FEATURE: BUSTED FOR HANDING OUT CLEAN NEEDLES -- THE
MONO PARK 2 FIGHT BACK IN CALIFORNIA'S CENTRAL
VALLEY
Modesto,
California, is a sleepy, dusty, economically struggling small
city in California's Central Valley. With high levels of
methamphetamine and other injection drug use, it is a locale
crying out for needle exchange programs. But local officials
disagree, and when activists did it anyway, they got busted.
Now, they're fighting back.
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LATIN AMERICA: MEXICO DRUG WAR
UPDATE
For Mexico,
drug prohibition is the deadly gift that keeps on giving. A
thousand people have been killed in the past 40 days, and this
year's death toll has now passed 6,000. And it seems to be
accelerating.
FEEDBACK: DO YOU READ DRUG WAR
CHRONICLE?
Do you read
Drug War Chronicle? If so, we need your feedback to evaluate our
work and make the case for Drug War Chronicle to funders. We
need donations too.
SOUTHWEST ASIA: AFGHAN OPIUM TRADE WREAKING GLOBAL
HAVOC, UNODC WARNS
The UN
Office on Drugs and Crime has issued a dire new report warning
that the Afghan opium trade is spreading addiction, disease, and
insurgency. Too bad it doesn't address the role of global drug
prohibition in exacerbating all these problems.
ASIA: DRUG USERS FORM REGIONAL
ORGANIZATION
Drug users
are organizing in Asia. After two years of meetings, the Asian
Network of People who Use Drugs (ANPUD) has been created in the
vein of "nothing about us without us."
WEEKLY: BLOGGING @ THE SPEAKEASY
"The Daily
Show's Best War on Drugs Moments," "Christian Science Monitor
Thinks Arresting Cancer Patients Will Stop Marijuana
Legalization," "John Stossel and Bill O'Reilly Debate Drug
Legalization," "Oakland Airport's Awesome Marijuana Policy,"
"Cartoon: The First Time I Smoked Pot," "Obama's New Medical
Marijuana Statement: What Just Happened?," "Do You Know Your
Rights When Dealing With Police?," "Has Anyone Seen Former Drug
Czar John Walters Lately?," "Washington Post Story on Crack
Sentencing Bill."
In a new federal
medical marijuana policy memo issued Monday 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 unless they are violating state law. 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
.
Madison, WI
medical marijuana march, this month, by 'Is My Medicine Legal
Yet?'
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.
Not everyone was pleased with the move. Comments critical of
the move have come down from some conservative politicians and a
handful of newspaper editorial boards. But they appear to be a
distinct minority.
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 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.
DOJ
memo
Head of the Office of National
Drug Control Policy Gil Kerlikowske was quick to point out
that the memo didn't legalize marijuana or medical marijuana,
and that prosecutions could continue. "It is important to
recognize that these guidelines provide clarity for federal
prosecutors regarding the appropriate use of federal resources,"
he said in a statement
Monday. "They do not declare marijuana, whether 'medical' or
not, as legal under federal law; nor do they preclude the
appropriate prosecution, under federal law, of marijuana
dispensaries in those states that allow them. The Department of
Justice's guidelines strike a balance between efficient use of
limited law enforcement resources, and a tough stance against
those whose violations of state law jeopardize public health and
safety. Enforcing the law against those who unlawfully market
and sell marijuana for profit will continue to be an enforcement
priority for the US government," the drug czar warned.
The DEA was also quick to point out that while it "welcomes"
the new guidelines, it will continue to go after "criminals."
"These guidelines do not legalize marijuana," the agency said in
a Thursday statement. "It is not the practice or policy of DEA
to target individuals with serious medical conditions who comply
with state laws authorizing the use of marijuana for medical
purposes. Consistent with the DOJ guidelines, we will continue
to identify and investigate any criminal organization or
individual who unlawfully grows, markets or distributes
marijuana or other dangerous drugs. Those who unlawfully possess
firearms, commit acts of violence, provide drugs to minors, or
have ties to other criminal organizations may also be subject to
arrest."
Despite the disclaimers and demurrals, patient advocates
hailed the move. "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 Monday.
"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."
Iowa Republican Sen. Chuck Grassley was not concerned about
the subtleties of the policy shift as much as he was about
turning a blind eye to a violation of federal law. "I think that
marijuana is a gateway to harder drug use," Grassley said in a
Wednesday
statement. "Medical marijuana brings a certain amount of
legitimacy to an illegal drug, even though it attempts to do it
in a legal way. We have a federal law that is intended to outlaw
its use. That federal law ought to be enforced. It was enforced
in the previous administration and I think having a national
program against drug use is very, very important."
