority of Republican legislators voted for the passage of the legislation. New Mexico passed its medical marijuana bill in early 2007 with overwhelming bi-partisan legislative support, including a Senate vote of 32 – 3.

Today, New Mexico's vital Medical Marijuana Program is serving over 5,000 patients diagnosed with serious illnesses such as cancer, multiple sclerosis, PTSD, spinal cord injury, Lou Gehrig’s disease, and epilepsy. 

A New Mexico Drug Policy Reform study found 79% of New Mexico voters support making medical marijuana available to seriously or terminally ill patients in order to reduce their pain and suffering.

Senate Bill 240’s bi-partisan sponsorship comes on the heels of a forum co-hosted by the Rio Grande Foundation and the Drug Policy Alliance in late 2011.  Last October, more than a dozen New Mexico legislators from both sides of the aisle joined about 70 others to explore their shared values and principles on a more rational public safety and health response to drug policy reform. 

The Drug Policy Alliance (DPA) is the nation's leading organization of people who believe the war on drugs is doing more harm than good. DPA fights for drug policies based on science, compassion, health and human rights. 

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Location: 
NM
United States

Medical Marijuana Patient Surrenders Today -- Pardon Sought from Gov. Christie

MEDIA ADVISORY
January 27, 2012

Medical Marijuana Patient Surrenders Today; Pardon Sought from Gov Christie

Somerville – Multiple sclerosis patient John Ray Wilson will appear at the Somerset County Courthouse today at 8:30AM. He is expected to be taken into custody to serve the reminder of a five-year prison term for growing seventeen cannabis plants. The NJ State Supreme Court refused to hear his latest appeal. He was convicted just before the New Jersey medical marijuana law was passed in 2010.

"John Ray Wilson exemplifies the fact the NJ has some of the most retroactive, ill-advised draconian marijuana laws in the country," said civil rights attorney William Buckman who represented Wilson in the appeal.

"The notion that taxpayers should pay to lock up a sick man for 5 years is ludicrous and tragic," said Buckman, "The governor should quickly commute his sentence."

Governor Chris Christie could intervene. State Senator Raymond Lesniak issued a press release yesterday also renewing that call: "I am disappointed by the recent decision of the Supreme Court to deny the appeal of John Ray Wilson. Mr. Wilson was not selling drugs on our streets. He was merely trying to alleviate the symptoms of a dreadfully painful and regressive disease. It is unconscionable that this Friday he will be behind bars."

The Coalition for Medical Marijuana New Jersey (CMMNJ) has been keeping up demonstrations in support of John since his original trial. The group plans to hold solidarity events for Wilson while he is in prison. A support rally is planned in front of the court house today.

John Wilson's case has symbolized the ongoing plight of New Jersey's medical cannabis patients.

For more information about this release, please contact Ken Wolski or Chris Goldstein.

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WHAT: Support rally for John Ray Wilson
WHERE: Somerset County Courthouse 40 N Bridge St, Somerville
WHEN: 1/27/2012 - - - 8:30AM ET

CMMNJ, a 501(c)(3) public charity, is a non-profit educational organization.
Coalition for Medical Marijuana--New Jersey, Inc. www.cmmnj.org
219 Woodside Ave., Trenton, NJ  08618

Location: 
North Bridge St.
Somerville, NJ 08876-1262
United States

NJ Supreme Court: 5 Years in Prison for MS Patient Growing Marijuana

 

FOR IMMEDIATE RELEASE

 

NJ Supreme Court: 5 Years in Prison for MS Patient Growing Marijuana

Family, senators and community seek pardon from Governor


Trenton, NJ – January 24, 2012 - Multiple sclerosis (MS) patient John Ray Wilson is preparing to resume his 5-year prison sentence after the state Supreme Court refused to hear his appeal on January 20. Attorney William Buckman called the result “wrongheaded and a vicious travesty.”

Wilson was arrested on August 18, 2008 and charged with “manufacturing” 17 marijuana plants that he used to treat his MS. Wilson faced 20 years in state prison for this crime.   

