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DrugSense Weekly
March 23, 2007 #491


Table of Contents

* Breaking News (04/18/24)


* This Just In


(1) Development Of A Rational Scale To Assess The Harm Of Drugs
(2) Perils Grow In Battle For Medical Pot
(3) Give It Away Now?
(4) Licence To Kill

* Weekly News in Review


Drug Policy-

COMMENT: (5-8)
(5) Court Probes Student Free Speech Limits
(6) Richardson To Legalize Medical Marijuana
(7) Senate Panel Wants To Give Sheriffs Access To Pharmacy
(8) Robbery Suspect Says the D.E.A. Made Him Do It

Law Enforcement & Prisons-

COMMENT: (9-12)
(9) Officer Won't Be Charged In Killing
(10) Pot Smoker Jailed For Life Is Free
(11) Officer Bungled 4 Cases, Police Say
(12) New Haven Will Scrutinize Pension Request Of Arrested Lieutenant

Cannabis & Hemp-

COMMENT: (13-16)
(13) Applaud Lawmakers For Medical Pot Bill
(14) The Case Of Angel Raich
(15) Cannabis: A Retraction
(16) N.D. Farmers Apply For Hemp Permits

International News-

COMMENT: (17-20)
(17) Duo To Be Hanged After Losing Their Final Appeals
(18) Bolivians: Coca-Cola Should Drop 'Coca'
(19) Ban It And Watch It Flourish
(20) Sensationalism No Way To Fight Drug Addiction

* Hot Off The 'Net


    Will  The  Supreme  Court Separate "Drug Speech" From Free Speech?
    It's Been An 'All Out War' On Pot Smokers For 35 Years
    MP Libby Davies Addresses Canadian Students For Sensible Drug Policy
    Bongwater Into Whine / By Jacob Sullum
    Richard Nixon On Pot
    Cultural Baggage Radio Show
    How  The  Independent  On Sunday Got It Horribly Wrong On Cannabis

* What You Can Do This Week


    Write A Letter

* Letter Of The Week


    Prohibition Increases Drug Use: Teacher / Dan Banov

* Letter Writer Of The Month - February


    Moe Brondum

* Feature Article


    War On Drugs Is A War On Our Own People / Ellen Taylor

* Quote of the Week


    Ralph Waldo Emerson

DrugSense needs your support to continue this newsletter and many
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THIS JUST IN    (Top)

(1) DEVELOPMENT OF A RATIONAL SCALE TO ASSESS THE HARM OF DRUGS OF    (Top)    POTENTIAL MISUSE

Drug misuse and abuse are major health problems.  Harmful drugs are regulated according to classification systems that purport to relate to the harms and risks of each drug.  However, the methodology and processes underlying classification systems are generally neither specified nor transparent, which reduces confidence in their accuracy and undermines health education messages.  We developed and explored the feasibility of the use of a nine-category matrix of harm, with an expert delphic procedure, to assess the harms of a range of illicit drugs in an evidence-based fashion.

We also included five legal drugs of misuse (alcohol, khat, solvents, alkyl nitrites, and tobacco) and one that has since been classified (ketamine) for reference.  The process proved practicable, and yielded roughly similar scores and rankings of drug harm when used by two separate groups of experts.  The ranking of drugs produced by our assessment of harm differed from those used by current regulatory systems.  Our methodology offers a systematic framework and process that could be used by national and international regulatory bodies to assess the harm of current and future drugs of abuse.

[snip]

Pubdate:   Sat, 24 Mar 2007
Source:   Lancet, The (UK)
Website:   http://www.thelancet.com/journals/lancet
Details:   http://www.mapinc.org/media/231
Authors:   David Nutt, Prof [et al.]
Continues:   http://www.mapinc.org/drugnews/v07.n366.a01.html


(2) PERILS GROW IN BATTLE FOR MEDICAL POT    (Top)

Laws In Conflict -- Environment Dicey For Patients, Dealers

A decade after Californians approved the medical use of marijuana, the state's battle with the federal government over the use of marijuana still is being fought hard, with contradictory results.

In the past five years, the number of medical marijuana clubs -- stores authorized under state law where people can buy cannabis with a doctor's approval -- has tripled in the state, to more than 300.  But club operators and pot growers are increasingly subject to federal arrests, seizures and prosecution.

Across California, smoking pot remains a gamble.  Decisions over who gets busted and who doesn't affect large numbers of medical pioneers, average smokers and make-a-buck dope dealers alike.

Last week, two federal court rulings in San Francisco gave contrasting victories in the dispute over whether the medical use of marijuana, approved by California voters, should be prosecuted or permitted.

On March 13, a federal judge gave a win to the medical marijuana forces, tossing out most of the U.S.  charges against cannabis activist and writer Ed Rosenthal, saying a five-year campaign to put him behind bars gave "the appearance of vindictiveness."

On the same day, however, another federal court ruled against Angel Raich, a severely ill Oakland woman who smokes marijuana to ease her chronic pain and had challenged U.S.  laws against medical cannabis.

