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Marijuana Policy

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Arresting Marijuana Users Sends the Wrong Message to Children

Has anyone ever told you that we must never change our marijuana policy because doing so would send the wrong message to children? I'll bet they have, because this particular argument is as ubiquitous as it is absurd. Just listen to John Edwards at Sunday night's Democratic Presidential Debate explaining why he opposes marijuana decriminalization:
Because I think it sends the wrong signal to young people. And I think the president of the United States has a responsibility to ensure that we're sending the right signals to young people. [MSNBC]
That is all he said. It is apparently the totality of his position; the most important and compelling argument he can put forth to explain why it is necessary to arrest nearly a million people each year for having marijuana.

Are you listening children of America? It is essential that you refrain from using marijuana, because if you do, the government will arrest you and give you a criminal record that will haunt you for the rest of your life. That is why you shouldn't use marijuana.

Threatening to arrest and criminalize our children is, rather obviously, the stupidest solution to youth drug abuse ever conceived. It completely contradicts the message that we want them to be healthy and successful in life. The penalties for marijuana (criminal record, loss of college aid, loss of drivers license, loss of public housing, jail time, etc.) are all designed to reduce a person's potential. The contradiction between saying we'll help people with drug problems, only to then injure them with harsh laws, confuses even me.

If the whole point is to send a message, then I suppose it matters little whether the punishment fits the crime. Are proponents of the "message to children" model for marijuana policy admitting that we can destroy adult users in order to coerce compliance from children? If so, how badly shall we injure the adult users that we catch?

In the end, it all comes down to the question of what the appropriate punishment for marijuana really is. If we are truly comfortable with our marijuana laws, we should have no problem discussing them as part of a comprehensive drug education program for young people. But I have a feeling that if teachers were required to warn high school students about the HEA Aid Elimination Penalty, that law would cease to exist in the very near future.

Cowards: Democratic Front-Runners Reject Marijuana Law Reform

Critics of marijuana policy reform are fond of dismissing the idea as a liberal fantasy. Unfortunately, last night's Democratic Presidential Debate revealed that the party's so-called leaders would still rather play politics than stand up for the 800,000+ Americans that are needlessly arrested each year for the world's pettiest crime:
Tim Russert: Senator Dodd, you went on the Bill Maher show last month and said that you were for decriminalizing marijuana. Is there anyone here who disagrees with Senator Dodd in decriminalizing marijuana? [MSNBC]
Clinton, Obama, Richardson, Biden, and Edwards all raised their hands. Only Dennis Kucinich stood with Senator Dodd on this important question. John Edwards was quick on the draw, pulling out the oldest pro-drug war line in the book:
Russert: Senator Edwards, why?

Edwards: Because I think it sends the wrong signal to young people. And I think the president of the United States has a responsibility to ensure that we're sending the right signals to young people.
Ladies and gentlemen, welcome once again to the brain-dead world of mainstream drug war politics. It is a peculiar place where we ruin real lives in order to send fake messages. It is a vacant echo chamber in which those speaking the truth are singled out for ridicule, attention seekers spew tiresome incoherencies, and the rest cower embarrassed behind their podiums praying never again to be asked such a horrible thing.

Shameful and cowardly as their responses may be, the democratic front-runners were clearly sidelined by Russert's cheap hackery. Drug policy is so much more than a yes or no question, and this drive-by shooting approach to the marijuana debate trivializes the issue and obscures any diversity of opinion. I am saddened, but not at all surprised, that this question provoked this response when asked this way.

If we've learned anything from the brutal war that's been waged in our names for far too long, it is that many of our leaders would sooner allow it to continue for decades than speak one word of the truth that stands naked before us all.

With that in mind, I'm asking all of you to do something. Find out when the candidates are speaking in your area and attend the events. Bring friends. Bring a video camera. Dress well and arrive early. Sit where you can be seen and raise your hand high just a moment before they open the floor to questions. Ask whatever you like. Maybe something like this:
Senator/Governor/Congressman _______,

Over 800,000 Americans were arrested for marijuana this year. Some went to jail. Others lost their jobs, lost custody of their children, lost their driver's licenses, lost public housing, lost financial aid for college, the list goes on. Many people think these punishments are more damaging than the drug itself.

What do you think the punishment should be for someone who uses marijuana?

It is one thing to say you don't support marijuana decrim. It is quite another to describe how specifically you would go about destroying the lives of the millions of Americans who enjoy marijuana. Let's find out where they really stand on this issue.

