DEA

DEA acting chief Michele Leonhart, and her boss, US Attorney General Eric Holder, are bragging about a major, DEA-led operation that has netted 2,200+ arrests, with pounds of drugs and millions of dollars seized. "Project Deliverance" involved more than 300 law enforcement agencies, more than 3,000 DEA agents, and took 22 months. According to DEA's press release, they captured 1,262 pounds of methamphetamine, 2.5 tons of cocaine, 1,410 pounds of heroin, and 69 tons of marijuana, plus $154 million.

Michele Leonhart announcing ''Project Deliverance''

Operationally, Deliverance was certainly a big project -- it's easy to see why they're excited. And for the thousands of people throughout the US who were arrested in it, it's a life-changing event, though for the worse. But will Project Deliverance make any real difference in drug use and the drug trade? Is the operation really a big deal, when examined next to the reality of drug use and the drug trade in the United States today? I hate to be a wet blanket, but if history is a guide, Project Deliverance will have no long-term impact on the drug trade. Though notable in its scale, the operation is only one of many carried out by the US and allied governments over decades. During that time, the measure of drug availability -- price, an increase implies a product is less available, relative to its demand* -- has gone in the opposite of the intended direction, and dramatically. For example, the average US street price of cocaine is less than a fifth in real terms than it was in 1980. Previous drug sweeps have seen their temporary gains erased in just one or two weeks. The reason is that the big sounding numbers touted by Leonhart, while large for the agency and our government, are small compared with the drug trade. Deliverance's 2.5 tons of cocaine constitutes less than one percent of the 300 metric tons of cocaine the government estimates are consumed annually in the US. So does the 69 tons of marijuana. They did get a few percent of the heroin, if numbers don't deceive, but even that's still small. And the 2,200 alleged dealers and traffickers arrested in Project Deliverance make up a similarly tiny fraction of the hundreds of thousands of people employed in the US by the illegal drug trade. Some drug businesses will doubtless be extinguished by Project Deliverance, but others will have little difficulty replacing the lost supply or filling the open positions. And how much powder or weed did the investigators let go by during the 22 months it took to complete the operation? How much will they have to let slip by during the months or years it takes to mount the next one? In an uncharacteristically "big picture" review published a few weeks ago, the Associated Press declared the 40-year drug war a failure by every measure. Will media follow that lead and go beyond the surface in their reporting on Project Deliverance? I have a few suggestions for those intrepid reporters who would like to:

• Ask DEA or DOJ spokespersons if they expect the substances targeted in the sweep to be less available to US consumers of them, and if so for how long.
• Ask them if previous operations, individually or collectively, have had that effect. If they say yes, ask them to be specific as to what their evidence is, and compare it with numbers like the aforementioned cocaine prices.
• Do some follow-up, say two or three weeks from now. Ask government officials, cops who walk the drug beat, and drug users, what if any difference they saw in the supply of the targeted drugs, and if so if they see still any. Follow up again in one or two months. See if DEA will give you early access to the price data.

Be forewarned, though, DEA reps will probably be less excited to address those questions than they were for the press conference. * Nitpickers and drug war defenders may point out that demand for cocaine has also dropped since 1980, and that the price drop could be explained that way. No dice -- frequent, "hardcore" cocaine and other drug use remained roughly constant despite a drop in the number of "casual" users, and it's the frequent users who account for the vast majority of the consumption.

Canadian "Prince of Pot" Marc Emery hasn't even been formally sentenced yet, but he's already being punished for what he does best: opening his mouth for the cause of marijuana legalization. Emery's wife, Jodie, told Canada's CNews Saturday that Emery is now in solitary confinement for violating prison rules. According to Jodie Emery, she recorded his calls from prison and played them as a podcast on the couple's Cannabis Culture magazine web site. That violated a prison rule that phone calls can only be made between a prisoner and the intended recipient and cannot be directed to a third party. Jodie Emery said Marc had read the prison rules and did not think the podcast would be a violation. Now he will spend at least a week in solitary pending a hearing to determine the full extent of his punishment. Emery, Canada's most famous legalization activist, pleaded guilty May 24 to one count of conspiracy to manufacture marijuana, the culmination of a five-year battle between Emery and Canadian and US authorities to extradite and prosecute him for selling pot seeds over the Internet. Two of Emery's employees arrested along with him, Greg Williams and Michelle Rainey, earlier copped pleas and received probationary sentences to be served in Canada. Emery plowed the profits from his business back into the legalization movement, earning the wrath of drug prohibition establishment in both countries. When Emery was busted in 2005, then DEA administrator Karen Tandy gloated in a press release that it was "a significant blow not only to the marijuana trafficking trade in the US and Canada, but also to the marijuana legalization movement." Under federal prison rules, Emery is allowed 300 minutes of phone calls a month and he can communicate via email through a closed computer system called CorrLinks, under which he can log onto a computer and compose a message that is read by prison officials before they send it over the Internet. Emery had used CorrLinks to post numerous dispatches from the gulag, but now, he is denied those privileges and could lose them for up to two months. Emery will remain in the Seattle-area federal detention facility until his formal sentencing September 10. Then he will be transferred to the federal prison at El Reno, Oklahoma, where prison officials will decide where he will be sent to serve his time. Emery's campaign to avoid extradition has now shifted to a campaign to persuade Canadian authorities to allow him to serve his sentence there, as has typically been the case with Canadians convicted of offenses in the US. But the Conservative government has in recent years begun to refuse to accept Canadians imprisoned on drug charges in the US.