[snip]

Pubdate:   Thu, 22 Mar 2007
Source:   San Francisco Chronicle (CA)
Page:   A - 1, Front Page
Website:   http://www.sfgate.com/chronicle/
Details:   http://www.mapinc.org/media/388
Author:   Robert Collier, Chronicle Staff Writer
Bookmark:   http://www.mapinc.org/people/Ed+Rosenthal (Ed Rosenthal)
Bookmark:   http://www.mapinc.org/people/Raich (Angel Raich)
Continues:   http://www.mapinc.org/drugnews/v07.n360.a04.html


(3) GIVE IT AWAY NOW?    (Top)

One of the UK's top cops says his country's health system should be prescribing heroin to hardcore addicts, according to a published media report.

Ken Jones, president of the Association of Chief Police Officers, told Britain's Independent newspaper that prescribing heroin would reduce crime rates and prevent overdose deaths.

"You need to understand there is a hardcore, a minority, who nevertheless commit masses of crime to feed their addiction," Jones told the paper last month.

"We have got to be realistic."

"I have looked into the whites of these people's eyes and many have no interest whatsoever in coming off drugs.  We have to find a way of dealing with them, and licensed prescription is definitely something we should be thinking about."

Jones isn't the first law enforcement official in the UK to advocate for prescribed heroin, but he is reportedly the most senior officer to support the idea.

Canada's Debate

In an interview with 24 hours, his Canadian counterpart took a more cautious position.

"Heroin prescription programs are a treatment program, and any of the debate and discussion about a particular mode of treatment really needs to happen within the medical community," said Barry MacKnight, Fredericton, New Brunswick's chief of police and chair of the Canadian Association of Police Chiefs' drug abuse committee.

MacKnight said he would prefer that law enforcement stay out of the debate until medical experts have had their say.  "We want to become engaged in that only if it becomes a public-safety issue," MacKnight said.

[snip]

Pubdate:   Thu, 22 Mar 2007
Source:   Vancouver 24hours (CN BC)
Website:   http://vancouver.24hrs.ca/
Details:   http://www.mapinc.org/media/3837
Author:   Irwin Loy, 24 hours
Continues:   http://www.mapinc.org/drugnews/v07.n364.a10.html


(4) LICENCE TO KILL    (Top)

Depending on your point of view, Richard Young was a deadbeat, a thief, a liar, even a child molester.  But, despite warnings to the contrary, to the Mounties in Victoria he was a trusted informant, one they paid handsomely.  In exchange for his inside information on an alleged heroin ring, which turned out to be more lies, they paid off his debts, erased his past and gave him a new identity.  He cost taxpayers hundreds of thousands of dollars.  Then he vanished. And then he committed murder.

Richard Young wasn't recruited by the Mounties for his information.  He approached them in the summer of 2000 -- a "walk-in," as one officer referred to him.

The RCMP in Victoria have never explained why they thought this guy would be useful.  They didn't know a lot about him, and what they did know wasn't flattering.  He was being investigated by a local police department on allegations that he defrauded his landlord of $48,000. They also knew he owed his foster father $78,500 on a line of credit he had taken out for him.

But they signed him up as a police informant all the same.

[snip]

Pubdate:   Fri, 23 Mar 2007
Source:   Ottawa Citizen (CN ON)
Website:   http://www.canada.com/ottawa/ottawacitizen/
Details:   http://www.mapinc.org/media/326
Author:   Greg McArthur and Gary Dimmock, Ottawa Citizen
Bookmark:   http://www.mapinc.org/heroin.htm (Heroin)
Continues:   http://www.mapinc.org/drugnews/v07.n365.a02.html


WEEKLY NEWS IN REVIEW    (Top)

Domestic News- Policy


COMMENT: (5-8)    (Top)

In oral arguments last week, the U.S.  Supreme Court heard about the "Bong Hits 4 Jesus" free speech case.  Some of the mainstream media proved itself once again incapable of taking the issue seriously. The DrugSense Weekly Cannabis section below has details on New Mexico's new medical marijuana law, but we take note of the story in the Policy section too for political reasons, as New Mexico governor (and U.S.  presidential hopeful) Bill Richardson does seem to be taking medical marijuana seriously, reportedly applying pressure to legislators to pass the bill.  Richardson said he knows that the bill is "risky" politically, but when a politician openly says something is risky, it's probably not really risky any more.  Will medical marijuana soon be a plank in one of the major parties' platforms?

Also last week, in disturbing drug war news, some North Carolina legislators want to give sheriffs the authority to barge into pharmacies and check records; and, the New York Times reports on a drug informant who claims DEA officials authorized him to commit crimes.


(5) COURT PROBES STUDENT FREE SPEECH LIMITS    (Top)

Rights May Hinge on Decision in 'Bong Hits' Case

WASHINGTON - The Supreme Court dissected a Juneau teenager's sign Monday and tried to divine whether its "Bong Hits 4 Jesus" message was advocating drug use or just talking nonsense.

Students' free speech rights could hinge on the outcome of the case.

[snip]

Douglas Mertz of Juneau, Frederick's lawyer, struggled to keep the focus away from drugs.

"This is a case about free speech.  It is not a case about drugs," Mertz said.

Conservative groups that often are allied with the administration are backing Frederick out of concern that a ruling for Morse would let schools clamp down on religious expression, including speech that might oppose homosexuality or abortion.

[snip]

A decision is expected by July.

