| April 15, 1998 #042 | ||||||||||||||
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A DrugSense publication
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Table of Contents
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FEATURE ARTICLE (Top) | ||||||||||||||
Tobacco Deal "Dead" by Thomas J. O'Connell M.D.
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The Recent announcement to the Press Club by Steven Goldstone, CEO of RJR Nabisco that the tobacco deal was "dead" should not have surprised anyone who has followed the negotiations with Congress since June 1997. What should distress anyone looking for evidence of sanity in our national drug policy, is the universal inability of all discussants, including press and pundits, to isolate and deal realistically with key factors in the controversy. Until that is done, those factors cannot be assigned their proper weight and bad policy is almost certain to result. Those factors can be considered under two general headings: | ||||||||||||||
1) Health/Addiction. The tobacco industry is in trouble because of a belated public perception that nicotine is addictive and chronic smoking is a significant health hazard. The single event which dramatically altered public perception was the photograph of tobacco company CEOs solemnly lying to a Congressional committee with their right hands raised. Their public image started to go downhill rapidly after that, and with it, their political support- nobody likes a pariah. Bob Dole, never much of a candidate to begin with, killed his own campaign with his pronouncements on nicotine and addiction. Politicians learn quickly from the mistakes of colleagues. | ||||||||||||||
Less dramatic, but nonetheless important, has been the volume of
evidence ("Cigarette Papers") obtained and released by relentless
anti-smoking activists, from the health care industry. This is
significant, because it shows how much clout this group can have when
not paralyzed by fear and/or self-interest, as it clearly has been on
Public Health issues relating to other addictive drugs, such as needle
exchange. | ||||||||||||||
The paradox involved in the health issue, which "policy" makers (do
they even understand that word?) refuse to confront is: how can a
nation which bans multiple substances on the grounds that they are
addictive and inimical to personal and public health possibly
"negotiate" with manufacturers of the product which is demonstrably the
most addictive and (chronically) the most lethal of all psychoactive
agents?
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This issue is studiously avoided by all discussants. As an example of
pure denial, refusal to acknowledge this obvious linkage is comparable
to the decision of the nation's founders to charter a republic
dedicated to human freedom with a covenant guaranteeing the legitimacy
of slavery. | ||||||||||||||
2) Economics/Crime. What American drug policy makers have also absolutely refused to confront is the lesson taught by Prohibition: creation of a criminal monopoly for production and sale of a highly desired & easily produced psychoactive substance is a supreme act of folly, simply because it creates an uncontrollable black market. For a host of complex, but valid (and easily comprehensible) reasons having more to do with historical and other factors, the alcohol Prohibition folly played out acutely and was quickly ended by Repeal in 1933, but the folly of drug prohibition has remained unacknowledged. Starting as a relatively tiny criminal market, it expanded slowly in size and scope until the Sixties, when it was discovered as a positive re-election tool by politicians. The accelerated market development which followed became the drug war, now an international industry with legions of adherents and dependents around the world. These run a gamut from peasant poppy and coca farmers through foreign political leaders, financiers, American politicians and bureaucrats, criminal processing and distribution networks, police agencies, prosecutors, jailers, and health care providers. The toll exacted by this folly is difficult to measure precisely, but it impacts all of us because the progressive diversion of tax money from education to prison entitlement programs, together with a growing army of alienated and marginalized prisoners and their families, threaten our society's very underpinnings. | ||||||||||||||
In this setting, any decision to witlessly create yet another criminal market from a customer base of 40-50 million nicotine addicts should be inconceivable; but apparently, is not. There are ways other than criminal prohibition to create black markets; excessive taxation is one; driving production overseas by impossibly stringent regulation is another. As long as a desired product can be produced anywhere in the world, it will be supplied at a price and smuggled if excessively taxed | ||||||||||||||
The most logical solution to the tobacco impasse is to recognize that
creation of an illegal market in the name of Public Health is an
irresponsible act of folly. A regulated, legal market along the lines
of those currently existing for both alcohol and tobacco is the only
one that is either sensible or responsible. All arguments then become
about the intensity of restrictions designed to minimize adverse
consequences of use, but within a paradigm which acknowledges that
excessive restriction will inevitably create an illegal market and
should be avoided. In the final analysis, legal psychoactive markets
are an absolute necessity in any rational society. | ||||||||||||||
The reason this simple solution cannot be embraced by our government,
or indeed, anyone supporting drug prohibition, is obvious: it would
expose the claimed justification of the drug war as illogical. That's
the real significance of the tobacco impasse. It's a great foil for us,
as reformers, to make our point. We need only to understand it
ourselves. | ||||||||||||||
Thomas J. O'Connell M.D. () | ||||||||||||||
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WEEKLY NEWS IN REVIEW (Top) | ||||||||||||||
