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"Mark Souder vs. The New Drug War Politics," "Calvina Fay vs. The New Drug War Politics," "New Poll: Democrats and Republicans Agree That the Drug War is a Failure," "Police Discover World's Largest Marijuana Plants," "The Drug War Bailout," "Police Defend the Right to Choke Marijuana Suspects," "SWAT Raids Often Target Innocent People," "Nasal Congestion Sufferer Arrested for Buying Too Much Cold Medicine," "When Police Mistake Chocolate For Hash…"
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Calvina Fay vs. The New Drug War Politics

The Drug Free America Foundation’s perpetually panic-stricken director Calvina Fay gave a speech at the World Forum Against Drugs that was so over-the-top crazy, I wish more people could have heard it. Pete Guither recounts and refutes it here, so I’ll call attention to the one thing she said that is actually truthful:

Just since the beginning of 2008, we have seen an extraordinary increase in drug legalization efforts and activities in the US.

Nice to meet you too, Calvina. Welcome to the future of the drug war debate, a bizarre upside down world in which you are the extremist and everyone else is talking about reform. That’s the only stop on this train, so I hope you brought some reading material. In fact, here, have a free copy of Drug War Facts. You'll need this where we're going.
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New Poll: Democrats and Republicans Agree That the Drug War is a Failure

New Zogby data shows a bipartisan consensus that the drug war is a losing battle:

Three in four likely voters (76%) believe the U.S. war on drugs is failing, a sentiment that cuts across the political spectrum – including the vast majority of Democrats (86%), political independents (81%), and most Republicans (61%). There is also a strong belief that the anti-drug effort is failing among those who intend to vote for Barack Obama (89%) for president, as well as most supporters of John McCain (61%).

When asked what they believe is the single best way to combat international drug trafficking and illicit use, 27% of likely voters said legalizing some drugs would be the best approach -- 34% of Obama supporters and 20% of McCain backers agreed.

* One in four likely voters (25%) believe stopping the drugs at the border is the best tactic to battle drugs -- 39% of McCain supporters, but  just 12% of Obama backers agree.
* Overall, 19% of likely voters said reducing demand through treatment and education should be the top focus of the war on drugs.
* 13% believe that the best way to fight the war on drugs is to prevent production of narcotics in the country of origin.

At first glance, 27% support for legalization appears disappointing, but a look at the question itself provides a much more encouraging outlook. Respondents were asked to select "the single best way to handle the war on drugs" and here’s the breakdown of their responses:

Prevent production of narcotics at their country of origin:  12.7%
Stopping drugs at the U.S. border:                                            24.8%
Reducing demand through treatment and education:           18.7%
Legalizing some drugs in the U.S.:                                            27.5%
Ending the War on Drugs:                                                           8.2%
Not sure/none of the above:                                                        8.1%

Legalization was the most popular answer. Support for interdiction/eradication encompassed only 37.5% of respondents, thus the majority clearly supports some level of reform. I don’t see how you could look at this without concluding that supply reduction strategies lack public support. A smart politician could easily begin chipping away at the most militaristic aspects of the war on drugs without suffering any political consequences.

If there ever existed a tangible political advantage for candidates who play the "tough on drugs" card for votes, those days are behind us. The current political climate favors cutting bad programs and changing business-as-usual in Washington, D.C. The drug war belongs at the top of that list, and while it isn’t there yet, we are undeniably on a trajectory towards a unique moment when the political landscape that sustains prohibition will face re-evaluation. At that point, anything and everything we’ve understood about the politics of drug policy reform could change overnight.

Note: I will begin refering to this concept as "the new drug war politics."

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Police Discover World’s Largest Marijuana Plants

Drug enforcement officers never tire of their overpowering compulsion to exaggerate marijuana seizures to the point of absurdity. Again and again, we’ve caught police making ludicrous claims that contradict basic math and science.

The latest example comes from California, where local narcotics officers found some large marijuana plants and tried to frame it as some sort of unbelievable shocker:

Marijuana plants seized Monday in Browns Valley and Live Oak "are the largest I've seen," a drug enforcement official said.
…
Some of the plants were 7 feet tall or higher. Most averaged only 5 feet in height but had a circumference of about 12 feet and could have produced about 10 pounds each of marijuana, said Hudson, who called it "some of the highest quality marijuana currently available."

It would take about 2,000 normal-size plants to produce an equivalent amount, he said. [Appeal Democrat]

That all sounds very exciting and newsworthy, except for one thing: marijuana plants don’t yield 10 pounds. They just don’t. That’s crazy and wrong.

To illustrate how absurd this is, I contacted Chris Conrad, a court-qualified cannabis expert and author of Cannabis Yields and Dosage. Here’s what Chris had to say:

Probably they would end up getting about 3-4 pounds of actual bud from a plant that size, depending on how well it is manicured, plus more than that as leaf that could be converted into hash or edibles. Remember that the police use the "bud-leaf-seed" version of cannabis, whereas the actual market is for bud, not leaf or seeds. So cops almost always think there is twice as much 'marijuana' there as does the grower.