The jury was not allowed to hear details about Wilson's condition, essentially removing his only defense. In December 2009, Wilson was acquitted of the most serious charge but convicted of a second-degree charge of manufacturing marijuana. He was sentenced to five years in prison on March 19, 2010. Members of the community protested outside the courthouse in Somerville. 

On July 26, 2011, an appellate court ruling affirmed the conviction and sentencing. The court agreed with the trial judge there was no “personal use” exemption to the charge. They agreed that five years in prison for this crime was an appropriate sentence.

Governor Chris Christie ignored appeals from state Senators Nicholas Scutari and Raymond Lesniak seeking a pardon. The official pardon request to the Office of the Governor remains active.

 

“This is further proof that there is no justice for medical marijuana patients in New Jersey," said Ken Wolski, RN, executive director of the Coalition for Medical Marijuana New Jersey (CMMNJ).

MS is a qualifying condition for marijuana therapy in New Jersey according to the two-year-old Compassionate Use Act, but the state’s Medicinal Marijuana Program is not operational yet.

The National MS Society confirmed that standard therapies often provide inadequate relief for the symptoms of MS and that marijuana helps with MS symptoms such as pain and spasticity and could limit disease progression. An estimated 15% of people with the disease use marijuana for symptom relief.  

Chris Goldstein on the Board of Directors at CMMNJ said, "How many more seriously ill residents are we going to pay to send to prison? We call on Governor Chris Christie to demonstrate his compassion for qualifying medical marijuana patients and his commitment to a new stance on non-violent drug offenders by issuing a pardon for John Ray Wilson."

For more information about this release, please contact Ken Wolski (609) 394 2137 or Chris Goldstein (267) 702 3731.

CMMNJ, a 501(c)(3) public charity, is a non-profit educational organization.
Coalition for Medical Marijuana--New Jersey, Inc. www.cmmnj.org
219 Woodside Ave., Trenton, NJ  08618

Location: 
Trenton, NJ
United States

US Prison Population in First Decline Since 1972

In two reports released last week, the Bureau of Justice Statistics (BJS) announced that for the first time since 1972, the US prison population 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).

Fully half of the states reported decreased prison populations last year, with California (down 6,213) and Georgia (down 4,207) accounting for the biggest decline in absolute numbers. Rhode Island (down 8.6%) and Georgia (down 7.9%) accounted for the largest percentage decreases.

For the first time since BJS started keeping jurisdictional data in 1977, the number of people released from prison exceeded the number of people sentenced to prison. Some 708,677 people were released from prison, while only 703,798 entered prison.

"The stability in prison release rates and expected time to be served indicates that the change in state prison population between 2009 and 2010 was the result of a decrease in state prison admissions," BJS explained.

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.

Breaking: Congress Votes to Kill People

Earlier this week we alerted our email subscribers and web site readers that Republicans in Congress were pushing to reinstate the only recently repealed syringe exchange funding ban. Lifted two years ago as part of the FY 2010 budget bill, the ban had prevented states from making their own decisions as to whether to use federal AIDS grant funding to support needle exchange programs. As most if not all aspects of the drug issue demonstrate, when Republicans talk about state and local control, they don't sincerely mean it, at least not as a group. (The libertarian-minded Ron Paul initially supported the ban, but changed his view and helped repeal it years later.)

Not that the ban's reinstatement can be blamed solely on Republicans, certainly not in the Democratically-controlled Senate. It happened in part because Democrats did not make it a priority to keep it from happening.

Congress's action this week means misery and death for large numbers of people. As the eight federal reviews of the research on this issue demonstrate, needle exchange programs reduce the spread of HIV without increasing the use of drugs. According to the Harm Reduction Coalition, needle sharing by injection drug users accounts for 8,000 new cases of HIV and 15,000 new cases of Hepatitis C each year. Of course the diseases spread from them to other people on occasion, including people who have no involvement in illegal drug use. As HRC points out, New York City has seen a 75% reduction in new HIV cases as a result of instituting such programs, according to a 2005 study.