Pubdate:   Tue, 20 Mar 2007
Source:   Juneau Empire (AK)
Details:   http://www.mapinc.org/media/549
Author:   Mark Sherman, The Associated Press
Cited:   http://www.supremecourtus.gov/oral_arguments/argument_transcripts/06-278.pdf
Bookmark:   http://www.mapinc.org/topics/Bong+Hits+4+Jesus
Bookmark:   http://www.mapinc.org/find?225 (Students - United States)
Continues:   http://www.mapinc.org/drugnews/v07.n353.a11.html

[snip]


(6) RICHARDSON TO LEGALIZE MEDICAL MARIJUANA    (Top)

SANTA FE, N.M.  - Democratic Gov. Bill Richardson, poised to sign a bill making New Mexico the 12th state to legalize medical marijuana, said Thursday he realizes his action could become an issue in the presidential race.

"So what if it's risky? It's the right thing to do," said Richardson, one of the candidates in the crowded 2008 field.  "What we're talking about is 160 people in deep pain.  It only affects them."

The legislation would create a program under which some patients _ with a doctor's recommendation _ could use marijuana provided by the state health department.  Lawmakers approved the bill Wednesday. The governor is expected to sign it in the next few weeks.

Richardson has supported the proposal since he first ran in 2002. But he pushed especially hard for it this year, leaning on some Democrats to change their votes after the bill initially failed.

[snip]

Pubdate:   Thu, 15 Mar 2007
Source:   Casper Star-Tribune (WY)
Copyright:   2007 Casper Star-Tribune
Details:   http://www.mapinc.org/media/765
Author:   Deborah Baker
Continues:   http://www.mapinc.org/drugnews/v07/n327/a08.html


(7) SENATE PANEL WANTS TO GIVE SHERIFFS ACCESS TO PHARMACY    (Top)

RALEIGH, N.C.  - County sheriffs would be allowed to review pharmacy records while investigating the illegal use or sale of prescription drugs under a bill that cleared a Senate committee Tuesday.

State law allows federal and State Bureau of Investigation agents, along with certain state health regulators, to inspect
prescriptions, order forms and records of controlled substances. Sheriffs believe they should have the same access because they are often the first investigators in drug-related cases.  "The sheriff is constitutionally elected," said Sen.  John Snow, D-Cherokee, the bill's sponsor.  He said current law "ignored where the rubber meets the road, and that's the local sheriff's office."

The bill would allow only sheriffs _ not deputies or city police chiefs _ to enter a pharmacy and ask for records.  Proponents said such authority would help local sheriffs investigate whether a prescription holder may be illegally selling or obtaining prescription drugs.

Sheriffs could share the information with other law officers or in connection with a criminal investigation or licensing board hearing. The bill was approved by a Senate judiciary panel, and now goes to the full Senate for consideration.

[snip]

Pubdate:   Tue, 13 Mar 2007
Source:   McDowell News, The (NC)
Copyright:   2007 Media General Inc.  All Rights Reserved
Details:   http://www.mapinc.org/media/1765
Author:   Gary D.  Robertson Associated Press Writer
Continues:   http://www.mapinc.org/drugnews/v07/n328/a10.html


(8) ROBBERY SUSPECT SAYS THE D.E.A. MADE HIM DO IT    (Top)

Many people accused of crimes come up with unusual defenses and alibis, but one sad-faced man now imprisoned at Rikers Island has offered a novel one.  He says he was working as an undercover operative and committed a home-invasion robbery in 2004 with the full knowledge and approval of the United States Drug Enforcement Agency.

The suspect, Juan Medina, currently on trial in State Supreme Court in the Bronx, was arrested after first waiting for the police to arrive.  They found a .38-caliber revolver, two .38-caliber bullets and three stolen cellphones in his jacket pocket.

The D.E.A.  has acknowledged that Mr. Medina, 24, was under contract as an informant.  But the agency has not come to his aid, and is, in fact, helping prosecute him on charges of burglary, robbery and criminal possession of a weapon stemming from the robbery at a Bronx apartment.  If convicted, he could be sentenced to 25 years in prison.

Last week, Joseph Mercurio, a D.E.A.  special agent, testified that neither he nor anyone else at the agency knew that Mr.  Medina and the drug gang he was trying to infiltrate had been preparing to commit a crime.

Mr.  Medina has said that he had spoken to either Mr. Mercurio -- whom he knew only as "Joe," or to Mr.  Mercurio's partner, Detective Therone Eugene, a k a "T.J." -- a few hours before the bungled crime, telling them that the gang was casing an apartment.

"I always told them what I was going to do," Mr.  Medina said during an interview at Rikers Island before his trial started.  "I was in the wrong place at the wrong time."

Mr.  Medina, who had no previous criminal record, said he became involved with the D.E.A.  in the fall of 2004, a few months after his father was sentenced to 20 years in federal prison on drug conspiracy charges.  He said he was told that if he helped the agency, his father might win an early release.  ( He asked that his father not be identified.  )

"One of the agents who arrested my father said, 'If you know one of his friends who he used to be with, you could help us,' " he said. "They said, 'You could get paid and you could also get your father less time.' "

[snip]

Pubdate:   Mon, 19 Mar 2007
Source:   New York Times (NY)
Copyright:   2007 The New York Times Company
Details:   http://www.mapinc.org/media/298
Author:   Timothy Williams
Bookmark:   http://www.mapinc.org/corrupt.htm (Corruption - United States)
Bookmark:   http://www.mapinc.org/find?246 (Policing - United States)
Continues:   http://www.mapinc.org/drugnews/v07/n346/a11.html


Law Enforcement & Prisons


COMMENT: (9-12)    (Top)

Sometimes it seems there won't be justice in the drug war, as our first story shows, but sometimes justice just takes 17 years to catch up, as our second story shows.  Drug-related police corruption, however, appears to be perennial, as demonstrated by our last two selections.