Demonstrating a lack of information about who is supplying
California medical marijuana dispensaries, Grassley attempted to
link them to Mexican drug cartels. While some medical marijuana
providers may be acting legally under state law, he said, "most
of the marijuana that flows into the United States comes from
the drug lords."
But Grassley appeared to be fighting a lonely rear-guard
action. In what may be a sign that even politicians in
Washington understand the popularity of medical marijuana, the
Obama administration move has generated little other critical
comment from the right or from the mainstream media. While
numerous newspaper editorial boards have come out in favor of
the move, the Christian
Science Monitor was nearly alone among major newspapers in
condemning it.
And so opens the next chapter in America's long, twisted path
to the acceptance of medical marijuana.
Hit hard by a double whammy of drought and
economic slowdown, California's Central Valley has become a
hotbed of methamphetamine and other injection drug use. Now, the
dusty town of Modesto, in Stanislaus County, has become a focal
point in the statewide and nationwide battle over how to help
injection drug users. Last week, two volunteers at an
unsanctioned needle exchange were in court in Modesto hoping to
reach a plea bargain after they were arrested in April for
handing out syringes. Now known as the Mono Park 2, they're
looking at serious jail time for trying to save lives.
needle
exchange site (vch.ca)
The deal was supposed to be that Stanislaus County District
Attorney Birgit Fladager would drop drug paraphernalia
possession charges against exchange volunteers Kristy Tribuzio
and Brian Robinson if they agreed to quit handing out needles
until there was a legal program in place. But that didn't
happen. Instead, at the last minute, the DA rejected the plea
deal. Another hearing is set for November 9. If the DA and
defense attorneys cannot reach agreement then, the case will go
to trial.
The case has its genesis in longstanding efforts to win
official approval for a needle exchange in Modesto. California
law allows for needle exchanges, but only as a local option. The
county board of supervisors must declare a health emergency in
order for needle exchanges to operate legally.
In a 2008 report, Containing
the Emerging Threat of Hepatitis through a Syringe Exchange
Program (begins on page 22), the Stanislaus County Civil
Grand Jury recommended the county authorize syringe exchanges
and implement them either directly or through a community based
contractor. The effort also had the support of county public
health officials, including Public Health Department, the
Advisory Board for Substance Abuse Programs, the Local AIDS
Advisory Implementation Group, and the Hepatitis C Task Force,
who cited a high incidence of Hepatitis C. They cited research
indicating that needle exchanges reduced the spread of
blood-borne diseases, brought injection drug users into contact
with public health workers, and did not result in increases in
drug use.
But despite the input from the public health community and
the grand jury report, the Stanislaus County Board of
Supervisors a year ago voted unanimously against allowing needle
exchanges. In so doing, they heeded their own prejudices and
those of law enforcement over science-based policies and the
advice of the public health community.
County Sheriff Adam Christianson and DA Fladager both spoke
out against needle exchanges, saying they would enable drug
users to continue their addiction. Fladager said needle
exchanges sent the wrong message to young people and encouraged
them to think the county would take care of them if they become
addicted.
"All of the challenges we are faced with in Stanislaus
County, the gangs, methamphetamine, crimes, all have elements of
drug addiction," Christianson said. "A syringe exchange program
enables people to continue with their drug addiction."
widely-used
needle exchange logo
Noting that Hep C was not a big issue for the county because
most patients are covered by insurance, Supervisor Bill O'Brien
also objected on bizarre moral grounds. "Then there's the human
issue. Giving a drug user a clean needle is not the best thing
for him. Illegal drug use has a risk, and making it safer
promotes it," he said.
Supervisor Jim DeMartini thanked the grand jury for the
report, but then dismissively added, "Like many well-intentioned
programs that don't work out, this will never work out and
deliver the benefits promised."
Too bad the sheriff, the DA, and the county board don't agree
with the nation's drug czar. "Needle exchange programs have been
proven to reduce the transmission of blood-borne diseases," Gil
Kerlikowske told Congress during confirmation hearings earlier
this year. "A number of studies conducted in the US have shown
needle exchange programs do not increase drug use. I understand
that research has shown these programs, when implemented in the
context of a comprehensive program that offers other services
such as referral to counseling, healthcare, drug treatment,
HIV/AIDS prevention, counseling and testing, are effective at
connecting addicted users to drug treatment."