Domestic News | ||||||||||||||
The Drug War-
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Extortion Trial Witness Tells of Police Abuses
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America's Jails are Jammed
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Public Housing Tenants Sue to Fight Evictions Under Drug Law | ||||||||||||||
COMMENT: (Top) | ||||||||||||||
Along with increased prominence of newer issues- medical marijuana and
needle exchange, the basic drug war continues to grind on behind the
scenes, corrupting public servants, selectively incarcerating the
black and the poor, and victimizing the innocent and elderly in new
and cruel ways, as these three articles attest. | ||||||||||||||
EXTORTION TRIAL WITNESS TELLS OF POLICE ABUSES
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Boston police detective yesterday became the first officer to testify publicly about the shady practices he learned from two former colleagues who have admitted stealing more than $200,000 from drug dealers and other criminals in an on-the-job crime spree. | ||||||||||||||
Since Walter F. Robinson Jr. and Kenneth Acerra have pleaded guilty to
avoid trial, the testimony of Detective John Brazil offers the first
glimpse into the crooked world of phony search warrants and stolen drug
money perfected by his two mentors on the night shift. | ||||||||||||||
[snip]
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AMERICA'S JAILS ARE JAMMED
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Hardly anyone could have missed the great prison-building boom a few
years back. All told, during the first half of the 1990s, states spent
nearly $15 billion and added some 400,000 beds to alleviate
overcrowding. | ||||||||||||||
That increase in capacity, coupled with a significant slowdown in the
prison population growth rate since 1994, has brought the construction
craze to an end. So it may come as something of a surprise to learn
that across the nation, thousands of inmates still are lacking beds,
basic medical assistance and sufficient oversight. | ||||||||||||||
[snip]
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PUBLIC HOUSING TENANTS SUE TO FIGHT EVECTIONS UNDER DRUG LAW
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OAKLAND, Calif. (AP) -- From his cramped living room 13 floors above the midday growl of downtown traffic, 75-year-old Herman Walker wonders what he'll do if he's thrown out of his public housing apartment. | ||||||||||||||
Walker is one of millions of tenants subject to a federal "one-strike"
drug law that can result in eviction for the wrongdoing of visitors or
relatives. | ||||||||||||||
Officials say they found crack cocaine or crack pipes on three visits
to Walker's apartment. His caretaker and a friend were arrested on drug
charges. | ||||||||||||||
[snip]
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Tobacco Wars- | ||||||||||||||
More Teens Using Tobacco
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Experts Baffled by Rise in Teen Smoking
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Science Starting to Tackle Teen Smoking
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Tobacco Companies Say Deal Is Up In Smoke
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UK: Cheap Cigarettes Supplied By Drugs Gangs
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COMMENT: (Top) | ||||||||||||||
Despite increasing evidence that teen tobacco experimentation and addiction are essentially unsolved Public Health problems, our prohibitionist lawmakers are veering ever closer to declaring "war" on tobacco. The industry, slow to sense it's political disadvantage, seems intent on repeating the errors of the alcohol industry that led to Prohibition. As if on cue, Washington insider Carl Rowan became the first to issue a call for prohibition (indicating along the way, that he's clueless about illegal markets). Perhaps a more accurate portent of things to come is offered by the article from The UK. | ||||||||||||||
Finally, the editorial comment from the IHT underscores why the (Top) domestic market is a necessary evil for US tobacco; they need to stay in business here so they can tap into the really big money overseas. | ||||||||||||||
MORE TEENS USING TOBACCO
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Use By Black Youths Has Nearly Doubled In Past Six Years | ||||||||||||||
Tobacco use among teenagers jumped by nearly one-third during the past
six years, with an especially alarming increase among black youths,
federal health officials reported Thursday. | ||||||||||||||
Rates of tobacco use - which includes consumption of cigarettes, cigars
and smokeless tobacco- rose among high school students from 27.5
percent in 1991 to 36.4 percent in 1997, according to the Centers for
Disease Control and Prevention. | ||||||||||||||
[snip]
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EXPERTS BAFFLED BY RISE IN TEEN SMOKING
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Officials try to snuff out ads, peer pressure
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The three girls are 14 years old -- they look not a day older -- and
have been smoking cigarettes since they were 10. | ||||||||||||||
They represent a bewildering puzzle to health authorities. | ||||||||||||||
It's against the rules to smoke on school grounds, so the girls crossed
E. Locust St. before lighting up one day last week.
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One cigarette among the three freshmen, passed puff-to-puff as they
shivered in the cold afternoon wind across the street from Milwaukee's
Riverside University High School. | ||||||||||||||
[snip]
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SCIENCE STARTING TO TACKLE TEEN SMOKING
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Behavior - Researchers know adolescents kick the habit for different
reasons than adults, but there's little data to show which methods work
and why. | ||||||||||||||
How can a teen be convinced to stop smoking--or persuaded never to take
up the habit at all?