(9) OFFICER WON'T BE CHARGED IN KILLING    (Top)

WHARTON - A blood trail leading to a knife, testimony from an expert in the use of force and a Texas Ranger led a Wharton County grand jury Wednesday to decline to indict a Wharton police detective in the killing of a 17-year-old during the service of a narcotics search warrant.

Police Detective Sgt.  Don Falks shot to death 17-year-old Daniel Castillo Jr.  on Feb. 13 in Castillo's bedroom.

On Wednesday, District Attorney Josh McCown said the grand jury found there was insufficient evidence to charge Falks with a crime. Further, he said, the grand jury felt the evidence proved the shooting was justified.

McCown took precautions before the grand jury session, seating them at the Wharton County Sheriff's Office instead of the courthouse annex building.

"We wanted to make sure ( the jurors ) were brought in without being harassed by anybody.  There have also been potential death threats made against Falks, but they were unspecified."

Castillo's family wasn't threatening anyone, but even before the decision was announced they were promising to have Falks kicked off the force and to go after McCown at the ballot box.

"I don't see ( Falks ) coming back to work for very long," said Gloria Castillo, the victim's aunt.  "We're going to run him out of this community.  If he goes to another one, we'll make sure they know his history.  He's not going to get away with this."

[snip]

Pubdate:   Thu, 15 Mar 2007
Source:   Victoria Advocate (TX)
Copyright:   2007 Victoria Advocate Publishing Company
Details:   http://www.mapinc.org/media/671
Author:   Barry Halvorson, Victoria Advocate
Continues:   http://www.mapinc.org/drugnews/v07/n327/a03.html


(10) POT SMOKER JAILED FOR LIFE IS FREE    (Top)

Brown Embraces Freedom As Public Campaign Throws Open Prison Doors After 17 Years

By Brooks Egerton, The Dallas Morning News

Tyrone Brown came home Thursday to a place he'd never been and relatives he'd never met, 17 years after a single positive marijuana test while he was on probation led a Dallas judge to sentence him to life in prison.

Mr.  Brown guffawed one minute and melted into tears the next. At every turn, he struggled to take stock of what freedom looked like: his face on T-shirts, a bedroom with a window that opens, a kitchen full of soul food, and well-wishers and camera crews from as far away as New York.

Having spent his entire adult life behind bars, his immediate desires were simple.

"I'd like to take a bath," he said.  "I've been standing up for 17 years."

Gov.  Rick Perry granted the 34-year-old a conditional pardon last week in a case that attracted national attention and came to symbolize judicial inequities in Texas.

"It still doesn't feel real," said his mother, Nora Brown.  "I kept pinching him."

At a reception at her Dallas home, Ms.  Brown paced among the storm of food she'd cooked up, which included three types of cake because she no longer knew which was her son's favorite.  She couldn't bring herself to rest, despite several days of sleeplessness and anxiety attacks that made her nearly hyperventilate.

Tyrone Brown was a poor teenager with no criminal record when Judge Keith Dean initially put him on probation in 1990 for taking part in an armed robbery in which no one was hurt.

The drug test and life sentence that followed contrasted sharply with another case in the same judge's court, both of which were profiled last spring by The Dallas Morning News.  In the other case, a well-connected white man got probation for murder and, despite several positive tests for cocaine and other violations, still avoided prison.

[snip]

Pubdate:   Fri, 16 Mar 2007
Source:   Dallas Morning News (TX)
Copyright:   2007 The Dallas Morning News
Details:   http://www.mapinc.org/media/117
Author:   Brooks Egerton, The Dallas Morning News
Bookmark:   http://www.mapinc.org/people/Tyrone+Brown (Tyrone Brown)
Continues:   http://www.mapinc.org/drugnews/v07/n341/a02.html


(11) OFFICER BUNGLED 4 CASES, POLICE SAY    (Top)

Charges Dropped Against 3 Defendants

TAMPA - In 2005, Tampa police Officer Melodie Delgado participated in about 70 undercover drug deals, focusing on people police thought were members of a gang called the Drak Boys.

Problem is, she couldn't keep track of whom she had arrested when preparing some of her cases for trial, police said.

Delgado, 42, bungled four cases so badly that prosecutors dropped charges in three of them and reduced the penalty in the fourth, according to internal investigation findings released Friday.

One of the men whose charges were dismissed is awaiting trial on a new felony cocaine-possession charge from 2006, public records show.

Maj.  George McNamara called the carelessness distressing. "You have to work the cases thoroughly through the criminal justice system," he said Friday.  "What makes this so glaring is, in her failure to do this, charges were thrown out."

The police department reviewed these four cases after prosecutors raised questions during trial preparation about Delgado's methods of identifying the defendants, the internal investigation states.

The investigation found that Delgado failed to review evidence accurately from her undercover transactions before presenting her cases to prosecutors.  She also gave "sloppy" and "ambiguous" testimony, police said.