Given the knowledge base about the effectiveness of exchanges
and the evident human need for them in Modesto, needle exchange
advocates were not content to simply roll over and die. Instead,
they created an unauthorized needle exchange in the city's Mono
Park, also known as needle park by residents because of the used
needles littering the ground there. The program was publicized
and went along on a low-level basis without a hitch until April,
when, after an elaborate undercover sting, police swooped down
and arrested the exchange volunteers.
Kristi Tribuzio just happened to be volunteering with the
needle exchange the day the bust went down. Now, she's one of
the defendants. "There was a direct need for this, and when I
found out there was an existing exchange -- I saw a flyer on a
telephone pole -- I asked how is this happening?" she said. "I
got involved; I was just going out there for the people. An
undercover cop came up and did an exchange, and then, a little
later eight to 10 undercover officers drove up with a drug dog
and arrested us. It was pretty harsh and crazy," she
recalled.
"Looking back, Brian and I think it was maybe naive of us to
just go out there and do something that was helping people in
line with other syringe exchange programs," said Tribuzio. "We
didn't understand what the consequences could be."
Now, she and Robinson face up to a year in jail for violating
the paraphernalia law. For Tribuzio, there were other
consequences, including the loss of her contract position with
the Stanislaus County drug and alcohol education and prevention
program. "I was laid off two days after I was arrested. Because
I was a contract worker, they didn't need a reason to fire me,
and no official reason was given. Ironically, my employer
supports needle exchange," she said. "Maybe that's why they laid
me off instead of firing me for cause. Now, at least, I can get
unemployment."
Tribuzio had previously worked as a substitute teacher, but
she can't do that now, either. "I'm getting an MA in education,
and I have a teaching credential, but my credential is now
suspended," she said. "Imagine, a teacher in San Francisco could
be doing just what I did, and there would be no problem."
That's because needle exchanges have been authorized by the
San Francisco County Board of Supervisors, just as they have in
most large California cities. But in more conservative locales,
like the Central Valley, the fight is more difficult, and
therein lies the problem -- and the solution -- said one
prominent harm reductionist.
"What we need is to get legislation authorizing syringe
exchanges on a statewide level rather than our current system,
which requires that they be authorized by local authorities,"
said Hilary McQuie, Oakland-based Western director of the Harm Reduction
Coalition. "Requiring local authorization means we have to
deal with 54 jurisdictions instead of just one, and the politics
makes it really difficult in conservative places like Fresno or
Modesto. It will be really difficult to get syringe exchange
approved in Modesto without a statewide mandate," she said.
Short of that, needle exchange advocates need to carefully
lay the groundwork beforehand, she said. In that respect, the
Modesto needle exchange perhaps suffered from political naivete.
"The effort with the grand jury in Modesto was done in good
faith, but the grand jury finding required a response from the
Board of Supervisors within three months," she noted. "They
hadn't really lined up their support with the Board, and the
Board ended up voting against it. That was problematic."
While personally difficult for Tribuzio and Robinson, the
battle over needle exchanges in Modesto has moved the issue
forward locally and stirred support from around the country and
the world. A Mono Park 2 Defense Committee has formed to back
them. At last week's hearing, more than a dozen supporters were
present in court, and the pair had letters of support from some
35 public health and harm reduction organizations here and
abroad.
"We've gotten a ton of support from the harm reduction
community," said Tribuzio. "This whole thing has been stressful
and overwhelming for us, but they've given us a wealth of
training, knowledge, and support, more than we ever expected.
We've gotten support from people in other exchanges, and letters
of support from around the world. We've also been building
alliances with people in the community. Things in the Central
Valley are crazy, and we can't turn our heads away in the face
of disease. Now, at least, people are paying attention."
While Robinson and Tribuzio wait for their legal problems to
be resolved, they continue to work with at-risk communities.
"After the bust, we started Off The Streets, and that does
everything except for needle exchange," said Tribuzio. "We're
doing needs assessments, trying to get our fingers on the pulse
of the community, trying to help where we can."
For McQuie, the trials and tribulations of the Mono Park 2
are, sadly, par for the course. "This is how most of the
programs got started, doing them illegally, so they're in good
company," she said.
Our organization, StoptheDrugWar.org (DRCNet), is a
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but in the court of public opinion and then in Congress.