I was just looking at some big plants in Oregon for a collective, and they claimed 5 pounds per plant, but I think that included the shake, which they said they give away to indigent patients. Visually they looked like 3 pound plants to me, so the implication is that they toss out the fan leaf but keep the bud leaf and trim for patients. That would explain how they could come to 5 pounds.

I've never had anyone claim to have gotten 10 pounds from a plant, but quite a few people have boasted about getting between 2 and 5 pounds of bud from one. I haven't had the pleasure of sitting in on the manicure and weighing to see it for myself, yet.

Cops often inflate the weight of their yield by using the fresh weight instead of the dry weight of the plants, BTW, so the most typical inflation is 400%; in other words, their alleged 10 pounds is most likely to weigh about 2.5 pounds, based on the typical cop exaggeration.

It is almost amusing to picture officers standing around a bunch of big plants issuing arbitrary clueless declarations about the garden’s quality and yield. They have absolutely no idea what they’re talking about. It’s like asking a mugger to appraise jewelry. It might be funny if it weren’t for the fact that these spontaneous, incompetent assessments are used at trial to influence how long non-violent offenders will spend behind bars.
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The Drug War Bailout

The last time our country faced a major economic crisis, we ended alcohol prohibition. Think about that.
In The Trenches

Racial Disparity Manual for Practioners, Policymakers Published

Friends:

The Sentencing Project has just published a new edition of "Reducing Racial Disparity in the Criminal Justice System," a comprehensive manual for practitioners and policymakers. The publication provides insight into how racial disparities develop in the criminal justice system, and workable solutions to address and reduce disparities. The manual provides strategies for addressing disparities at each stage of the system, as well as 17 "best practices" illustrating practitioner approaches for enhancing fairness.

"Reducing Racial Disparity in the Criminal Justice System" is a tool for criminal justice practitioners, policymakers, and community organizations seeking to develop constructive approaches to one of the most challenging problems facing the criminal justice system.