So let's be clear; the evidence is overwhelming. In fact, even the studies cited by opponents of needle exchange actually support needle exchange, if you take the time to read them. Reinstituting the federal ban will have the effect of defunding many programs, and the science is clear that this means more infections and more needless of life. It won't save the federal government any money, because it doesn't affect the total amount of funding in the Ryan White program. All it does is make the program less effective at accomplishing its goals. And of course, health care costs will only grow because expensive AIDS and Hepatitis treatments will be needed for more people. Sadly, expressing the drug war ideology through deadly legislating seems to be more important for certain members of Congress than any of that. On the bright side, at least they didn't reinstate the old ban on the District of Columbia spending its own funds on needle exchange programs.

Don't give up and don't think that it's over. The ban got repealed once, and it will get repealed again. In the meanwhile, here are a few of the statements about the event that have come to my attention since yesterday. (Feel free to link more in the comments section.)

Congress to Restore Federal Syringe Exchange Funding Ban as Part of 2012 Spending Package

Drug Policy Alliance

www.drugpolicy.org

For Immediate Release: December 16, 2011
Contact: Tony Newman or Bill Piper

Congress to Restore Federal Syringe Exchange Funding Ban as Part of 2012 Spending Package

Ban on Allowing States to Use HIV Prevention Money on Life-Saving Syringe Programs was Overturned in 2009 After 20-Year Struggle

Reinstatement of Ban will Lead to Thousands of New HIV/AIDS, Hepatitis C Cases Annually

As part of the 2012 spending package being voted on today, Congress is restoring a ban on using federal funding for syringe exchange programs that reduce the spread of HIV/AIDS, hepatitis C, and other infectious diseases. The ban, enacted in the 1980s and repealed in 2009, was largely responsible for hundreds of thousands of Americans contracting HIV/AIDS directly or indirectly from the sharing of used syringes. Advocates warn that restoring the ban will result in thousands of Americans contracting HIV/AIDS, hepatitis C or other infectious diseases next year alone.

“The federal syringe funding ban was costly in both human and fiscal terms – it is outrageous that Congress is restoring it given how overwhelming and clear the science is in support of making sterile syringes widely available,” said Bill Piper, director of national affairs for the Drug Policy Alliance. “Make no mistake about it – members of Congress who supported this ban have put the lives of their constituents in jeopardy.”

House Republicans passed restrictive language in three separate appropriations bills, and succeeded in getting two of three bans in the current House-Senate compromise omnibus for Fiscal Year 2012 being voted on today. In addition to the overarching ban on domestic use of federal funds contained in the Labor-HHS spending bill, House republicans also succeeded in imposing a ban on use of State Department funds for syringe access in international programs. In large parts of the world the HIV/AIDS epidemic is being driven by injection drug use. The international syringe funding ban will mean the global HIV/AIDS epidemic will continue to grow.

The existing federal syringe exchange policy, signed into law by President Obama in December of 2009, allows states and local public health officials to use federal funds for syringe access, in consultation and with the consent of  local law enforcement. The policy change is widely credited with having prevented thousands of new cases of HIV and Hepatitis C, thereby saving many lives and improving public health and safety.  

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. Increasing the availability of sterile syringes through exchange programs, pharmacies and other outlets also helps injection drug users obtain drug education and treatment. Eight federal reports have found that increasing access to sterile syringes saves lives without increasing drug use.

“We may have lost this battle, but we have just begun to fight,” said Piper. “The Republicans who insisted on restoring the ban, and the Democrats who didn’t fight hard enough to oppose it, will be responsible for thousands of Americans contracting HIV/AIDS or hepatitis C. We will make sure Americans know which members of Congress care about their health and well-being and which do not.”

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California Marijuana Arrests and Quote of the Day

http://stdw.zapto.org/files/california-marijuana-leaf-small.jpg
It turns out that New York City isn't the only place where marijuana possession arrests have skyrocketed in recent decades. It's also happened to The State of California. The SF Weekly reports on a new study to this effect, published by the Center for Juvenile and Criminal Justice.

I'm sure Phil will be writing something for the Chronicle about this, but in the meanwhile, I wanted to post a quote from the article by Mike Males, the researcher who authored the study:

"The War on Drugs is not intended to solve the drug problem -- it's intended to maximize the harm drugs cause in society."
 