[snip]

Pubdate:   Sat, 17 Mar 2007
Source:   Tampa Tribune (FL)
Copyright:   2007 The Tribune Co.
Details:   http://www.mapinc.org/media/446
Continues:   http://www.mapinc.org/drugnews/v07/n340/a06.html


(12) NEW HAVEN WILL SCRUTINIZE PENSION REQUEST OF ARRESTED    (Top)LIEUTENANT

NEW HAVEN, Conn.  -- Mayor John DeStefano said Thursday that he has requested an investigation into the earnings and payroll records of a lieutenant who filed paperwork to retire days after his arrest on theft charges.

Lt.  William White, the head of the narcotics unit, was charged Tuesday with stealing nearly $30,000 in what he thought was drug money, but was actually cash planted by the FBI at investigation scenes.  He was also accused of taking tens of thousands of dollars in bribes from the bail bondsmen in return for capturing fugitives who skipped bail.

"Given the egregious nature of the federal charges pending against this individual, we owe it to the taxpayers to scrutinize all issues related to retirement before acting," DeStefano said.  "This is a person charged with serious violations of the public trust, who operated with significant autonomy, including authorizing his own overtime."

[snip]

Pubdate:   Thu, 15 Mar 2007
Source:   Stamford Advocate, The (CT)
Copyright:   2007 Southern Connecticut Newspaper, Inc.
Details:   http://www.mapinc.org/media/1522
Continues:   http://www.mapinc.org/drugnews/v07/n327/a07.html


Cannabis & Hemp-


COMMENT: (13-16)    (Top)

It took many years, but another domino fell in the war against users of medical cannabis, when New Mexico became the 12th state to incorporate a law allowing use by the sick and dying.  A state law alone is not adequate protection for ill people when the feds can still punish, and one Californian, Angel Raich, was hoping to seek a remedy to that situation.  Unfortunately politics won out, and the Ninth U.S.  Circuit Court favored the healthy, vibrant feds over the disadvantaged sick.  Nice guys, eh?

Reefer Madness is scaling new heights over in the UK when a tabloid which always favored reform of cannabis policy, caved to authoritarian pressure, and decided that pot is the bane of society, and has retracted all notions of legalizing it's use.

North Dakota Agriculture Commissioner Roger Johnson surprised the DEA when he went to headquarters to personally hand over a lot of cash and the applications from two state farmers who wish to plant hemp this season.  Perhaps if U.S. citizens nationwide got behind them, it would be much harder for the DEA to ignore this very reasonable request.  How much progress has really been made in the drug war if U.S.  farmers still do not have the right to grow hemp?


(13) APPLAUD LAWMAKERS FOR MEDICAL POT BILL    (Top)

It took years, a lot of wrangling and considerable grief, but finally New Mexico will join 11 other progressive and caring states that allow the use of marijuana for medical purposes.

Way overdue, it is the right thing to do, because its intent is solely to bring comfort and relief to patients for whom marijuana is a painkiller.  It is such a simple, human thing to do that we are moved to ask: What the heck took so long?

[snip]

Richardson and the Legislature deserve praise for cutting through the nonsense, finally standing up and doing the right thing - even if in the face of a regressive federal government that has refused to compromise in its inhumane declaration that marijuana is an illegal, controlled substance with no medicinal value.

While federal courts continue to sanction that inhumanity with rulings against patients, doctors and medicinal marijuana, in New Mexico people in need of medical marijuana will at least know that their state government, governor and Legislature are on their side.

Pubdate:   Mon, 19 Mar 2007
Source:   Albuquerque Tribune (NM)
Copyright:   2007 The Albuquerque Tribune
Details:   http://www.mapinc.org/media/11
Bookmark:   http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)
Continues:   http://www.mapinc.org/drugnews/v07.n349.a03.html


(14) THE CASE OF ANGEL RAICH    (Top)

So today we have the case of Angel Raich, who has been using medical marijuana since 1997 to cope with the pain of scoliosis, endometriosis, seizures and a serious wasting disease.  She says marijuana is the only thing that relieves her pain.  She uses marijuana every day, even though it is against federal law.  Her doctor says that if she stops using marijuana, she will die in agony.

She is not fond of being a lawbreaker.  She is not fond of waiting for the feds to confiscate her stash and bring her up for arraignment on felony charges.  So she has sued the government, contesting the ban on medical marijuana.  Her case went all the way to the U.S.  Supreme Court, where her petition was denied.

Her very last constitutional challenge was denied last week, when a three-judge panel of the Ninth U.S.  Circuit Court "reluctantly" agreed that she had no case.  Actually, the reluctance part was only a 2-1 decision, because Judge Arlen Beam, visiting from St.  Louis, said that he wasn't reluctant at all and that bad people should be punished.  Here I paraphrase.

So on one side: seriously ill woman in excruciating pain.  On the other side: comfortable judges expressing tasteful reluctance.  I know, if we ignore the laws we rip the fabric of society, and we can't break a law just because we don't agree with it, and we certainly can't interpret laws in order to get a desirable outcome. Oh yes, and that never happens.

Except, say, for Bush vs.  Gore, where the Supreme Court, citing nothing at all that made any sense, made George Bush president because it wanted him to be president.  And then it said: This ruling is not a precedent, it's just a thing we felt like doing.  Again I paraphrase.  So it's OK to bend the rules to get a Republican in the White House, but it's not OK to bend the rules to allow a woman to avoid agony.  Yeah, those are values I can live with.