-The Sentencing Project
 
 
In The Trenches

DrugSense FOCUS Alert: The 7 State Ballot Propositions and Proposals

DrugSense FOCUS Alert #385 - Tuesday, 30 September 2008 Voters in California, Oregon, Massachusetts, and Michigan will all vote Tuesday, November 4th on issues - a total of seven - which will if passed change laws which impact those arrested for the use of currently illegal drugs. The following highlights these issues. CALIFORNIA: PROPOSITION 5, the Nonviolent Offender Rehabilitation Act (NORA) - This measure (1) expands drug treatment diversion programs for criminal offenders, (2) modifies parole supervision procedures and expands prison and parole rehabilitation programs, (3) allows inmates to earn additional time off their prison sentences for participation and performance in rehabilitation programs, (4) reduces certain penalties for marijuana possession, and (5) makes miscellaneous changes to state law related mainly to state administration of rehabilitation and parole programs for offenders. Perhaps the least understood Proposition 5 change is the marijuana possession change. Here is what California's nonpartisan Legislative Analyst's Office (LAO) has published on the issue: Change in Marijuana Possession Penalties Current state law generally makes the possession of less than 28.5 grams of marijuana by either an adult or a minor a misdemeanor punishable by a fine of up to $100 (plus other penalties and fines that can bring the total cost to as much as $370) but not jail. Possession of greater amounts of marijuana, or repeat offenses, can result in confinement in jail or a juvenile hall, greater fines, or both. Revenues generated from these fines (including the additional penalties) are distributed in accordance with state law to various specified state and county government programs. Penalties for Marijuana Offenses Would Become Infraction This measure would make the possession of less than 28.5 grams of marijuana by either an adult or a minor an infraction (similar to a traffic ticket) rather than a misdemeanor. Adults would be subject, as they are today, to a fine of up to $100. However, the additional penalties of any kind would be limited under this measure to an amount equal to the fine imposed. (For example, imposition of the maximum $100 fine could result in an additional $100 in penalties.) Persons under age 18 would no longer be subject to a fine for a first offense, but would be required to complete a drug education program. Also, under this measure, fines collected for marijuana possession would be deposited in a special fund to provide additional support of the new youth programs created by this measure. The LAO analysis of Proposition 5 is at http://www.lao.ca.gov/ballot/2008/5_11_2008.aspx Please see the YES on Prop. 5 website http://www.prop5yes.com/ The influential Orange County Register recently supported Proposition 5 in an editorial http://www.mapinc.org/drugnews/v08/n901/a06.html PROPOSITION 6 - Makes some 30 changes to state criminal laws. The measure requires that Youthful Offender Block Grant funds--provided by the state to house, supervise, and provide various types of treatment services to juveniles--be distributed to county probation offices and eliminates existing provisions that permit these funds to be provided directly to drug treatment, mental health, or other county departments. Defines possession of methamphetamines as a felony - this crime currently can be prosecuted as a misdemeanor or a felony - but it does not change eligibility for some offenders for drug treatment diversion under Proposition 36. The LAO analysis of Proposition 6 is at http://www.lao.ca.gov/ballot/2008/6_11_2008.aspx PROPOSITION 9 - This measure amends the State Constitution and various state laws to (1) expand the legal rights of crime victims and the payment of restitution by criminal offenders, (2) restrict the early release of inmates, and (3) change the procedures for granting and revoking parole. The LAO analysis of Proposition 9 is at http://www.lao.ca.gov/ballot/2008/9_11_2008.aspx The Los Angeles Times recently opposed all three propositions in editorials http://www.mapinc.org/drugnews/v08/n895/a03.html ********************************************************************** MASSACHUSETTS: QUESTION 2 - This proposed law would replace the criminal penalties for possession of one ounce or less of marijuana with a new system of civil penalties, to be enforced by issuing citations, and would exclude information regarding this civil offense from the state's criminal record information system. Offenders age 18 or older would be subject to forfeiture of the marijuana plus a civil penalty of $100. Offenders under the age of 18 would be subject to the same forfeiture and, if they complete a drug awareness program within one year of the offense, the same $100 penalty. Offenders under 18 and their parents or legal guardian would be notified of the offense and the option for the offender to complete a drug awareness program developed by the state Department of Youth Services. Such programs would include ten hours of community service and at least four hours of instruction or group discussion concerning the use and abuse of marijuana and other drugs and emphasizing early detection and prevention of substance abuse. The penalty for offenders under 18 who fail to complete such a program within one year could be increased to as much as $1,000, unless the offender showed an inability to pay, an inability to participate in such a program, or the unavailability of such a program. Such an offender's parents could also be held liable for the increased penalty. Failure by an offender under 17 to complete such a program could also be a basis for a delinquency proceeding. The proposed law would define possession of one ounce or less of marijuana as including possession of one ounce or less of tetrahydrocannibinol ("THC"), or having metabolized products of marijuana or THC in one's body. Under the proposed law, possessing an ounce or less of marijuana could not be grounds for state or local government entities imposing any other penalty, sanction, or disqualification, such as denying student financial aid, public housing, public financial assistance including unemployment benefits, the right to operate a motor vehicle, or the opportunity to serve as a foster or adoptive parent. The proposed law would allow local ordinances or bylaws that prohibit the public use of marijuana, and would not affect existing laws, practices, or policies concerning operating a motor vehicle or taking other actions while under the influence of marijuana, unlawful possession of prescription forms of marijuana, or selling, manufacturing, or trafficking in marijuana. The money received from the new civil penalties would go to the city or town where the offense occurred. The YES on Question 2 website is at http://sensiblemarijuanapolicy.org/ Many, but not all, of the newspaper clippings about Question 2 may be found at http://www.mapinc.org/topic/Committee+for+Sensible+Marijuana+Policy ********************************************************************** MICHIGAN: PROPOSAL 1: The proposed law would: Permit physician approved use of marijuana by registered patients with debilitating medical conditions including cancer, glaucoma, HIV, AIDS, hepatitis C, MS and other conditions as may be approved by the Department of Community Health. Permit registered individuals to grow limited amounts of marijuana for qualifying patients in an enclosed, locked facility. Require Department of Community Health to establish an identification card system for patients qualified to use marijuana and individuals qualified to grow marijuana. Permit registered and unregistered patients and primary caregivers to assert medical reasons for using marijuana as a defense to any prosecution involving marijuana. The YES on Proposal 1 website is at http://stoparrestingpatients.org/ Most, but not all, of the newspaper clippings about Proposal 1 may be found at http://www.mapinc.org/topic/Michigan+Coalition+for+Compassionate+Care ********************************************************************** OREGON: MEASURE 57 - Increases sentences for drug trafficking (methamphetamine, heroin, "ecstasy," cocaine), theft against elderly and specified repeat property and identity theft crimes; requires addiction treatment for certain offenders. MEASURE 61 - Creates mandatory minimum prison sentences for certain theft, identity theft, forgery, drug, and burglary crimes. Please see this website for additional details http://www.sos.state.or.us/elections/nov42008/meas.html If both measures pass, the one with more votes becomes law. Most of the newspaper editorial page statements from Oregon newspapers have opposed both measures or recommended Measure 57 as the better choice. **********************************************************************
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Semanal: Blogueando en el Bar Clandestino

“Encuesta muestra bastante apoyo a la legalización de las drogas en México”, “Desavenencia por Rachel Hoffman: Un policía despedido, otros reprendidos”, “Policías matan a perro muy chiquito y afirman que los amenazó”, “Nuevos sucesos en el caso Ryan Frederick”, “Imbécil propone larga condena de prisión para George Michael”, “Despiden a policía por aplicar llave al cuello a sospechoso por marihuana”, “La salvia es potente, ¿pero será peligrosa?”, “La postura contradictoria de Obama respecto a la lucha contra la droga”, “Otra señal de que la legislación sobre la marihuana medicinal está funcionando”.