I strongly agree with this and I think it sums up one key aspect of our prohibitionist policy. It's not that most supporters of the drug war think this consciously. It's that the drug war support is incoherent and emotionally based. Drugs have to continue to harm people, and more than they might do on their own without public intervention, so that we can continue to point out how bad drugs are.

If the harm that drugs do can be reduced -- and the harm of drug policies of course counts as harm from drugs, that's how incoherent it is -- there would be less reason for people to refrain from drug use, and less opportunity to tell people not to use drugs or to say we told you so. Given how low marijuana falls on the harmful substances scale, it's especially important for zealots to focus on marijuana. Otherwise people might get the idea that it would be okay to legalize it. (Oh wait, that's happening anyway...)

NORML Sues Feds in CA Medical Marijuana Fight [FEATURE]

Attorneys with NORML have filed suit against the federal government over its crackdown on medical marijuana distribution and cultivation in California. In lawsuits filed last week in the four US Attorney districts in the state, the NORML attorneys bring a number of legal and constitutional arguments to bear in asserting that the federal government has overstepped its boundaries in interfering with the state's medical marijuana business.

Leading the legal charge are San Francisco attorneys Matt Kumin, David Michael, and Alan Silber.

The lawsuits seek a temporary injunction to block the state's four US Attorneys, as well as Attorney General Eric Holder and DEA administrator Michele Leonhardt, "from arresting or prosecuting Plaintiffs or those similarly situated, seizing their medical cannabis, forfeiting their property or the property of their landlords or threatening to seize property, or seeking civil or administrative sanctions against them or parties whose property is used to assist them" while the case is being heard.

The plaintiffs in the case are California medical marijuana dispensaries, cultivators, and patients. Some targeted dispensaries have already been forced to shut down by a deadline last Friday to avoid possible federal reprisals if the temporary injunction is not granted.

The lawsuits also seek a permanent injunction barring further federal action against lawful (under state law) medical marijuana operators and patients. And they ask the courts to declare the federal Controlled Substances Act unconstitutional to the extent that it blocks California residents from obtaining marijuana as medicine as is legal under state law.

The lawsuits are a response to a federal offensive against medical marijuana in California unleashed last month, when the Justice Department sent dozens of letters to California landlords and dispensaries ordering them to close down or face possible seizure of their properties and criminal prosecution. Dozens of dispensaries have already closed in response to the threats.

The federal offensive has also included SWAT-style DEA raids on medical marijuana operations, including some that are among the most closely regulated under state law. In Mendocino County, for example, the DEA raided Northstone Organics, a cultivation operation so regulated by local authorities that every plant had a sheriff's tag on it.

The lawsuits claim the federal government "entrapped" medical marijuana suppliers by seeming to give the okay to their operations in an October 2009 Justice Department memo. They also claim that the federal actions violate the 9th, 10th, and 14th Amendments to the US Constitution.

The 9th Amendment says that merely because some rights are enshrined in the Constitution does not mean the federal government can "deny or disparage others retained by the people." The NORML attorneys argue that threatening seizure of property and criminal sanctions violates the rights of the people to "consult with their doctors about their bodies and health."

The 10th Amendment gives powers not delegated to the federal government "to the States respectively, or to the people." The NORML attorneys argue that the States have the "primary plenary power to protect the health of its citizens," and since the government has recognized and not attempted to stop Colorado's state-run medical marijuana dispensary program, it cannot suggest Colorado has a state's right that California does not.

A lawsuit challenging the federal crackdown filed last month by Americans for Safe Access also makes a 10th Amendment argument. The feds have "instituted a policy to dismantle the medical marijuana laws of the state of California and to coerce its municipalities to pass bans on medical marijuana dispensaries," the advocacy group complained.

"Although the Obama Administration is entitled to enforce federal marijuana laws, the 10th Amendment forbids it from using coercive tactics to commandeer the law-making functions of the State," said ASA Chief Counsel Joe Elford, who filed the lawsuit in San Francisco. "This case is aimed at restoring California's sovereign and constitutional right to establish its own public health laws based on this country's federalist principles."