Jeffrey Sweetin of the DEA's Denver office on Saturday:

"Technically, every dispensary in the state is in blatant violation of federal law," he said. "The time is coming when we go into a dispensary, we find out what their profit is, we seize the building and we arrest everybody. They're violating federal law; they're at risk of arrest and imprisonment." [Denver Post]

Jeff Sweetin today:

"We are not declaring war on dispensaries," he says -- though he adds with a laugh, "If we were declaring war on dispensaries, they would not be hard to find. You can't swing a dead cat around here without hitting thirty of them."

Sweetin makes note of the fact that the DEA hasn't ever shut down a Colorado dispensary, and the agency doesn't plan on doing so unless there are aggravating factors involved -- like violence, ties to drug cartels or distribution to children. [Westword]

It sounds an awful lot like Sweetin's comments over the weekend may have resulted in somebody important telling him to calm the hell down. What goes on behind the scenes with this stuff is a mystery to me, but I doubt Sweetin figured out on his own that those nasty comments about raiding dispensaries weren't playing well in the press. I'd prefer to think maybe he got a quick phone call from Washington.

The DOJ's "official" policy of respecting state medical marijuana laws is hardly written in stone, leaving more than enough room for a nut like Sweetin to make a big mess provided that nobody yanks his leash. But if one thing is clear about medical marijuana policy under Obama, it's that they have no interest in doing battle with the 80% of Americans who support it. This latest episode isn't the first time one of the President's drug warriors has back-pedaled after making a stupid public comment about medical marijuana. There are new rules in place, and while they still leave much to be desired, it's important to appreciate the extent to which the old smash and grab medical marijuana policy has been put in check.

The point here isn’t that Obama loves medical marijuana, or that the DEA can now be counted on to behave itself. Politicians and drug war soldiers don't change overnight, but the mere expectation that the raids have ended can easily become a self-fulfilling prophecy when the media and the public generally believe such activity is now illegal in addition to being unpopular. Imagine trying to convict a medical marijuana defendant in federal court in the current political climate. If you lose, the Dept. of Justice will look impotent during a period of surging marijuana entrepreneurship, and if you win, Obama will get skewered in the press.

So if rogue DEA officials still feel compelled to go around making angry threats in the newspaper, I say bring it on. The war on medical marijuana gets less popular every time they open their mouths.

For the second time in as many weeks, DEA agents in Colorado raided a medical marijuana operation last Thursday. Highland Park medical marijuana patient and provider Chris Bartkowiscz had been seen showing off his basement garden Tuesday night in a blurb for an upcoming local news report. On Thursday, the DEA raided him, seizing his plants and growing equipment. Bartkowiscz has been jailed pending a decision from the US Attorney's Office on whether to charge him. That decision could come tomorrow. This despite last October's Department of Justice memorandum instructing federal agencies to lay off medical marijuana in states where it is legal—unless the provider is violating both state and federal law. DEA Denver Special Agent in Charge (SAC) Jeffrey Sweetin apparently didn't get the memo. Either that, or he is blatantly thumbing his nose at his bosses, the American attorney general and president. In a Saturday interview with local TV 9 News, Sweetin said that even though state law allows for medical marijuana, federal law does not. "We will continue to enforce the federal law. That's what we are paid to do," he said. Sweetin said the Justice Department guidelines give him discretion. "Discretion is: I can't send my DEA agents out on 10-plant grows. I'm not interested in that, it's not what we do. We work criminal organizations that are enterprises generating funds by distributing illegal substances," Sweetin said. Sweetin left open the door to go after medical marijuana dispensaries. "Technically, every dispensary in the state is in blatant violation of federal law. The time is coming when we go into a dispensary, we find out what their profit is, we seize the building and we arrest everybody. They're violating federal law; they're at risk of arrest and imprisonment," he told the Denver Post. "Technically, every dispensary in the state is in blatant violation of federal law." The October Justice Department memo said the feds should not go after people in "clear and unambiguous compliance with existing state laws providing for the medical use of marijuana." The memo said nothing about "large grows" or dispensaries not be included. Denver medical marijuana attorney Robert Corry is waiting to see whether the feds will charge Bartkowiscz. On Saturday, he filed a complaint with the Justice Department against Sweetin and the DEA, saying the raid on Bartkowiscz violated the agency's policy on enforcing drug laws in states that allow medical marijuana. Has Sweetin gone rogue? Or is the Obama administration retreating from the position staked out in the October memo? Stay tuned.