Mexican drug trafficking organizations make billions each
year trafficking illegal drugs into the United States, profiting
enormously from the prohibitionist drug policies of the US
government. Since Mexican president Felipe Calderon took office
in December 2006 and called the armed forces into the fight
against the so-called cartels, prohibition-related violence has
killed over 12,000 people -- the body count passing 6,000 for
2009 so far this week. The increasing militarization of the drug
war and the arrest of several high-profile drug traffickers have
failed to stem the flow of drugs -- or the violence --
whatsoever. The Merida initiative, which provides $1.4 billion
over three years for the US to assist the Mexican government
with training, equipment and intelligence, has so far failed to
make a difference. Here are a few of the latest developments in
Mexico's drug war:
Ciuded Juárez
(courtesy Daniel Schwen,
Wikimedia)
Friday , October 16
In Michoacan, three
bodies were found, all with messages attached. The messages
were directed at the Zetas organization, and appear to have been
from La Familia. La Familia was once part of the Zetas
organization, but the two groups have been fierce rivals since
the group split from the Gulf Cartel (and the Zetas) in 2006. In
other parts of Mexico, two men were assassinated in Tijuana, and
a boy who was jogging was killed after being caught in a
firefight between gunmen and the army in Tamaulipas. Five people
were murdered in Culiacan, Sinaloa, three in Hermosillo, Sonora,
one in Durango, and six in the Ciudad Juárez area.
Saturday , October 17
In Tijuana, the
nude, mutilated body of a man was found hanging from an
expressway overpass. It is the second such discovery found in
the last two weeks. Local news outlets reported that the man's
tongue had been cut out, which suggests that drug traffickers
suspected he was an informant. Additionally, a gun battle
between police and drug traffickers left one police officer dead
and two wounded. A suspected cartel member was also killed in
the incident. Police recovered five assault rifles and vests
with federal insignia from several vehicles used by the gunmen.
The day before, the the
decapitated body of a woman whose hands and feet had been
bound were found in a different part of the city.
Monday , October 19
Two people were killed after
being ambushed by a group of heavily armed gunmen in
Guerrero. One of the dead was a policeman, and the other was a
civilian who was riding a bus that was caught in the crossfire.
Additionally, five bodies showing signs of torture were
recovered from various parts of Acapulco. Attached to each of
them were notes threatening "kidnappers, thieves and traitors"
and signed by Arturo Beltran-Leyva, the boss of the
Beltran-Leyva cartel. 18 people were killed in drug-related
killings in Ciudad Juárez. At least 21 other drug-related
homicides were reported in Mexico, including nine beheaded
bodies found in Tierra Caliente.
Tuesday , October 20
In Guerrero, at least
three banners were found which threatened police and Genaro
Garcia Luna, the Secretary of Public Safety. The signs were
signed by what appears to be a new, Guerrero branch of the "La
Familia" cartel which is based in Michoacan. The signs also
accused Garcia Luna of protecting the Beltran-Leyva cartel and
the allied Zetas organization. In another part of Guerrero, the
body of a bus driver was found by the side of the road, and
showed signs of torture. A second body was found near
Acapulco.
Near the city of Ciudad Mante, police arrested
a man who had 107 kilos of marijuana in a hidden compartment
of his pick-up truck.
Wednesday , October 21
A suspected member of the Juárez Cartel was added
to the FBI's ten most wanted list. Eduardo "Tablas" Ravelo,
41, is allegedly a high-ranking member of the Barrio Azteca
gang. In exchange for a steady supply of narcotics, Barrio
Azteca performs enforcement tasks for the cartel on both sides
of the border, and can effectively be considered part of the
Jurez cartel which operates on American soil. Ravelo is
suspected of ordering the killing of another high-ranking gang
member, David "Chicho" Meraz, during an internal power struggle.
Meraz was killed in Ciudad Jurez last year. Ravelo is reportedly
hiding in Juárez under the protection of the cartel.
Earlier in the week, another man with suspected cartel
connections was also added to the FBI's ten most wanted list. Jose
Luis Saenz, of Los Angeles, is suspected of killing at least
four people (including his girlfriend) and is allegedly an
enforcer for an unnamed Mexican drug trafficking organization.
In October 2008 he shot and killed another gang member in LA
County who apparently owed $620,000 to the cartel.
Across Mexico, 40
drug-related homicides were reported in a 24-hour period,
bringing the 2009 total to over 6,000. Thirteen of these were in
Chihuahua, and of these, nine were in Ciudad Juárez. According
to a running tally by El Universal, 1,000 people were killed in
drug-related violence in Mexico in the last 40 days. The
previous 1,000 had been killed over 41 days, and the 1,000
before that in 44 days. Since August 1st, an average of 24
homicides were reported daily, approximately one every hour. One
out of every three drug-related homicides was in Ciudad Juárez.
Much of the violence is due to the conflict being fought by the
Sinaloa Federation and the Juárez cartel over control of the
Ciudad Juárez-El Paso drug trafficking corridor.