The 14th Amendment provides all citizens equal protection under the law. The NORML attorneys argue that because the federal government allows a handful of people access to marijuana through the Investigational New Drug program, allows a state-licensed medical marijuana system in Colorado to go unharassed, and blocks scientific research into medical marijuana, it is effectively denying equal protection to California residents.

The NORML attorneys also take issue with the US Supreme Court decision in Raich v. Gonzalez, which upheld the use of the Constitution's interstate commerce clause to stop California patients from legally growing their own medicine.

While acknowledging the Raich decision, they wrote that "it is still difficult to imagine that marijuana grown only in California, pursuant to California state law, and distributed only within California, only to California residents holding state-issued cards, and only for medical purposes, can be subject to federal regulation pursuant to the Commerce Clause. For that reason, Plaintiffs preserve the issue for further Supreme Court review, if necessary and deemed appropriate."

The courts are going to be busy with this matter for awhile, but a preliminary injunction would allow the California medical marijuana industry to go about its business unmolested while the matter gets sorted out.

CA
United States

Chronicle Film Review: Prohibition

Prohibition: A Film by Ken Burns and Lynn Novick (2011, Florentine Films/WETA, 3 discs, 5 ½ hrs., $41.99)

One of America's leading documentarians has done it again. Ken Burns, producer of the widely watched and hailed documentaries, Baseball and The Civil War, has now teamed up with Lynn Novick to examine the rise, fall, and repeal of the 18th Amendment banning alcohol sales and production. It is a worthy effort, and well-executed.

Prohibition "postcards" online at pbs.org/kenburns/prohibition/send-postcards/
The multi-hour must-see premiered over three nights this week on PBS, pulling in nearly four million viewers on its opening night -- very big numbers for public TV. It's also available online at the PBS Ken Burns Prohibition web site.

For most us of Prohibition is ancient history, skimmed over bloodlessly in dusty tomes in high school and undergraduate history courses. My 83-year-old mother, for instance, was still a toddler when revelers across the land tippled with delirious joy to mark repeal. For anyone younger than her -- and that's most of us -- Prohibition is no more than a school lesson, not a thing of living memory, except, perhaps, for an old story or two told by grandpa or grandma.

One of the successes of Prohibition is the way it brings that dry history to life. Through the skillful use of contemporary film, photographic stills, oral history, written remembrances narrated by actors, and a lively narration by Peter Coyote, Burns and Novick are able to recreate the living, breathing reality of second half 19th and early 20th Century America. Staring face to face at the glowering glare of a doughty battle-axe like Carrie Nation or the lizard-lidded, full-lipped gaze of Chicago gangster Al Capone, listening to Al Smith rail against the dries or Mabel Willibrand rally preachers against repeal, helps us put a human face on the  passions and frailties behind the march of the social revolution that was Prohibition and the mass rejection of it that was repeal.

Similarly, vivid scenes of saloon debauchery, with passed out drunks and giddy tipplers, of speakeasies filled with good-time guys and giddy flappers, of mass marches for and against, of political conventions and campaigns in which Prohibition was a burning issue of the day, help put living flesh on the dry bones of history.

The early 20th Century experiment in social control and legislating morality contains many lessons for contemporary activists seeking to undo the damage done by drug prohibition. Burns and Novick deserve our thanks for teasing out the varied strands that turned the 19th Century's temperance movement among mostly rural, Protestant, church-going women into a political powerhouse capable of blunting the power of big booze, shuttering the breweries and distilleries, and eliminating the saloons men saw as their last refuge from the demands of wife and children.

For me, the most important achievement of Prohibition is the way in situates the temperance movement within the broader social and political context of a tension-filled, rapidly evolving America. As Burns and Novick make abundantly clear, Prohibition did not happen in a vacuum. Among the forces propelling it were many of the same forces active today propelling reactionary social movements: racism (directed against newly arrived Irish, German, and Jewish immigrants), nativism (ditto), religious bigotry (aimed at those Catholic immigrants), nationalism (against mainly German-American beer brewers, especially during World War I), and rural vs. urban tensions.

But while it may be easy to ridicule the reactionaries of the last century, the roots of Prohibition also come uncomfortably close for present-day progressives. The temperance movement -- in all its intemperance -- was closely tied to "what about the children!" sentiment and women's suffrage, a cry for healthy living,  as well as the sort of "do-gooderism" conducted by "busybodies" that still informs much of the discourse when it comes to drug policy reform today.