After stalling for a whole year, the White House has finally announced Obama's choice to head the DEA. And there isn’t anything good to be said about it:

For those hoping that Barack Obama would wage the war on drugs less aggressively than his predecessor, this is not a good sign: Yesterday he announced that the new head of the Drug Enforcement Administration will be Michele Leonhart, a career DEA agent who has been the agency's deputy administrator since March 2004 and its acting administrator since November 2007. [Reason]

For all the recent rhetoric about changing the focus of our drug policy and moving beyond the war mentality that's gripped this issue for decades, the White House now plans to promote a Bush Administration holdover who couldn’t more perfectly embody the ugly history we're all working so hard to put behind us.

It was Leonhart who gave marching orders in the federal war on medical marijuana, right up to and even after the Obama Administration pledged to respect state laws. She celebrated the inauguration with a cleverly-timed, though transparently dishonest move to continue blocking medical marijuana research despite the ruling of a DEA administrative law judge. She's been closely tied to the sketchiest career informant in DEA history, even making light of his reputation for perjury. And she even managed to get her name in the press by wasting $123,000 in taxpayer money on a private flight to Colombia, even though the DEA owns 106 airplanes.

Leonhart's nomination is an affront to the Obama Administration's promises of a more enlightened drug policy approach. It's also a clear statement that they don't think we're paying attention to the faces behind the drug war's rich and recent history of arrogance, ignorance and injustice. Let's prove them wrong by opposing this embarrassing nomination as loudly as we can.

Please contact the White House today to tell them that Michele Leonhart's DEA career has already gone on far too long.

There are many ways for drug warriors to sound heartless and cruel in the drug policy debate, but one of the worst is certainly the objection to life-saving harm reduction programs. Just watch this DEA spokesman complain about efforts to reduce HIV infection in New York:



Harm reduction is a matter of public health for everyone, not just drug users. To frame this as a simple question of whether we should be "teaching people how to do drugs" is powerfully shortsighted and oblivious to the actual risks that drug policy should seek to address.

It's incredible that these drug warriors spend so much time warring against imaginary and exaggerated drug threats, while simultaneously opposing sensible approaches in those areas where legitimate health concerns do exist.

Last week's big news that the American Medical Association reversed its position on medical marijuana struck a huge blow to the reefer madness crowd, which has heavily touted the esteemed organization's past position as a primary excuse for prohibiting medical use. Yesterday, the DEA finally revised its website after LEAP and MPP pointed out that AMA was still listed as an opponent of medical marijuana.

Rarely, if ever, has the DEA responded so quickly and cooperatively when activists complained about the accuracy of government anti-drug propaganda. But, the job isn't done just yet. It seems the clever folks at DEA took our complaints literally, and only fixed the page we mentioned, rather than making all the necessary corrections.

DEA's youth website, JustThinkTwice.com, still contains two separate inaccurate statements about AMA's position on medical marijuana:

http://www.justthinktwice.com/factfiction/MarijuanaisMedicine.cfm

"The American Medical Association has rejected pleas to endorse marijuana as medicine, and instead has urged that marijuana remain a prohibited, Schedule I drug, at least until more research is done."

http://www.justthinktwice.com/stumbleweed/rx_pot_01.htm

"The American Medical Association rejected marijuana as medicine."

Of course, it's quite likely that similar claims can still be found elsewhere on DEA websites and it's their responsibility to clean up the mess. Hopefully, DEA is more familiar with its own web content than we are, so it shouldn’t be too hard to go through there and set everything straight.