Thursday, October 22
In the United States, over
300 people were arrested, in what is being called the
largest single-blow against Mexican drug cartels operating in
the country. The arrests targeted the US operations of the La
Familia cartel, which is based in the Mexican state of
Michoacan. Law enforcement officials said arrests were made or
charges were files in multiple states, including California,
Colorado, Georgia, Massachusetts, Minnesota, Mississippi,
Missouri, Oklahoma, New York, North Carolina, South Carolina,
Tennesee, Texas, and Washington State. Many of the charges filed
were directed against those involved with the cartels
methamphetamine smuggling network in the US, with other charges
being directed at those involved in cocaine and marijuana
trafficking for the organization. Additionally, a New York grand
jury has indicted Servando Gomez-Martinez, who is linked to the
July murder of twelve federal police officers who were found
dead by the side of a roadway.
Total body count for the week: 203
Total body count for the year: 6,018
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For years, former Mexican President Vicente
Fox has suggested that drug legalization needs to be on the
agenda when discussing how to resolve prohibition-related
problems like the wave of violence plaguing Mexico. Now, he's
getting personal and political, as he attacks sitting President
Felipe Calderon for what Fox is describing as a "failed" effort
to send the military after the so-called drug cartels.
Vicente
Fox
Fox and Calderon are both members of the conservative
National Action Party (PAN), and Calderon replaced Fox in the
Mexican presidency in December 2006. With Mexico already
stricken by violent conflict among the cartels and between the
cartels and Mexican law enforcement, Calderon called out the
military to join the fray, but matters have only gotten worse.
An estimated 14,000 people have been killed in the conflicts
since Calderon sent in the soldiers, with 2,000 being killed in
one city -- Ciudad Juarez -- this year alone.
Addressing reporters at the annual conference of the
conservative European Popular Party in Vienna last weekend, Fox
said Calderon's efforts against the cartels had gone astray and
the military should return to the barracks. "The use of the army
in the fight against drug mafia and organized crime, the use of
force against force gave no positive results. On the contrary,
the number of crimes only grows," Fox told
journalists on Saturday. "It's time to think of alternative
ways to fight the crime," Fox said, adding that police and
governments of Mexican states should be charged with anti-drug
efforts on their territory, instead of federal forces.
Not that Fox himself had much better luck against the
cartels, nor was he averse to using the military. While Fox was
president between 2000 and 2006, he deployed troops to Sonora,
Chihuahua, Tamaulipas, and other states, especially after 2003,
when violence began escalating. By 2005, nearly 1,400 were
reported killed in the drug wars, and 2,000 more in 2006.
But those levels of violence, which once seemed
extraordinary, would now be a welcome relief after nearly three
years of Calderon's campaign and the harsh response from the
cartels. This year's toll in Ciudad Juarez alone matches the
toll nationwide for the last year of the Fox era.
Fox was also critical of the United States, saying it needed
to do more to control arms trafficking, money laundering, and
drug use. But he again questioned whether drug prohibition is
the best way to attain those ends. "Drug consumption is a
personal responsibility, not one of government, Fox
said."Perhaps it is impossible to ask government to halt the
supply of drugs to our children."
According to the most recent Gallup
poll, 44% of Americans favor legalizing marijuana, while 54%
oppose it. The 44% figure is the highest since Gallup began
polling on the issue nearly 40 years ago.
In 1970, only 12% of respondents favored legalization. That
figure climbed to 28% in 1977, then declined slightly and
reached a plateau with support holding at around 25% for the
next two decades. But in the past decade, public opinion has
begun to shift, with support hitting 34% in 2002, 36% in 2006,
and now, 44%.
Conversely, opposition to legalization is now at an all-time
low. It was 84% in 1970, 66% in 1977, and around 73% for most of
the Reagan, Bush I, and Clinton eras. But beginning in about
1996, opposition began to decline, dropping to 62% in 2002, 60%
in 2006, and now, 54%.
A related question -- whether marijuana should be legalized
and taxed to raise revenues for state governments -- won similar
support levels in the Gallup poll. Some 42% of respondents said
they would favor such a move in their state, while 56% were
opposed. In the West, however, support for tax and legalize has
gone over the top; 53% favor such an approach.
Looking at various demographic groups, support for marijuana
legalization is highest among self-described liberals, at 78%.
Only 26% of conservatives and 46% of moderates supported
legalization. Similarly, 54% of Democrats, 49% of independents,
and 28% of Republicans supported legalization.
There is also a clear generational divide. Half of those
under age 50 support legalization, compared to 45% aged 50 to
64, and only 28% of seniors.