As Prohibition shows most excellently, the politics of morality and social control are deep and twisted, and unraveling them reveals some unflattering facets of progressivism, as well as the more easily derided absolutists of what could fairly be called the Christian Right.

Where Prohibition is perhaps most useful to modern day drug reformers is in its depiction of the social ills it generated. Much as the Drug Policy Alliance likes to say "drug abuse is bad, drug prohibition is worse," viewers of Prohibition could fairly draw the conclusion that "mass drunkenness is bad, mass drunkenness under Prohibition is worse." Burns and Novick sketch the rapid expansion of organized crime under Prohibition, the gang wars of Chicago and New York, the corruption of cops and public officials -- all the side-effects of prohibition so familiar to present day reformers.

Prohibition "postcards" online at pbs.org/kenburns/prohibition/send-postcards/
But they also look at its public health consequences, which -- like current drug prohibition -- were also in many ways disastrous. There were mass deaths from bad bathtub gin, deaths from drinking wood alcohol, outbreaks of "Jake Leg," a neurological disorder caused by contaminated whiskey that crippled hundreds, if not thousands, and while alcohol consumption initially declined, that decline was soon reversed, and with even more unhealthy drinking patterns.

In the end, Prohibition died of neglect, ridicule, and changing social attitudes, forged at least in part by the experience of Prohibition itself. And at the end, it revealed itself to be hollow, crumpling with amazing rapidity after the Great Depression hit and the big city, immigrant-friendly Democrats under FDR took power. Before the end of FDR's first year in office, Prohibition was history.

There are many lessons and parallels for contemporary drug reformers in Prohibition, but they are not exact and may not apply across the board. Alcohol prohibition lasted barely a decade, but drug prohibition is now in its second century. Why one was a flash in the pan and the other remains a painful, enduring legacy are questions that need to be answered if we are ever to leave drug prohibition in the dustbin of history along with Prohibition. Prohibition can help us start to ask the questions that will give us the right answers.

Disappointingly, Ken Burns doesn't appear interested in pursuing the parallels, nor even the dissimilarities, between Prohibition then and prohibition now. He does not reference the prohibition of other drugs in Prohibition (although heroin and cocaine were already criminalized federally and marijuana was being banned in a number of states), nor, as he has made clear in interviews, does he see a useful comparison between the two.

But that disagreement or lack of boldness notwithstanding, Prohibition is still a great viewing experience that brings alive a critical episode in US social and political history, an episode who reverberations still linger and whose contours are still echoed in drug prohibition. This is your history, America -- watch, enjoy, learn, and ponder.

Ray Kelly Heard "Allegations of Improper [Marijuana] Arrests" Oh Really?

Ailsa Chang, the WNYC reporter who broke the recent New York Police Department marijuana arrests story, blogged about comments by Commissioner Ray Kelly at a news conference this week explaining why he issued the order to his officers:

"Police Commissioner Ray Kelly says he had heard multiple allegations that his officers were skirting the law when charging people for misdemeanor marijuana possession — but he says he doesn't know if they are true."
 

I suppose "multiple allegations" is one of way describing the in-depth report published on the topic in 2008, the report on the fiscal costs of the arrests published this year, or the extensive discussion of the arrests that's taken place in the media for much of this year. Oh, let's not forget the bill filed this year in Albany for the specific purpose of stopping such arrests.

Of course the nearly 12-fold sudden increase in the number of marijuana possession arrests was no tip-off that anything was up:
 

 

And to be fair, the New York Times didn't call for a federal Dept. of Justice investigation of the arrests until last Monday, after Kelly issued the order, so that doesn't count. (But it's a good idea.)

No, there's no reason why the nearly ten-year commissioner of the department, who had been commissioner for another two years prior to that, and who has worked in important positions in the department for a total of more than 30 years, could have known to look into this before now. There was no reason to suspect anything may have been amiss until an "allegation was made" recently. None at all -- he had no way to know! I believe him -- I really do.

Location: 
New York, NY
United States

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