Executive Branch

A massive DEA operation featuring dozens of heavily armed agents and at least four helicopters ended with the arrests of five people in California's Lake County last week. According to California NORML, the arrests are believed to be the first since the Obama administration announced it would not persecute medical marijuana providers in states where it is legal unless they violated both state and federal law. The DEA seized 154 marijuana plants from Upper Lake resident Tom Carter, and arrested him, former UMCC dispensary operator Scott Feil and his wife, Steven Swanson, and Brett Bassignani. Carter is a registered medical marijuana patient and provider, and his wife, Jamie Ceridono, told the Lake County News he was growing for several patients and his grow was legal under state law. The genesis of the bust appears to lie with an alleged May deal between a DEA informant and Bassignani to purchase marijuana. According to documents filed by Carter's federal defenders late last week, the informant claimed to have arranged to buy marijuana from Carter and to have left a voicemail message for Carter to set up the deal. That same informant allegedly made a deal to buy marijuana from Bassignani. In the document, the federal defenders said prosecutors made no claim that Carter ever heard the phone message the informant allegedly called and that they set out no evidence linking Carter and the informant. "All the complaint says is that another individual, Mr. Bassignani, called the informant, claimed he worked for 'Carter Construction,' and arranged a marijuana deal," Carter's defense attorneys wrote. "The deal later took place, and the only other reference to Mr. Carter is the conclusory claim that the informant 'had agreed on the price with Carter.' No context, no specifics, and no other information is provided in the complaint which indicates that Mr. Carter in fact talked to the informant, arranged a marijuana deal, and indicated that he (Carter) was knowingly involved in a marijuana transaction." Moving that the two felony counts of marijuana trafficking against Carter be dismissed, the attorneys added: "This complaint is sadly deficient with regard to whether Mr. Carter has done anything to indicate that he conspired to break the law. It should be dismissed accordingly." It is unclear why Feil and his wife were arrested. They are neighbors of Carter and his wife. Carter and Feil are being held in Oakland, where they are set to have initial detention hearings today and tomorrow. Federal prosecutors have asked that Carter be held pending trial "on the basis of flight risk and danger to the community." Carter is a long-time resident of Upper Lake, prominent construction contractor, and community benefactor. "California already has enough federal marijuana criminals," said CANORML coordinator Dale Gieringer, "It's time for concrete changes in federal law." While the Obama administration has announced it would no go after law-abiding medical marijuana providers, the DEA has conducted at least two raids against providers in San Francisco and Los Angeles, although there have been no arrests in those cases. The administration has not announced any changes in federal laws or regulations around medical marijuana, and Bush appointees continue to serve in the DEA and the US Attorney's Office of Northern California, which is prosecuting the case.

The legal plight of medical marijuana provider Charlie Lynch has provided a useful instrument with which to measure the new administration's commitment to respecting state medical marijuana laws. Attorney General Eric Holder has stated that only cases involving violation of state laws will be pursued, prompting the judge in Lynch's trial to request guidance from the Dept. of Justice before handing down the sentence. Here's what came back:

…in response to the Court's inquiries, the Office of the Deputy Attorney General has reviewed the facts of this case and determined that the investigation, prosecution, and conviction of defendant are entirely consistent with the policies of DOJ and with public statements made by the Attorney General with respect to marijuana prosecutions.

Huh!? That can only be true if Lynch violated California's medical marijuana laws, which hasn't been proven in court (he was only charged under federal law), and is entirely inconsistent with his well-documented cooperation with local authorities including the city council and chamber of commerce.

Charlie Lynch is exactly the sort of defendant we aren't supposed to be seeing anymore under Obama, and yet here he is, scheduled to be sentenced on Thursday and the new administration won't lift a finger to stop it. He'll likely receive a 5-year mandatory minimum for doing something the President has repeatedly said would not be prosecuted under his administration. It's just that simple.

On Thursday, we'll find out exactly how much Obama's campaign promises were worth. This won't go down quietly. Stay tuned.

Speaking in Mexico today, President Obama embraced the exact hard-line drug war philosophy he rejected on the campaign trail:

Obama acknowledged that the United States shares responsibility for bloodshed and kidnappings in Mexico that have spilled across the border into the United States. Acknowledging that U.S. drug use fuels the cartels, Obama said, "I will not pretend this is Mexico's responsibility alone."

"We have a responsibility as well, we have to do our part," Obama said. He said the U.S. must crack down on drug use and the flow of weapons into Mexico. [AP]

Specifically, he said, "We have to crack down on drug use in our cities and towns," and while I've been accused at times of giving Obama too much credit when it comes to drug policy, there's just no silver lining in any of this. A crackdown is a crackdown. Anyone who talks that way is a full-blown drug warrior. He's always talked tough when it comes to Mexico, but this flat-out endorsement of busting drug users here at home is a new low.