Digg and Reddit Users Want to Legalize Marijuana

The rise of news aggregator websites like Digg and Reddit has become a surprisingly helpful asset to online activism for drug policy reform. These sites allow participants to submit links with their own description, at which point other users vote to determine which stories make it to the coveted main page. Digg, for example, directs so much traffic from its front page that users have coined the term "digg effect" to describe the inevitable server crash that occurs when Digg links a site with insufficient bandwidth.

StoptheDrugWar.org first experienced "the digg effect" in August with the "Marijuana Dealers Offer Schwarzenegger One Billion Dollars" story. Once linked at Digg, the blog post and accompanying press release generated over 100,000 hits, crashing our server repeatedly for over 12 straight hours. It was a bittersweet triumph since few visitors were actually able to view the content due to website malfunctions (and we couldn't receive donations!). Nonetheless, the message about marijuana policy reform was clearly resonating with a massive new audience.

Between Digg and Reddit, we've now had several stories take off, pulling in unusually high traffic and pushing the drug policy debate beyond the self-selected audience of seasoned reform activists. The rising tide has lifted other boats as well, generating massive attention to Pete Guither's "Why is Marijuana Illegal?" and SSDP's "End the Drug War Draft!" Just last week, a front page Digg hit left Mitt Romney's presidential campaign reeling when video of his rude treatment of a medical marijuana patient went viral.

Perhaps it's not so surprising that the new era of user-generated content and internet video would favor ideas that have for too long been relegated to the fringe by the mainstream press. We're witnessing the burial of the antiquated notion that only anti-drug scare stories will sell, and it's long overdue to say the least. The stigma of the "legalization" label, along with the brute force of the law itself, has silenced so many would-be drug war critics, yet the anonymous and democratized realm of online political debate now rages without regard to the philosophical prejudices of the past.

Of course, winning the vote in an artificial internet democracy isn't going to end the war on drugs. But it certainly proves the demand for balance in the drug war debate. As the mainstream media continues to struggle with even the most basic realities about drugs and the terrible war on their users, the truth has to find a home somewhere.

Update: To my great surprise, this post has made it to the front page of Digg. Imagine that. You can vote for it here. What fun.

Update II: There's 300+ comments on this post over at Digg. I haven't finished reading them, but here's my favorite so far:

Look, from someone who has never smoked anything in their life, I'm fine with legalization, but please don't act like assholes with it like everyone in my damn school does. All they do is brag about it, and its funny because I tell my friends I'd do it if it was legal and they say they would stop doing it if it was.

The "stoner" stereotype is a complete product of the drug's illegality, it's true. If we're sick of rebellious potheads, let us take the wind out of their sails by changing the one law they have the nerve to break, thereby turning them into law-abiding dorks.

Supporting Medical Marijuana Is Smart Politics

This exchange between Bill Richardson and Stuart Cooper of Granite Staters for Medical Marijuana shows the political wisdom of supporting compassionate policies. Richardson discusses his efforts to protect patients in New Mexico, and describes the broader drug war as a failure, then appeals to Cooper for support:

Richardson: By the way, I hope you can get me some votes. I haven't won too many votes with that one. You should see the letter I got from the Sheriff's Association, but sometimes you gotta do the right thing. It's the right thing.

Cooper: Sir, 80% of New Hampshire voters agree with you.

Richardson: Do they?

Cooper: Yes sir.

Richardson: Will you tell them?

Already on the presidential campaign trail, Richardson was nonetheless surprised to learn that his support for medical marijuana would resonate with a huge majority of voters.

That was July 16. By August 17, Richardson had sent a letter to President Bush demanding that ONDCP stop threatening his state's new medical marijuana program. He also ordered the NM Dept. of Health to move forward despite federal intimidation. All of this is displayed proudly on his presidential campaign site.

The point here isn’t that Richardson is trying to win the favor of voters. He already supported medical marijuana, but stepped up his efforts after learning that it was safe and, in fact, smart to do so. By taking this message to the other candidates, we might get more than just a promise to end the federal raids.

"Marijuana Signature Project" Not as Cool as it Sounds

Watch out folks, the Marijuana Signature Project is not a legalization initiative. It's something far more sinister.

ONDCP's latest blog post, delightfully titled "Relying on Science to Craft Drug Policy," boasts of using our tax dollars to a finance a series of science experiments aimed at figuring out where marijuana is grown:
The drug control policy office is betting on stable isotopes to identify unique markers in marijuana, distinguishing it not just by geography but also by its cultivation method — for example, indoor versus outdoor.