Let's all do our part to help DEA with the editing process by copying the links above and clicking here (then scroll down) to send them a reminder that more corrections are needed. When it comes to providing the public with accurate and up-to-date information about drugs, the DEA is in desperate need of our asistance, so please take a few moments to lend them a hand.

Update: Our friends at LEAP have created an action alert where you can send a pre-written message to DEA & ONDCP requesting the necessary corrections.

The DEA issued an NPRM to place 5-MeO-DMT in Schedule I and has reopened the period for public comment because the first notice was defective. So far one substantial objection has been posted which objects primarily on grounds the Controlled Substances Act is unconstitutional rather than the sham findings for placement in Schedule I. I'll copy some of that argument below from PUBLIC SUBMISSION DEA-2009-0008-0007.1.

Editor's Note: We wanted to get this important story posted today, but we will develop it further for the Drug War Chronicle on Friday. In a new federal medical marijuana policy memo issued this morning to the DEA, FBI, and US Attorneys around the country, the Justice Department told prosecutors that medical marijuana patients and providers in states where it is legal should not be targeted for federal prosecution. The memo formalizes statements made by Attorney General Eric Holder in February and March that going after pot-smoking patients and their suppliers would not be a high Justice Department priority. The memo marks a sharp break with federal policy under the Clinton and Bush administrations, both of which aggressively targeted medical marijuana operations, especially in California, the state that has the broadest law and the highest number of medical marijuana patients. The announcement of the policy shift won kudos from the marijuana and broader drug reform movement. But some reformers questioned what the shift would actually mean on the ground, pointing to DEA raids and federal prosecutions that have occurred since Holder's signal this spring that the feds were to back off, as well as continuing controversies, especially in California, over what exactly is legal under state law. Others noted that for real protection to be in place, federal law—not just prosecutorial policy—needs to change. In the memo, federal prosecutors were told that going after people who use or provide medical marijuana in accordance with state law was not the best use of their time or resources. According to the memo, while the Justice Department continues to make enforcing federal drug laws a key mission:

"As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources."

But the memo also said that federal prosecutors should continue to target marijuana production or sales operations that are illicit but hiding behind state medical marijuana laws. It explicitly singled out cases involving which involve violence, the illegal use of firearms, selling pot to minors, money laundering or involvement in other crimes. "It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, but we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal," said Attorney General Holder. "This is a huge victory for medical marijuana patients," said Steph Sherer, executive director of Americans for Safe Access, the nationwide medical marijuana advocacy organization, which had been in negotiations with the Justice Department to get written guidelines issued. "This indicates that President Obama intends to keep his promise not to undermine state medical marijuana laws and represents a significant departure from the policies of the Bush Administration," continued Sherer. "We will continue to work with President Obama, the Justice Department, and the US Congress to establish a comprehensive national policy, but it's good to know that in the meantime states can implement medical marijuana laws without interference from the federal government." "This is the most significant, positive policy development on the federal level for medical marijuana since 1978," said the Marijuana Policy Project in a message to its list members today. "It's great to see the Obama administration making good on the promises that candidate Obama made last year. These new guidelines effectively open the door to sensible collaboration between state governments and medical marijuana providers in ensuring that patients have safe and reliable access to their medicine," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "What remains unclear is how the Justice Department will respond to rogue state attorneys, such as San Diego's Bonnie Dumanis, who persist in undermining state medical marijuana laws in their local jurisdictions. Now is the right time for the Obama administration to move forward with federal legislation to end the irrational prohibition of medical marijuana under federal law." While the policy memo was "encouraging," the "proof will be in the pudding," said California NORML head Dale Gieringer, who also cited the recent raids in San Diego, as well as the August federal indictment of two Lake County medical marijuana providers. "Note that the new Obama policy has a glaring loophole, emphasizing that 'prosecutors have wide discretion in choosing which cases to pursue, and ... it is not a good use of federal manpower to prosecute those who are without a doubt in compliance with state law,'" Gieringer said. "The salient question is, who decides what is 'without a doubt' in compliance with state law? As shown by the recent statements of LA's DA and City Attorney, there exist significant doubts about the legality of most dispensaries in California. It remains to be seen how far the administration's new policy guidelines will go to prevent further abuses, when what is really needed is fundamental reform of federal laws and regulations." And so opens the next chapter in America's long, twisted path to the acceptance of medical marijuana.