Support for legalization has swollen among certain
demographic groups since the last Gallup poll on the issue in
2005. The number in favor of legalization jumped more than 10
points among women (+12), young people (+11), Democrats (+13),
liberals (+15), moderates (+11), and residents of the West
(+13).
If these rates of increase in support for legalization
continue over the medium term, the world as we know may indeed
end in 2012.
A California Superior Court judge ruled
Monday that the City of Los Angeles' moratorium on new
medical marijuana dispensaries is invalid and granted a
preliminary injunction blocking enforcement of the ban. The
Green Oasis dispensary and a number of other collectives sued
the city last month seeking to overturn the moratorium.
medical
marijuana dispensary, Ventura Blvd., LA (courtesy
wikimedia.org)
They argued that the City Council violated state law when it
extended its original moratorium in March. They also argued the
measure was unconstitutionally vague.
Superior Court Judge James Chalfant concluded that the city
did not follow state law when it moved to extend the moratorium,
but had instead relied on an out-of-date local ordinance. "The
city cannot rely on an expired ordinance," he said as he issued
the injunction.
The injunction applies only to Green Oasis, but the ruling
appears to challenge the city's ability to enforce the
moratorium against the hundreds of dispensaries that have opened
in the city in the last two years. According to some estimates,
the city could have as many as a thousand dispensaries operating
right now. With the Green Oasis ruling, other dispensaries will
be inspired to join the lawsuit or file lawsuits of their
own.
The ruling only adds to the confusion around the legality of
dispensaries in California in general and Los Angeles in
particular. Also on Monday, the Obama administration issued a
memo saying that prosecuting medical marijuana providers in
states where it is legal should not occur unless the providers
are violating state law. But last week, LA District Attorney
Steve Cooley argued that under
his interpretation of state law, "100%" of LA dispensaries
are illegal, and he was going to move against them.
In the meantime, more dispensaries continue to open in Los
Angeles. And now, in the wake of this week's ruling, the LA city
council is moving in an expedited manner to get a handle on
them. It expects to have plans in place next week to begin to
shut down hundreds. This is a battle that is far from over.
The UN
Office on Drugs and Crime (UNODC) warned Wednesday that the
traffic in Afghan opiates is spreading drug use and addiction
along smuggling routes, spreading diseases, and funding
insurgencies. The warning came in a new report, Addiction,
Crime, and Insurgency: The Threat of Afghan Opium. "The
Afghan opiate trade fuels consumption and addiction in countries
along drug trafficking routes before reaching the main consumer
markets in Europe (estimated at 3.1 million heroin users),
contributing to the spread of HIV/AIDS and other blood-borne
diseases," the report said.
Afghan
opium
Neighboring countries, especially Iran, Pakistan, and the
Central Asian republics, are among the hardest hit, said UNODC.
According to the report, Iran now has the highest opiate
addiction rates in the world. "Iran faces the world's most
serious opiate addiction problem, while injecting drug use in
Central Asia is causing an HIV epidemic," UNODC said.
But the impact of the multi-billion flow of Afghan opiates
could have an especially deleterious impact on Central Asia,
UNODC chief Antonio Maria Costa warned in remarks accompanying
the report. "The Silk Route, turned into a heroin route, is
carving out a path of death and violence through one of the
world's most strategic yet volatile regions," Costa said. "The
perfect storm of drugs, crime and insurgency that has swirled
around the Afghanistan/Pakistan border for years is heading for
Central Asia."
In Pakistan and Afghanistan, the opium trade is funding
violent radicals. "The funds generated from the drugs trade can
pay for soldiers, weapons and protection, and are an important
source of patronage," the report said. In Afghanistan, the
Taliban generated between $90 million and $160 million annually
in recent years, the UNODC estimated. In Pakistan, the UNODC
estimated the trade at $1 billion annually, with "undetermined
amounts going to insurgents."
Although Afghan opium production declined slightly last year,
the country is producing -- and has produced -- more opium than
is needed to meet global demand. As a result, the UNODC
estimates that there is an unaccounted for stockpile of 12,000
tons of opium -- enough to satisfy every junkie on the planet
for the next three to four years. "Thus, even if opiate
production in Afghanistan were to cease immediately, there would
still be ample supply," the report said.
Unsurprisingly, the UNODC report did not address the role
that global drug prohibition plays in exacerbating problems
related to opiate use and the opiate trade. Prohibitionist
attitudes restrict the availability of harm reduction programs,
such as needle exchanges, that could reduce the spread of
blood-borne diseases. And it is global drug prohibition itself
that creates the lucrative black market the UNODC says is
financing insurgencies and spreading political instability.