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[snip]
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TOBACCO COMPANIES SAY DEAL IS UP IN SMOKE
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WASHINGTON -- The nation's major cigarette makers sounded a death knell yesterday for last summer's historic tobacco settlement, saying Congress has twisted their offer to help cut teen smoking into a harsh attack on their industry and sharp tax increases for American smokers. | ||||||||||||||
Led by Steven Goldstone, head of No. 2 tobacco maker RJR Nabisco, the companies vowed to fight efforts by President Clinton and Congress to increase prices and fashion tougher restrictions on advertising. | ||||||||||||||
[snip]
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BAN TOBACCO LIKE MARIJUANA AND COCAINE
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THE local drug pusher cornered the president of the United States at a
fund-raiser and said:
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"Cocaine has been good. We paid for our mansion off cocaine. We
educated our kids off cocaine. We paved our old driveway with blacktop
off cocaine. We pay our property taxes. We pay the preacher on Sunday
morning. We overhaul our vehicles, and we buy tires. We pay our
insurance. And we pay our mules and runners, and give them Social
Security and Medicare. And we just try to live right and do right off
cocaine."
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[snip]
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So there will be legislation. But it probably won't be the "new
Prohibition." It will be tough enough to make a lot of farmers think of
growing collard greens, and force a lot of tobacco company employees to
look for work elsewhere. But it won't put tobacco in the same pipe with
cocaine. So a semi-black market for tobacco will arise, the health
problems will endure, and our politicians will wring their hands and
give more speeches. | ||||||||||||||
[snip]
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CHEAP CIGARETTES SUPPLIED BY DRUGS GANGS
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Organised criminals involved in drug dealing are behind the deluge of
cheap cigarettes being smuggled into Scotland. | ||||||||||||||
The trade in smuggled cigarettes costs the Scottish economy tens of
millions of pounds every year and particularly hits corner shops and
tobacconists. | ||||||||||||||
Customs officers are bracing themselves for a vast increase in cigarette smuggling into Scottish airports between now and 1 December when 20p goes on to the price of a packet of 20 in the United Kingdom. | ||||||||||||||
[snip]
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EXPORTING DISEASE
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As communism fell in Eastern Europe, the Marlboro Man rode into town. U.S. cigarette makers were in the vanguard, exporting their lethal products as symbols of Western glamour and free-market prosperity. In the former Soviet Union, the three big multinational tobacco firms became, along with energy companies, the biggest investors. | ||||||||||||||
[snip]
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The Courts | ||||||||||||||
Reagan-appointed judge refuses to enforce drug laws
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Wiretap Ruling Rocks LA Legal, Police Circles
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Ninth Circuit Tosses Pot Conviction Case
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COMMENT: (Top) | ||||||||||||||
There has been a cluster of favorable developments in the judicial
arena. It's too early to say whether they are flukes or represent a
long overdue arrest of the trend to deny Fourth Amendment rights to
those accused of "drug crimes." The Salon article and the one on
wiretaps are both too long and convoluted to excerpt accurately; they
should be read in their entirety by those interested. | ||||||||||||||
REAGAN-APPOINTED JUDGE REFUSES TO ENFORCE HARSH U.S. DRUG LAWS
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Hell No, We won't throw away the key
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SERIOUS CIVIL DISOBEDIENCE AGAINST THE NATION'S DRUG SENTENCING
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Quick - What furious debate over the parameters of morality, legality
and personal behavior has the American political and judicial system
been at vehement war with itself over? No, not the ever-morphing
Clinton/Jones/Starr/Lewinsky/Willey scandal, but an issue likely to
affect vastly more people. Drugs. Drug use, drug policy, drug
enforcement. While the press has been consumed with Tailgate, slowly
simmering discord over the war on illegal drugs has suddenly reached a
rolling boil. | ||||||||||||||
[snip]
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WIRETAP RULING ROCKS LA LEGAL, POLICE CIRCLES
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Law - All sides are watching whether judge's order to reveal phone
surveillance information will affect other cases. Some see a threat to
the practice of concealing informants. | ||||||||||||||
In the abstract, there are few civil liberties the average person holds
as dear as the constitutional protection against unlawful searches and
seizures. But that affection is often tested when the 4th Amendment,
like a bolted front door, is all that stands between police and the
arrest of someone who officers say is a criminal. | ||||||||||||||
That is precisely the issue in what many legal observers are calling a
groundbreaking case now before Los Angeles Superior Court Judge Gregory
Alarcon. | ||||||||||||||
[snip]
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NINTH CIRCUIT TOSSES POT CONVICTION CASE