[snip]

Pubdate:   Mon, 19 Mar 2007
Source:   San Francisco Chronicle (CA)
Page:   E - 8
Author:   Jon Carroll
Note:   title by newshawk
Bookmark:   http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark:   http://www.mapinc.org/people/Raich (Angel Raich)
Continues:   http://www.mapinc.org/drugnews/v07.n347.a05.html


(15) CANNABIS: A RETRACTION    (Top)

Yes, our front page today is calculated to grab your attention.  We do not really believe that The Independent on Sunday was wrong at the time, 10 years ago, when we called for cannabis to be decriminalised.  As Rosie Boycott, who was the editor who ran the campaign, argues, the drug that she sought to decriminalise then was rather different from that which is available on the streets now.

Indeed, this newspaper's campaign was less avant-garde than it seemed.  Only four years later, The Daily Telegraph went farther, calling for cannabis to be legalised for a trial period.  We were leading a consensus, which even this Government - often guilty of gesture-authoritarianism - could not resist, downgrading cannabis from class B to class C.

At the same time, however, two things were happening.  One was the shift towards more powerful forms of the drug, known as skunk.  The other was the emerging evidence of the psychological harm caused to a minority of users, especially teenage boys and particularly associated with skunk.

We report today that the number of cannabis users on drug treatment programmes has risen 13-fold since our campaign was launched, and that nearly half of the 22,000 currently on such programmes are under the age of 18.  Of course, part of the explanation for this increase is that the provision of treatment is better than it was 10 years ago.  But there is no question, as Robin Murray, one of the leading experts in this field, argues on these pages, that cannabis use is associated with growing mental health problems.

[snip]

Pubdate:   Sun, 18 Mar 2007
Source:   Independent on Sunday (UK)
Copyright:   Independent Newspapers (UK) Ltd.
Details:   http://www.mapinc.org/media/208
Referenced:   http://www.mapinc.org/drugnews/v07/n344/a04.html
Referenced:   http://www.mapinc.org/drugnews/v07/n342/a11.html
Bookmark:   http://www.mapinc.org/topics/skunk
Bookmark:   http://www.mapinc.org/people/Rosie+Boycott
Continues:   http://www.mapinc.org/drugnews/v07.n347.a04.html


(16) N.D. FARMERS APPLY FOR HEMP PERMITS    (Top)

According to North Dakota Agriculture Commissioner Roger Johnson, his meeting with Drug Enforcement Administration officials last month wasn't exactly encouraging.  Johnson traveled to Washington, D.C., in February (his second trip to the Capitol to meet with the DEA) to hand-deliver the North Dakota industrial hemp-farming licenses he's signed off on for two farmers -- the first two farmers to be licensed to grow the environmentally friendly crop since the state codified rules for the plant's cultivation last fall.  Although the state has licensed the farmers, they still need the nod from the DEA in order to sow their seeds -- and whether the DEA will actually allow the agricultural endeavor to go forward is still unclear. "They made it clear that they continue to believe that industrial hemp and marijuana are the same thing," he said.  "So we had a discussion about how I, and the rest of the world, have come to the opinion that they are not the same thing.

And my hope is that [the DEA] might start thinking about how to differentiate the two in their rules and their application."

If history is any guide, it is unlikely that will happen or that the narcos will sign off on the farmers' bid -- the agency has only ever granted one request to grow the crop, to researchers in Hawaii, whose permit has long since expired.

More commonly, the DEA simply ignores requests to grow hemp, which they consider a danger to their anti-drug mission (indeed, the agency has yet to make a final ruling on an application made by researchers at North Dakota State University in 1999).  The DEA theory that justifies their choke hold on domestic hemp production goes a little something like this: Marijuana and hemp are strains of cannabis.  Pot is illegal; therefore, hemp is illegal, and allowing its cultivation would encourage the illicit production of marijuana.

[snip]

Pubdate:   Thu, 15 Mar 2007
Source:   Austin Chronicle (TX)
Copyright:   2007 Austin Chronicle Corp.
Details:   http://www.mapinc.org/media/33
Author:   Jordan Smith
Note:   An ongoing series of columns entitled "Reefer Madness"
Continues:   http://www.mapinc.org/drugnews/v07.n327.a04.html


International News


COMMENT: (17-20)    (Top)

Things may be bad for cannabis users in Oklahoma or Alabama, but they should consider themselves lucky not to be in Malaysia, where, this week the Malaysian High Court reaffirmed the death penalty for a cannabis offense.  A man convicted of trafficking in cannabis when he was caught with about two pounds of the flower in 1990, was sentenced to death by hanging in 1994, but had been appealing the sentence since that time.

In Bolivia, uppity coca growers (already having elected one of their own to the presidency a few years ago) continue to press for reforms, last week kindly requesting that international companies "refrain from using the name of the sacred leaf" in product names like "Coca Cola".  After coca industry representatives to a constitutional assembly proposed the ban, the Coca Cola company struck back with a press release denying "that Coca-Cola has ever used cocaine as an ingredient".  The Coca Cola company "exported coca as a raw material for Coca-Cola, and we can't even freely sell it in Bolivia," complained one state government supervisor from Chapare.