Thus, Obama becomes a rather peculiar specimen as far as drug war politics are concerned. This is a guy who's talked about decriminalizing marijuana and "shifting the model" in the war on drugs, only to then take a step backwards after achieving enough to power to actually move those ideals forward in a meaningful way. Some have questioned his sincerity all along, but I don't. Drug policy reform just makes sense, so when I hear someone talking about it, I assume they understand the words coming out of their own mouth.

…which brings me to the tragic conclusion that Obama is doing all of this even though he knows it's wrong. Lives are being lost in a brutal and escalating war, while billions are being wasted away during an escalating economic meltdown, and he's opting to fan the flames rather than show real leadership. It's arguably even more disgraceful than what we've seen from our opponents in the past, because Obama bears the burden of knowing the truth.

Regardless of whatever the hell is going on in the President's head, it is just a fact that the American people have never been so sick of the war on drugs as they are this exact moment. There is a national dialogue about our drug policy taking place in the press on a daily basis, fueled to no small extent by Obama's own hypocrisy and intransigence. Determined though he may be to repeat the mistakes of his predecessors, Obama will not escape scrutiny as they did. That much is already clear.

Via NORML's Russ Belville, CBS's Bob Schieffer asked President Obama about the drug war violence in Mexico and got this surprising response:

President Obama:  Well, what’s happened is that President Calderon I think has been very bold and rightly has decided that it’s gotten carried away. The drug cartels have too much power, are undermining and corrupting huge segments of Mexican society. And so he has taken them on in the same way that when, you know, Elliot Ness took on Al Capone back during Prohibition, oftentimes that causes even more violence. And we’re seeing that flare up.

I honestly cannot believe the president is looking towards alcohol prohibition for a little perspective on our present predicament. Everyone knows that story. Elliot Ness didn't defeat those cartels. Legalization defeated them.

So far, Obama's favorite thing about being president is getting to read all the marijuana-related questions on his website. If it weren't, then he'd surely have stopped inviting us to submit questions, right? He loves you. Each and every one of you.

That's why WhiteHouse.gov is now accepting your questions on the economy. It's broken down into several categories, but multiple sections are utterly dominated by marijuana reform questions. Apparently, Americans' #1 economic concern is that marijuana is illegal.

As we've done several times now, let's make damn sure the new administration sees the potency of our movement by keeping drug policy reform questions in top position. The site also encourages you to vote against questions you're less interested in, so feel free to do that too.

The point isn't that marijuana laws are necessarily the top economic issue right now, but rather that the drug war went over budget a long, long time ago. It's one bad program that needs to go immediately if we're serious about making responsible decisions in tough times. Filling our prisons with non-violent drug offenders was bad enough when we still had the money to do it. Those days are behind us and no excuses remain for the political culture that has long championed the grand fiasco that now festers before our eyes.

At this moment of grave economic uncertainty, the obligation of our leaders to justify their programs and expenditures has never been greater. Unless or until Obama can come forward and confidently defend every damn dollar that is poured into the war on drugs, these questions will continue to dominate every public forum he holds.

Friends, this is a moment we’ve been anticipating for a long time:

The White House said it expects those kinds of raids to end once Mr. Obama nominates someone to take charge of DEA, which is still run by Bush administration holdovers.

"The president believes that federal resources should not be used to circumvent state laws, and as he continues to appoint senior leadership to fill out the ranks of the federal government, he expects them to review their policies with that in mind," White House spokesman Nick Shapiro said. [Washington Times]

It looks like we’re on the verge of a major victory for state medical marijuana laws. For over a decade, this battle has raged from the hills of California to the Nation’s Capital. It has been a defining cause, not only for the medical marijuana community, but for drug policy reform as a whole.

There is no question that a great many challenges remain in our path, but let’s all take a moment to reflect on the fact that our president is poised to order the DEA to stand down. That is not something that happens easily or often. Today’s news suggests the pending culmination of a substantial effort by a broad coalition that is frequently perceived to lack meaningful political leverage. The political landscape is changing before our eyes and I believe we have much to look forward to.

(Please participate in our online action alert and our Facebook petition on this issue.)

Blogger Lee Rosenberg has authored a six-part series on Joe Biden's role in the drug war, a pretty important topic. While Biden's views on drug policy have certainly improved in recent years, we don't really know how much they have changed, and the history is a pretty bad one. Rosenberg therefore concludes with the $60,000 question (if $60,000 isn't too quaint a number by now):

Unlike his experience in foreign policy and his knowledge of the Middle East (which I’m often impressed by), Joe Biden’s history as a drug warrior likely wasn’t a factor in him becoming Vice President. But as he sets out to play a very critical role in advising a President who might be scrutinized like no other, will he be a continual stumbling block for the reform we desperately need on this front? Will he be the devil on Barack Obama’s shoulder about the drug war in the same way that Dick Cheney was the devil on George Bush’s shoulder about the war on terror?