"It’s an epidemiological and forensic public health investigation," said David Murray, chief scientist at the agency and director of its Counterdrug Technology Assessment Center. [NYTimes]
It is just hilarious that ONDCP is spending government funds to find out information that pot growers would gladly share if it wouldn't get them arrested. Dr. Murray, I know people that could tell you for free if your marijuana was grown indoors or out.

For an added touch of cuteness, here's the scientist behind the project feigning agnosticism about the marijuana debate:
Dr. West said his involvement in the project was not tied to any particular policy judgment. "I strongly believe that part of the picture in any policy development has to be the best possible science, and in cases where my work can contribute to that, I think that’s great," he wrote in an e-mail message.
Dr. West, you gullible dork, the point isn't to determine what our marijuana policy should be. They're trying to identify cultivation hotspots and send heavily armed narc-soldiers in there to slash and burn everything. If you're not trying to advance any "particular policy judgment," get the hell away from David Murray and stop collecting research grants from ONDCP.

Honestly, I'm hugely in favor of the feds wasting drug war dollars to discover that marijuana is grown basically anywhere you could think of. This ain't exactly drilling for oil. People grow pot wherever there aren’t a lot of drug cops around and make adjustments as necessary. It shouldn't take a laboratory in Salt Lake City to tell you this.

It is typical drug war hypocrisy that ONDCP sits around conducting forensic research, while they can't find so much as a gram to enable meaningful research into the drug's hotly contested medical applications.

Marijuana Dealers Offer Schwarzenegger One Billion Dollars

As California faces a $1 billion budget shortfall, the marijuana industry offers a commonsense solution to the state's fiscal problems:
August 6 -- A coalition of California marijuana growers and dealers has offered Governor Arnold Schwarzenegger one billion dollars to solve the current state budget crisis. The group, calling itself Let Us Pay Taxes makes the offer through its web site LetUsPayTaxes.com. The offer comes at a time when the California legislature is deadlocked on a new budget and California has stopped issuing checks for vitally needed social services. Legislators are currently arguing over which programs will be cut in order to balance the budget. [link]
This effort is the brainchild of drug policy expert/activist Cliff Shaffer, who has hit the nail square on its head. The failure of prohibitionists to grasp the inherent economic lunacy of the drug war has always been particularly startling to me. I grudgingly accept that drug war supporters feel no sympathy for the victims of harsh laws, and even that they clumsily attribute the harmful effects of prohibition to the drugs themselves. Yet, tragic and irrational as these beliefs may be, they do not explain the willingness of government to cast aside billions in taxable commerce.

Marijuana is, after all, the #1 cash crop in the nation. This fact cleanly illustrates the failure of prohibition, while vividly depicting the massive windfall available to any state with the wisdom to pursue regulation. And all this is to say nothing of the incalculable value of discontinuing our current marijuana policy, which is as wasteful and ineffective as can be.

Gov. Schwarzenegger is unlikely to be impressed with this offer, unfortunately, having vetoed California's hemp bill over concerns regarding conflict with federal law. Yet, as Shaffer points out, there is truly nothing the DEA can do to prevent state level regulation of marijuana. The vastly smaller medical marijuana industry has already overwhelmed the agency's enforcement capacity. Ongoing DEA raids are merely a face-saving gesture, designed to confuse legislators in prospective medical marijuana states. The full-scale regulation of the marijuana economy in any state would reveal DEA's genuine impotence, permanently burying the myth that conflict with federal law ensures some sort of brutal showdown.

Having failed to get the point across in so many ways, it's about time to start offering people a billion dollars.

Take this drug tax and...

click on image to enlarge in separate window
This week saw some good news, when a Tennessee judge ruled that the state's "drug tax" -- a drug war revenue collection scheme in which people involved with illegal drugs are required to incriminate themselves by paying taxes, and can be billed after the fact for the tax plus penalties -- is unconstitutional. The ruling came in the case of Steven Waters of Knoxville, who was billed $55,000 in 2005 for a kilogram of cocaine that had been valued at $12,000. Scurrilously, the state intends to continue enforcing the tax as if the ruling never happened, for as long as they can get away with it. The drug tax notice posted here, from which we blotted out the personal information, was sent to us by one of our readers. The state of Iowa is prosecuting him and trying to take his family's house that they've owned since building it in 1876 -- obviously not built with drug money, as he pointed out. The tax, as you can see, is well over $100,000. Because the tax action is civil, not criminal, the level of due process he has available to him is much less -- no judge approved this notice, the revenue agency is just saying he owes them 136K and he better pay up. He hasn't even gone to trial yet, and the notice doesn't even specify the quantity or value of the marijuana. It looks like they treat drug taxes more harshly than other kinds of tax dealt with on the form, as it says "If this assessment is for drug taxes, you have 60 days to appeal, but you cannot pay the amount shown and then file a refund claim after repayment." Our friend claims his innocence, and he made the following argument in one of his emails to me:
"The pot that I am being taxed on was found in containers on my property which I couldn't see from my house. I had less than an ounce in my house. You would think if I were going to keep that much valuable pot just laying in the weeds where anyone could help themselves to it, I would have at least put no trespassing signs on my place, which I didn't."
"You should see the list of damage they did to my things," he added.