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Heat detection device ruled illegal
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A federal agent who used a heat detection device to gather evidence
against an alleged Oregon marijuana grower violated the suspect's
constitutional right against unreasonable searches, the U.S. Circuit
Court of Appeals ruled yesterday. | ||||||||||||||
In a split ruling, the Ninth Circuit Court of Appeals in San Francisco threw out the conviction of Danny Kyllo, an Oregonian who was arrested in 1992 for cultivating and distributing marijuana. In a move almost certain to be appealed further, the court ordered Kyllo's case sent back to U.S. District Court in Portland for a new trial. | ||||||||||||||
[snip]
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Needle Exchange- | ||||||||||||||
Questionable Needle Exchanges
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Needle Exchange in Vancouver/Montreal Worked
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COMMENT: (Top) | ||||||||||||||
The letter from the Washington Post is a lame attempt to blunt the
criticism Clinton and Shalala are receiving from their own AIDS
advisory panel. The second item, an 0p-ed from The New York Times, is
a devastating put down of one of General McCaffrey's more audacious
excursions into the realm of science (the realm he claims he wants to
"protect" in the case of Medical marijuana). | ||||||||||||||
QUESTIONABLE NEEDLE EXCHANGES
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The March 25 front-page story "Pr. George's Needle Plan Wins Vote"
carries the claim that "numerous federally funded studies have shown
that needle exchange programs nationwide have helped reduce new HIV
infections." This overstates the scientific status of the effectiveness
of those programs. | ||||||||||||||
[snip]
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In fact, the most recent and large-scale study, conducted in Montreal
using a sophisticated observational design with prospective and
case-control methods, found a consistent and independent positive
association between attendance of needle exchange programs and risk of
HIV infection. | ||||||||||||||
[snip]
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BRYAN KIM, Statistical Assessment Service, Washington
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[snip]
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NEEDLE EXCHANGE IN VANCOUVER/MONTREAL WORKED
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Debate has started up again in Washington about whether the Government
should renew its ban on subsidies for needle-exchange programs, which
advocates say can help stop the spread of AIDS. | ||||||||||||||
In a letter to Congress, Barry McCaffrey, who is in charge of national
drug policy, cited two Canadian studies to show that needle-exchange
plans have failed to reduce the spread of H.I.V., the virus that causes
AIDS, and may even have worsened the problem. Congressional leaders
have cited these studies to make the same argument. | ||||||||||||||
As the authors of the Canadian studies, we must point out that these
officials have misinterpreted our research. | ||||||||||||||
[snip]
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Hemp | ||||||||||||||
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COMMENT: (Top) | ||||||||||||||
Despite the abundance of other news and the fact that we've commented
on hemp two weeks in a row, this is too important to pass up- a short
editorial in the New York Times is chiding the federal government for
its witless opposition to industrial hemp. Intelligence and courage
are turning up in the strangest places. | ||||||||||||||
MARIJUANA'S MUCH-MALIGNED COUSIN
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Traditional jurisprudence frowns on guilt by association--unless the
defendant is a plant called industrial hemp and the prosecutor is the
Federal Drug Enforcement Administration. Recently a coalition of
farmers, environmentalists and businesses petitioned the drug agency
and the Department of Agriculture to stop treating this plant as a
criminal just because it is related to marijuana, a controlled
substance. | ||||||||||||||
[snip]
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To ease law enforcement's fears, proponents have offered a compromise. The agency would revise its rules to legalize hemp but award jurisdiction to the Agriculture Department. Agriculture would distribute certified seed with a THC level of 1 percent or less to farmers it licensed; it would inspect field too. The marketplace, not myopic rules, should determine hemp's future in America. | ||||||||||||||
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International News | ||||||||||||||
Violence Escalates as Island Nations Crack Down on Drugs | ||||||||||||||
Trinidad and Tobago Lauded for Role in Drug War
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The Cocaine traffic from South America has shown considerable ability
to adapt to interdiction pressure; when South Florida and the Mexican
border receive too much attention, it's back to the Caribbean. The
drug war is also proving to be a dandy excuse for maintaining an
American military presence well beyond the end of the Cold War. The
notion that the unsophisticated bureaucracies of these small island
nations are a match for traffickers in the multi-billion dollar
cocaine industry is ludicrous. | ||||||||||||||
VIOLENCE ESCALATES AS ISLAND NATIONS CRACK DOWN ON DRUGS
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ST. JOHN'S, Antigua -- Antigua's top anti-drug official had just leaned over to turn up a cricket match on his car radio when a bullet smashed through the rear window, showering him in shattered glass. | ||||||||||||||