And from Australia this week, two editorials and one government commission brazenly used the word "prohibition" to describe the war on drugs this week.  The first, by Phillip Adams and appearing in the March 17th edition of The Australian, admits straight up, first sentence: "Prohibition doesn't work." It would be hard to put it more succinctly.  "Didn't work for grog. Doesn't work for drugs... So if you want something to flourish, ban it.  Thus prohibition is the drug pusher's best friend."

In the March 20th edition of Australian publication, The Age, entitled, "Sensationalism No Way To Fight Drug Addiction," Andrew Macintosh reveals that the federal Australian Crime Commission's recent Parliamentary Joint Committee report on amphetamines and synthetic drugs also openly spoke of the failure of drug prohibition.  "Prohibition," said the Crime Commission, "while theoretically a logical and properly intentioned strategy, is not effective".  The report, which recommended "harm-reduction strategies and programs receive more attention and resources," was predictably denounced by prohibitionists because it contained "harm minimisation messages."


(17) DUO TO BE HANGED AFTER LOSING THEIR FINAL APPEALS    (Top)

Kota Kinabalu: Two death row prisoners failed in their bid at the Federal Court here on Monday to reverse the death sentences imposed on them by the High Court.

[snip]

Meanwhile, in Basil's case, he appealed that the conviction and sentence to be set aside or alternatively reduced to that of possession only.

Basil was sentenced to death by hanging by the Sandakan High Court on Sept 26, 1994 for trafficking 1,241gm of cannabis in a taxi in front of the general market in Sandakan on Jan 31, 1990.

He was charged under Section 39B(1)(a) of the Dangerous Drugs Act which carries a mandatory death sentence.

On June 3, 2002 the Court of Appeal affirmed the conviction and sentence imposed by the High Court.

Pubdate:   Tue, 20 Mar 2007
Source:   Daily Express (Malaysia)
Copyright:   2007 Daily Express
Details:   http://www.mapinc.org/media/3635
Bookmark:   http://www.mapinc.org/pot.htm (Cannabis)
Continues:   http://www.mapinc.org/drugnews/v07.n353.a04.html


(18) BOLIVIANS: COCA-COLA SHOULD DROP 'COCA'    (Top)

LA PAZ, Bolivia --Always Coca-Cola? Not if Bolivia's coca growers have their way.  The farmers want the word "Coca" dropped by the U.S. soft drink company, arguing that the potent shrub belongs to the cultural heritage of this Andean nation, where the coca leaf infuses everyday life and is sacred to many.

A commission of coca industry representatives advising an assembly rewriting Bolivia's constitution passed a resolution Wednesday calling on the Atlanta, Ga.-based company to take "Coca" out of its name and asking the United Nations to decriminalize the leaf.

The resolution demands that "international companies that include in their commercial name the name of coca (example: Coca Cola) refrain from using the name of the sacred leaf in their products."

[snip]

Coca-Cola released a statement Thursday saying their trademark is "the most valuable and recognized brand in the world" and was protected under Bolivian law.

The statement repeated the company's past denials that Coca-Cola has ever used cocaine as an ingredient -- but was silent on whether the natural coca leaf was used to flavor their flagship soda.

"They need to understand our situation," said David Herrera, a state government supervisor for the coca-rich Chapare region.  "They exported coca as a raw material for Coca-Cola, and we can't even freely sell it in Bolivia."

[snip]

Pubdate:   Fri, 16 Mar 2007
Source:   Boston Globe (MA)
Details:   http://www.mapinc.org/media/52
Author:   Dan Keane, Associated Press Writer
Bookmark:   http://www.mapinc.org/coke.htm (Cocaine)
Bookmark:   http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Continues:   http://www.mapinc.org/drugnews/v07.n338.a06.html


(19) BAN IT AND WATCH IT FLOURISH    (Top)

PROHIBITION doesn't work.  Didn't work for grog. Doesn't work for drugs.  Failed with porn. Hopeless with ideas. Not only does prohibition not work, it's entirely counterproductive.

Applied to alcohol in the United States from 1920 to 1933, prohibition added to alcoholism and nurtured gangsters such as Al Capone, while writing a blank cheque for corruption at every level of the political and justice systems.

Applied to drugs, prohibition teamed with useless exercises in interdiction gave narcosis increased countercultural cred, recruited millions of users and addicts, created countless drug lords with their mules, pushers and enforcers and encouraged limitless corruption -- up to and including the corruption of national governments.

[snip]

In a democracy, ideas, good and bad, come crashing through the door. In dictatorships they creep through the cracks.  Even the combined threat of the KGB and the Gulag failed to stop the Soviet's samizdats, the whispering and finally the shouting of dissent.  Ditto for any other totalitarian society you can name.  Combine human recalcitrance with increasingly subversive technology and censorship is as old hat as John Kerr's topper.

So if you want something to flourish, ban it.  Thus prohibition is the drug pusher's best friend and secrecy the surest way of spreading secrets.

[snip]

Taboo or not taboo? If you want to promote something, persuade the church or state to condemn it or, better still, ban it.