Last month, a Romanian presidential
committee recommended decriminalizing the possession of
"soft" drugs, implementing needle exchange programs, and
legalizing prostitution. A poll this month suggests the
committee and President Traian Băsescu have some work to do
in winning over the Romanian public -- at least on the drugs
issue.
Băsescu came to power in 2004 as head of the Alliance
for Truth and Justice, a coalition consisting of the Democratic
and National Liberal parties, and vowed to institute reforms in
the former communist satrapy. His Presidential Committee for the
Analysis of Social and Demographic Risk was part of that
pledge.
"Drug abuse needs to be discouraged, but with the adequate
difference made between soft drugs and hard drugs, especially
the ones injected such as heroin, which have devastating
negative effects," the report said. But the report also called
for "disincrimination (sic) of drug consumption -- but not of
trafficking -- to bring consumers to the surface."
According to another eResearch
poll, Romanians are going for bringing sex work in from the
cold. That poll found that 56% supported legalizing
prostitution, while only 37% opposed it.
In a meeting in Bangkok last weekend, more
than two dozen drug users from nine different countries came
together to put the finishing touches on the creation of a new
drug user advocacy organization, the Asian Network
of People who Use Drugs (ANPUD). The Bangkok meeting was the
culmination of a two-year process began at a meeting of the International Congress on AIDS in
Asia and the Pacific in Colombo, Sri Lanka, in 2007, and
resulted in the creation of a constitution and the selection of
a steering committee for the new group.
ANPUD currently has more than 150 members and sees its
mission to advocate for the rights of drug users and communities
before national governments and the international community.
There is plenty to do. Asia has the largest number of drug users
in the world, but is, for the most part, woefully retrograde on
drug policy issues. Not only do drug users face harsh criminal
sanctions -- up to and including the death penalty -- but Asian
countries have the lowest coverage of harm reduction services in
the world. Access to harm reduction programs, such as needle
exchanges and opioid maintenance therapy, is extremely
limited.
"People who use drugs are stigmatized, criminalized and
abused in every country in Asia," said Jimmy Dorabjee, a key
figure in the formation of ANPUD. "Our human rights are violated
and we have little in the way of health services to stay alive.
If governments do not see people who use drugs, hear us and talk
to us, they will continue to ignore us."
The Director of the UNAIDS Regional Support Team, Dr. Prasada
Rao, spoke of the urgent need to engage with drug user networks
and offered his support to ANPUD, saying that "For UNAIDS, HIV
prevention among drug users is a key priority at the global
level." Rao continued, "I am very pleased today to be here to
see ANPUD being shaped into an organization that will play a key
role in Asia's HIV response. It is critical that we are able to
more effectively involve the voices of Asian people who use
drugs in the scaling up of HIV prevention services across
Asia."
"When I go back home, I am now responsible for sharing the
experiences with the 250 or so drug users who are actively
advocating for better services at the national level," said
Nepalese drug user and newly elected steering committee member
Ekta Thapa Mahat. "It will be a great way for us to work
together and help build the capacity of people who use drugs in
Asia."
"The results of the meeting exceeded my expectations," said
Ele Morrison, program manager for AVIL's Regional Partnership
Project. "The participants set ambitious goals for themselves
and they have achieved a lot in just two days to set up this new
organization. The building blocks for genuine ownership by
people who use drugs is definitely there."
While the meetings leading to the formation were organized
and managed by drug users, the process received financial
support from the World Health Organization, the UNAIDS Regional
Task Force, and AIVL.
October 24, 1968: Possession of psilocybin
or psilocin becomes illegal in the US.
October 27, 1969: Anthropologist Margaret Mead provides
testimony to Congress: "It is my considered opinion at present
that marihuana is not harmful unless it is taken in enormous and
excessive amounts. I believe that we are damaging this country,
damaging our law enforcement situation, damaging the trust
between older people and younger people by its prohibition, and
this is far more serious than any damage that might be done to a
few over-users."
October 27, 1970: Congress passes the Comprehensive Drug
Abuse Prevention and Control Act. It strengthens law enforcement
by allowing police to conduct "no-knock" searches and includes
the Controlled Substances Act, which establishes five categories
("schedules") for regulating drugs based on their medicinal
value and potential for addiction.
October 27, 1986: President Reagan signs the Anti-Drug Abuse
Act of 1986, an enormous omnibus drug bill which appropriates
$1.7 billion to "fight the drug crisis." The bill's most
consequential action is the creation of mandatory minimum
penalties for drug offenses.