"If it were not for the cricket, I probably would not be here now," said Wrenford Ferrance, who believes he was targeted because he is making it harder to launder drug profits in this Caribbean nation. | ||||||||||||||
In Trinidad, a former attorney general was shot repeatedly in front of his home in a 1995 assassination that investigators blame on drug traffickers even though the crime officially remains unsolved. | ||||||||||||||
No one has been arrested in the Feb. 13 attack on Ferrance either. But
he and other Antiguan officials say it will not deter their efforts to
fight the illegal drug trade. | ||||||||||||||
In recent years, the Caribbean has become a major drug trafficking
route between the cocaine producers of South America and consumers in
the United States and Europe. | ||||||||||||||
[snip]
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TRINIDAD AND TOBAGO LAUDED FOR ROLE IN DRUG WAR
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Albright to seek more help at meeting today
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BLACK ROCK, Tobago -- U.S. Secretary of State Madeleine Albright called
yesterday for more cooperation against drug traffickers and praised
Trinidad and Tobago for leading the way. | ||||||||||||||
In 1996, Trinidad and Tobago became the first Caribbean nation to sign
an agreement allowing U.S. authorities to pursue suspected drug
traffickers into its territorial airspace and waters. | ||||||||||||||
Albright said she would discuss "the increased need to cooperate even further . . . on a scourge that knows no boundaries" at a meeting today with foreign ministers of the 15-member Caribbean Community. | ||||||||||||||
The 1996 agreement led to severe criticism from neighboring islands, which accused Trinidad of sacrificing its sovereignty, Prime Minister Basdeo Panday said yesterday after meeting with Albright. | ||||||||||||||
Since then, most Caribbean islands have signed drug-fighting pacts with
Washington, some allowing only air or sea pursuits. | ||||||||||||||
[snip]
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PANAMA PONDERS ANTI-DRUG INSTALLATION
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PANAMA CITY -- On a tropical patio in a middle-class neighborhood, a
group of Panamanian intellectuals sit around a table littered with
position papers, sodas, and bowls of limp cheese puffs. They are trying
to figure out how to stop what they see as the next United States
invasion of Panama. | ||||||||||||||
[snip]
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Talk of a US invasion in this Central American home to the Panama Canal
may sound cold-war-ish and anachronistic, and probably comes as a
surprise to the Pentagon. Under a US-Panama treaty ratified in 1978,
the US is to relinquish control of the canal and all remaining military
bases by Dec. 31, 1999.
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But Mr. Arosemena and his friends say a proposed international
drug-fighting center that would operate on one of the US military bases
here, with the support of at least 2,500 US soldiers, means occupation
all over again. | ||||||||||||||
[snip]
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HOT OFF THE NET
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NewsHawks Needed - New Web Page Instructions
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The great majority of our Newshawks are doing a super job, and we all Thank You! The following is for those few that may be new at NewsHawking, or, perhaps, just do not understand how important being careful about posts to is to our process. | ||||||||||||||
Please, please, DO NOT post anything BUT actual published news items
(and wire service items), complete with a Source: and Pubdate: to
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Please do not post unpublished, but simply SENT letters to the editor
to
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The place for SENT letters is our discussion list, MAPTALK. If you are
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sign up for the MAPTALK list please send the SENT letter to Mark Greer
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Also, please do not post press releases, discussions of the news, tips on news stories, etc. to . We are simply not set up to process them, and do not wish to post them as news items by mistake. | ||||||||||||||
What do we want? Matt Elrod, one of our webmasters, has set up a Hawk page on our website with the basics of NewsHawking. It is at: | ||||||||||||||
Please check it out for our standards/needs for items being sent to
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Thank you for your assistance!
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Richard Lake
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TIP OF THE WEEK
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Getting published in the NY Times or any major publication is quite an
accomplishment. On average our letter writers get about 10% of their
letters published but some of our "seasoned Pro's" seem to get published at
will.
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For newer letter writers you may want to try smaller publications where we get much higher percentages often approaching 100%. This does not mean to give up on the bigger papers. Experience, tenacity and following certain guidelines seem to be the keys to success. | ||||||||||||||
Those going after the "big fish" need to be patient, consistent, and
constantly strive to improve their LTEs
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For some great letter witting tips and examples see
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