Latest

In a letter leaked to Dutch media, three key Dutch ministers wrote that the government wants to maintain the country’s famous cannabis coffee shop system, but that they should be “members only” so they will no longer attract foreign “drug tourists.” The ministers of justice, home affairs, and health wrote that reducing drug tourism and reducing the number of coffee shops would help reduce crime and public nuisances associated with them. Border town coffee shops in particular have been inundated with pot smokers from neighboring countries with more repressive policies, hordes of which have led to complaints of everything from traffic congestion to public urination to other drug dealing. The other criminality associated with the coffee shops comes from Holland’s half-baked policy of tolerance of retail cannabis sales and possession while continuing to prohibit the licit growing of cannabis to supply those shops. While the government was expected to issue a position paper on changing the coffee shop policy later this fall, Tuesday’s leaked letter provides a clear indication of where the government is heading: toward “members only” coffee shops. While discriminating by nationality within the European Union would violate EU law, it appears the Dutch government will try to bar foreigners by requiring a Dutch bank card to purchase cannabis. According to the letter, the ministers are also open to experimenting with allowing coffee shops to stock larger quantities of the herb. Currently, shops can keep only 500 grams on hand, resulting in a network of drug runners scurrying about Dutch cities and towns with fresh cannabis supplies.

Will Foster’s nightmarish saga continues. Foster, you may recall, is the medical marijuana patient who was sentenced to 93 years in prison for growing a few plants in 1997. Thanks in no small part to a publicity campaign by Stopthedrugwar.org, Foster’s sentence was eventually reduced to 20 years, and he was paroled to California. After three years on parole, California officials decided Foster no longer needed supervision, but Oklahoma officials disagreed. When Foster was arrested in California for driving on an Oklahoma drivers’ license, Oklahoma issued a parole violation extradition warrant, but Foster filed a successful writ of habeas corpus to quash that warrant. Then, last year, Foster was arrested on bogus marijuana cultivation charges--those California charges were dropped after he spent a year in jail--and Oklahoma again sought his extradition as a parole violator. Oklahoma officials took Foster from the Sonoma County Jail in California, and he is now residing in prison in Oklahoma until 2011--or 2015, as Oklahoma parole officials are now claiming. In Oklahoma, the governor ultimately decides on whether to revoke parole or not. Foster had an administrative hearing Tuesday, which unsurprisingly found he had indeed violated his parole (by refusing to sign paperwork agreeing that his sentence had been extended). An executive hearing will take place sometime in the next one to three months, then that decision goes to the governor for approval or rejection. Foster and his supporters are urging the public to write to the parole board to ask it to recommend pardoning him or commuting his sentence, and to write or call the governor asking for the same thing. Key points: * Foster is a non-violent medical marijuana patient seriously ill with rheumatoid arthritis; * Foster plans to return to California and never set foot in Oklahoma again; * The after-the-fact extension of his sentence from 2011 to 2015 is unfair and unwarranted; * It does not make fiscal or budgetary sense for the state of Oklahoma to spend thousands of scarce public dollars to incarcerate Foster again for this non-violent offense. I just spoke to the parole office in Oklahoma, and they don’t yet have the information in their system required to send letters to parole board members, so instead, fax your concise, respectful letters to the Oklahoma Pardon and Parole Board at (405) 602-6437. Mention Foster’s full name, William Joseph Foster, and his prisoner number, ODOC #252271. Fax your letter to Oklahoma Gov. Brad Henry at (405) 521-3353 or, better yet, call his office at (405) 521-2342. In either case, mention Foster’s full name and prisoner number, and be polite. Drug War Chronicle will continue following Foster’s saga. Look for a feature article on the latest twists and turns on Friday.

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

Software developers study anti-patterns. The practice can be applied to advocating social change, i.e. fighting the drug war.

John English at The Examiner has penned an impressive archive of unhinged anti-drug angriness, and although there's a strong case to be made for ignoring him, his piece "The law and the end of medical marijuana" was just too cute to pass up. He really believes medical marijuana is going to go away:

Another issue is that physicians who recommend marijuana as "medicinal" have recently become at risk of lawsuits. This is the issue that will, no doubt, bring doctors' recommendation of "medical marijuana" to an end. It will come as "medical marijuana patients" understand that they have been injured due to marijuana use and seek out lawyers.

Isn't that precious? People "injured" by one of the safest drugs on the planet. I'm afraid if you want someone to get "injured" by medical marijuana and sue their doctor, you might have to do it yourself. In the process, you may inadvertently find a cure for obsessive drug war zealotry.

Medical marijuana makes people healthier and happier, as the massive and growing number of patients will eagerly attest. If it didn't work, they wouldn't use it. You see, medical marijuana laws don't mandate that sick people ingest potent cannabis against their will. The whole point here is that patients want this option and they've fought, sometimes literally from their deathbeds, to get it. The failure of medical marijuana's opponents to understand or care what patients want is their central fault and it explains perfectly why their arguments and calculations have served them so poorly.

It's sad how often opposition to simple reforms is characterized by fundamental factual ignorance. Here's T. Michael Andrews, a former senior policy adviser at the Department of Homeland Security, freaking out about something that hasn't actually happened:

Mexico's recent decision to legalize hard drugs, including methamphetamines, cocaine, LSD and heroin, sends the wrong message to its citizen and to the international law-enforcement community.
…

Mexico's recent decision sends up the white flag in its commitment to stopping drugs from imploding in its country and says yes to continued trafficking into the United States. [Arizona Daily Star]

The thing is, drugs aren't legal in Mexico. They're just not. This isn't a matter of opinion. All they did was get rid of criminal penalties for possessing (not selling) very small amounts. It's usually referred to a decriminalization and even the U.N. is down with it.

It's possible, of course, that Andrews is merely trying to sensationalize the issue by conflating decriminalization with the more-controversial concept of legalization. But he straight-up insists that "Mexico will now become the vacation destination for all drug users," as though they're on the verge of opening coffeeshops for heroin.

I honestly doubt whether this guy even understands how Mexico's new drug law works, which means the Arizona Daily Star made a bad call by giving him a forum for complaining about it. You can send them a polite note by clicking here.

I'm sure the readers of this blog could all be counted on to do the right thing:

Satellite Beach police are asking beachgoers to report any suspicious packages found along the shore following the weekend discovery of a brick of marijuana near Hightower Beach Park.

"Just report it, leave it alone and call the police," said Cmdr. Jeff Pearson of the Satellite Beach Police Department. [FloridaToday]

Yeah right. I'm sure they get calls all the time from concerned surfer dudes who found huge bags of weed and don’t know what to do. Apparently, the ocean is filled with random drugs:

Police say illegal drugs washing up on the beach happens occasionally as smugglers dump their illicit cargo into the Atlantic Ocean to escape detection from authorities.

"It's pretty common. We live on the beach in Florida and it happens," Pearson said.

And you can bet that authorities never even hear about a lot of it, because quick-thinking citizens take responsibility for disposing of the drugs on their own. Heroes.

Really though, this is just another one of those mind-numbingly absurd phenomena that would never occur if our drug policy didn’t completely suck. It requires an epic and sustained campaign of monumental idiocy to create circumstances under which events like this take place routinely. If a smelly dead fish floats ashore, that's one thing, but when large stashes of illegal drugs are just bobbing around in the ocean, it's perfectly symbolic of the enormous mess the drug war has left in its wake.