October 26, 1993: Reuters reports that the National
Organization for the Reform of Marijuana Laws (NORML) joined
scores of Boy Scout troops, Elks Clubs, and other community
groups in a program in which participants clean up sections of
Ohio's highway system. The Ohio Department of Transportation had
denied NORML's application twice previously, arguing it would be
helping to advertise a "controversial activist" group. The
American Civil Liberties Union stepped in, and Ohio's attorney
general forced transportation officials to relent.
October 29, 1993: The administrator for the Drug Enforcement
Administration (DEA), Robert C. Bonner, resigns after three
years in office to enter private law practice in Los Angeles. He
disagreed with the Clinton administration's increased emphasis
on drug treatment, saying it amounted to a decrease in emphasis
on law enforcement and the pursuit of cooperation from foreign
governments. "Drug treatment, particularly in this town, is the
real feel good (method) for how you deal with the drug problem.
It doesn't deal with any enforcement of the laws. It makes
everybody feel all warm and fuzzy... I think treatment is being
oversold," says Bonner.
October 25, 1997: Regarding Colombia, the New York Times
quotes US Drug Czar General Barry McCaffrey as saying, "Let
there be no doubt: We are not taking part in counterguerrilla
operations." Less than two years later, on July 17, 1999, the
Miami Herald reports: "McCaffrey said it was 'silly at this
point' to try to differentiate between anti-drug efforts and the
war against insurgent groups."
October 26, 1997: The Los Angeles Times reports that twelve
years after a US drug agent was kidnapped, tortured and murdered
in Mexico, evidence has emerged that federal prosecutors relied
on perjured testimony and false information, casting a cloud
over the convictions of three men now serving life sentences in
the case.
October 27, 1997: After a four-year investigation and a
five-month trial, a federal jury returns a not guilty verdict on
one racketeering charge against two former US prosecutors who
became lawyers for a drug cartel, but fails to reach verdicts on
drug trafficking and other charges against the two lawyers.
October 23, 2001: Britain's Home Secretary, David Blunkett,
proposes the reclassification of cannabis from Class B to Class
C. Cannabis is soon decriminalized in Great Britain, only to be
returned to Class B by the Labor government in 2008.
October 26, 2001: DEA agents descend on the LA Cannabis
Resource Center, seizing all of the center's computers, files,
bank account, plants, and medicine. The DEA cites a recent
Supreme Court decision as justification for their action. The
patient cannabis garden at the West Hollywood site is seized by
DEA agents despite the loud protestations of the West Hollywood
mayor and many local officials and residents.
October 27, 2001: The Guardian (UK) reports that a majority
of Britons believe cannabis should be legalized and sold under
license in a similar way to alcohol. Some 65 percent of those
questioned in a poll agree it should be legalized and 91 percent
said it should be available on prescription for sufferers of
diseases like multiple sclerosis.
October 23, 2002: Time/CNN conducts a telephone poll of 1,007
adult Americans over two days (October 23-24). The result:
Nearly one out of every two American adults acknowledges they
have used marijuana, up from fewer than one in three in
1983.
October 28, 2002: The New York Post reports that a Time/CNN
poll reveals that 72 percent of Americans now feel that people
arrested with small amounts of marijuana should not do any jail
time, while just 19 percent favored sending pot smokers to jail.
Nearly 60 percent of Americans still want marijuana possession
to be considered a criminal offense -- but 34 percent now favor
complete legalization. The new poll also offers good news to
activists and lawmakers who are calling for the legalization of
medical marijuana: 80 percent of those surveyed said they
favored dispensing pot for medicinal purposes.
October 27, 2004: In an op-ed piece in the Paris newspaper Le
Monde, Raymond Kendall, the chief of the international law
enforcement agency Interpol from 1985 to 2000, calls drug
prohibition "obsolete and dangerous" and says its continuation
represents a missed opportunity for reform. He says prohibition
has failed to protect the world from drugs and Europe must take
the lead in reforming the drug laws, particularly at the United
Nations General Assembly Special Session on drugs in Vienna in
2008.
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prohibition-era beer raid, Washington, DC (Library of
Congress)
Since last issue:
Scott Morgan writes: "The Daily Show's Best War
on Drugs Moments," "Christian Science Monitor Thinks Arresting
Cancer Patients Will Stop Marijuana Legalization," "John Stossel
and Bill O'Reilly Debate Drug Legalization," "Oakland Airport's
Awesome Marijuana Policy," "Cartoon: The First Time I Smoked
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Happened?," "Do You Know Your Rights When Dealing With Police?,"
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