widely-distributed Tennessee drug tax stamp image
While I haven't independently verified our reader's account, I believe him, and will continue to unless I learn reasons why I shouldn't. But it almost doesn't matter, because the laws and the punishments are so unjust in any case. And there's no question, if you want to frame someone, in this case maybe even get his house, there's no easier way to do it than with drugs. As he put it, "Pretty good way to rob someone, just put some containers of hemp on his place at night where he can't see it, then take what you want." And while we don't know if that's what happened, again, it almost doesn't matter, from a policy level at least, because it couldn't be easier to do, and therefore it undoubtedly does happen. We run police corruption stories in our newsletter every week, and this week we have a piece of misspending of asset forfeiture funds too. This case involves multiple issues. It involves asset forfeiture, it involves the drug tax, it involves the always unjust prohibition laws, and it demonstrates the potential at least for framing and abuse. Back in Tennessee, it also seems to involve the arrogance of an agency that thinks it can ignore a judge's ruling with impunity, and sadly is probably right. Since the issue of the week is drug taxes (thanks to an enlightened Tennessee jurist), I will conclude this time by saying, "take this drug tax and..."

You know the drug war's been lost when they're growing marijuana right outside the DEA's office...

Via I Was the State: DEA discovers marijuana growing a few hundred yards behind their Dallas office, the Dallas News reports. IWTS rhetorically asks if the Texas marijuana market has been shut down, and points out that marijuana is Texas' 6th highest grossing crop. This is almost right up there with the time a marijuana plant was found growing out of a crack in the New Orleans courthouse, or when a patch of marijuana was spotted growing in a traffic median in Israel. (I'd appreciate if anyone can provide links for these; I remember them but couldn't find anything online.

A better mayor, on drug policy at least...

Vancouver's former mayor, Larry Campbell (now a member of Canada's Senate) has an editorial in the Winnipeg Free Press criticizing both the Liberals and Conservatives in Canada for the increase in marijuana convictions -- the former for not introducing the decrim bill soon enough -- the latter for being, well, just wrong (Sen. Nolin excepted, of course.) Campbell writes:
It's about time that we get over the stigma associated with many of the false assumptions that dominate this debate, and pragmatically move forward on eliminating pot prohibition. As someone who has both walked the streets as a member of the RCMP's drug squad and examined legislation for passage into law as a Senator, I have a sharp understanding of what constitutes a criminal. Those that use pot just don't fit the profile.
Campbell's rational call for change stands in stark contrast to the strong anti-marijuana stance of another former mayor, New York City's Rudy Giuliani, who radically increased marijuana arrests and even opposes medical marijuana use. Campbell's actually for legalization across the board -- according to our 2003 interview with him, though not optimistic of it. Keep up with Canada drug policy news through our topics page here (or the RSS feed for it here). Or just read our newsletter...

Christiania is in trouble again (video)

The marijuana friendly, Danish counter-culture enclave of Christiania is in trouble, according to an article in the UK newspaper The Independent, "On the barricades: Trouble in a hippie paradise." The intro to the article, authored by Cahal Milmo, reads:
[Christiania] was set up in the heart of Copenhagen as an antidote to the selfish society. But Europe's most famous commune is under threat from a right-wing government determined to 'normalise' this relic of the 1970s.
The Legalise Cannabis Alliance (UK) has video footage of what looks like a pretty serious police raid posted to YouTube -- there are links to more video there too.
We published a Chronicle news feature in January 2004 when hash sellers on Pusherstrasse burned their own stands in protest of a looming government crackdown, and again two months later when the trouble hit. Reason's Kerry Howley provides some "fun facts" about Christiania here. Why not just leave the hippies alone, conservative Danish government (and US government)?