Only time will tell...

Uh-oh. Looks like Obama has yet to deliver on his promise to end the medical marijuana raids:

Oakland, CA -- The Drug Enforcement Administration (DEA) raided a medical marijuana dispensary today in South Lake Tahoe, California, in the first days of the new Obama Administration. Even though President Barack Obama had made repeated promises during his election campaign to end federal raids in medical marijuana states, many high-ranking Bush Administration officials have yet to leave office. For example, still at the helm of the DEA is acting Administrator Michele Leonhart, who has been responsible for numerous federal raids in California, following in the footsteps of her predecessor Karen Tandy. Neither Eric Holder, President Obama's pick for U.S. Attorney General, nor a new DEA Administrator, have taken office yet. [Americans for Safe Access]

It’s too early to accuse Obama of turning his back on the patients he pledged to defend, but it’s a clear sign that the new president will have to take concrete steps towards ending the DEA’s controversial crusade in California. It won’t stop just because he said it would. He has to actually do something to stop this.

We’ll soon have new leadership at the Dept. of Justice and it will become perfectly clear to everyone what Obama’s priorities really are. Until then, we’re stuck with George Bush’s drug war under Barack Obama’s watch. The new administration has done its best to avoid publicly discussing marijuana policy, so let’s hope they understand that ending these raids promptly is the best way to avoid ugly headlines.

President Obama’s new WhiteHouse.gov site has several drug policy related items worth noting:

* End Racial Profiling: President Obama and Vice President Biden will ban racial profiling by federal law enforcement agencies and provide federal incentives to state and local police departments to prohibit the practice.
* Reduce Crime Recidivism by Providing Ex-Offender Support: President Obama and Vice President Biden will provide job training, substance abuse and mental health counseling to ex-offenders, so that they are successfully re-integrated into society. Obama and Biden will also create a prison-to-work incentive program to improve ex-offender employment and job retention rates.
* Eliminate Sentencing Disparities: President Obama and Vice President Biden believe the disparity between sentencing crack and powder-based cocaine is wrong and should be completely eliminated.
* Expand Use of Drug Courts: President Obama and Vice President Biden will give first-time, non-violent offenders a chance to serve their sentence, where appropriate, in the type of drug rehabilitation programs that have proven to work better than a prison term in changing bad behavior.
...
The President also supports lifting the federal ban on needle exchange, which could dramatically reduce rates of infection among drug users. President Obama has also been willing to confront the stigma -- too often tied to homophobia -- that continues to surround HIV/AIDS.

Seeing racial profiling, sentencing reform and needle exchange on the White House website ain’t bad at all. If these are the issues the new administration is prepared to address immediately, that’s a respectable forward step for criminal justice reform.

Heck, its decent enough that I wonder why his transition team didn’t mash this together into a response to that tricky drug war question they so blatantly dodged over at Change.gov. Regardless, it’s interesting to consider these policy statements in light of the unresolved drug czar selection process. Any candidate who embraces this stuff would be a major improvement to be sure.

Unfortunately, the site isn’t completely devoid of tough-guy drug war talk:

Obama and Biden will demand the Afghan government do more, including cracking down on corruption and the illicit opium trade.

Thus, despite the positive steps outlined above, Obama still suffers from the notion that drug prohibition can be a stabilizing force in international politics. This will prove to be our greatest obstacle under the new administration, as we’ve heard nothing encouraging from Obama with regards to international drug policy and things are getting damn ugly out there.

We’ve talked a lot here about Obama’s reluctance to openly discuss drug policy. We’ve been disappointed if not surprised that our domination of his Change.gov website failed to provoke an intelligent response. As activists, that’s just what we do and we won’t stop anytime soon.

But we’d be foolish to let our frustration obscure the magnitude of what just happened. The American people just put a person of color in the White House. How many of you thought you’d see this in your lifetime? I didn’t. It’s so incredible to me, I still struggle to process it as the reality of all this periodically penetrates my entrenched political cynicism and I summon for a moment a hope-like sensation that must be what everyone’s been talking about.

It’s not about Obama or his policies, it’s about the American people. It shows that we’re capable of transcending centuries of prejudice and idiocy, provided that circumstances are properly aligned. It’s purely symbolic, of course, but powerfully so.

I guess what I’m trying to say is that I thought we’d end the drug war long before electing an African-American president. I’m amazed to learn that legalizing drugs is actually the more difficult undertaking. But so be it. To anyone who says overcoming drug prohibition is just an impossible fantasy, I say "Barack Obama is the president."