[snip]

Pubdate:   Sat, 17 Mar 2007
Source:   Australian, The (Australia)
Details:   http://www.mapinc.org/media/35
Author:   Phillip Adams
Continues:   http://www.mapinc.org/drugnews/v07.n335.a04.html


(20) SENSATIONALISM NO WAY TO FIGHT DRUG ADDICTION    (Top)

Drugs policy arouses strong emotions.  People see drug users and fear the unknown.  The traditional response from politicians, particularly conservatives, has been to exploit these fears for political gain. The outcome has been an over-reliance on law enforcement as a means of stamping out both the supply and use of harmful drugs.

[snip]

Penalties have been increased for drug offences, funding has been increased for drug law enforcement, the Government has run several prevention campaigns based on dramatic images of the dangers associated with drug use and money has been directed to
abstinence-based treatment services.  All the while, harm reduction and other treatment services have remained chronically under-funded.

Given this history, the recently released report on amphetamines and other synthetic drugs by the federal Parliamentary Joint Committee on the Australian Crime Commission is a brave document.

Most notably, in contrast to the report from the House of Representatives Standing Committee, the committee unanimously supported harm minimisation and recommended that "harm-reduction strategies and programs receive more attention and resources".

In its conclusions, the committee said "prohibition, while theoretically a logical and properly intentioned strategy, is not effective".  It also argued that "the current national approach to illicit drugs - supply reduction, demand reduction and harm reduction - - will achieve greater outcomes if a better balance between these approaches can be reached".  In common parlance, this means there should be less emphasis on law enforcement and more on education and drug treatment.

Unfortunately, it is a rare event when any government body decides to make drug policy recommendations that are based on evidence.  The report was not received warmly by the Government.

The House of Representatives Standing Committee on Family and Community Affairs has also launched another drug-related inquiry, seemingly to counter the recommendations made by the joint committee.  And in its recent hearings, the chairwoman of the committee, Bronwyn Bishop, attacked representatives from the Department of Health for publishing documents containing harm minimisation messages, saying "this document is full of harm minimisation.  The Prime Minister said that he is opposed to harm minimisation and that we do not have it."

[snip]

It is hoped there will come a time when enough politicians recognise that drug use disorders are a health problem that cannot be solved by harsh drug laws or sensationalised advertising.

Andrew Macintosh is deputy director of the Australia Institute.

Pubdate:   Tue, 20 Mar 2007
Source:   Age, The (Australia)
Copyright:   2007 The Age Company Ltd
Author:   Andrew Macintosh
Note:   Andrew Macintosh is deputy director of the Australia Institute.
Bookmark:   http://www.mapinc.org/hr.htm (Harm Reduction)
Bookmark:   http://www.mapinc.org/rehab.htm (Treatment)
Continues:   http://www.mapinc.org/drugnews/v07.n349.a09.html


HOT OFF THE 'NET    (Top)

WILL THE SUPREME COURT SEPARATE "DRUG SPEECH" FROM FREE SPEECH?

By Daniel Abrahamson, AlterNet.  Posted March 23, 2007.

Justices in the Supreme Court's "Bong Hits 4 Jesus" case appear to be interested in turning "Just Say No" into "Don't Even Say It," curtailing free speech rights.

http://alternet.org/drugreporter/49635/


IT'S BEEN AN 'ALL OUT WAR' ON POT SMOKERS FOR 35 YEARS

Thirty-five years ago this month, a congressionally mandated commission on U.S.  drug policy did something extraordinary: They told the truth about marijuana.

By Paul Armentano, AlterNet.  Posted March 22, 2007.

Continues:   http://www.alternet.org/rights/49597

Cited:   http://www.druglibrary.org/schaffer/Library/studies/nc/ncmenu.htm


MP LIBBY DAVIES ADDRESSES CANADIAN STUDENTS FOR SENSIBLE DRUG POLICY

Libby Davies, MP (NDP-Vancouver East, BC) delivers the keynote address at the opening of the founding Canadian Students for Sensible Drug Policy Conference.  (McGill University, Montreal, Quebec, March 16, 2007.)

Now available at the National Capital Reformers Video Vault - http://www.ncrefs.ca/


BONGWATER INTO WHINE

Drug warriors push broad censorship of student speech.

By Jacob Sullum, March 21, 2007

http://www.reason.com/news/show/119228.html


RICHARD NIXON ON POT

March 22, 2007 - Washington, DC, USA

Previously Unheard Nixon Recordings To Be Broadcast Exclusively On NORML's Daily AudioStash

http://norml.org/index.cfm?Group_ID=7220


CULTURAL BAGGAGE RADIO SHOW

Tonight:   03/23/07 - Stop Prison Rape - Katherine Hall-Martinez, JD
and Rape Survivor Marilyn Shirley.

Last:   03/16/07 - Phil Smith of Stop The Drug War reports on recent
trip to Peru and Bolivia, Atty Joe Alford and Terry Nelson of LEAP.

Listen Live Fridays 8:00 PM, ET, 7:00 CT, 6:00 MT & 5:00 PT at www.KPFT.org


HOW THE INDEPENDENT ON SUNDAY GOT IT HORRIBLY WRONG ON CANNABIS

The Independent on Sunday jumped on the skunk-panic bandwagon this weekend with a brash tabloid headline: 'Cannabis - An apology', above a figure of 10,000 in big red letters - which we are informed is the number of teenagers treated for 'cannabis addiction' last year, apparently ten-fold higher than back in 1997.

http://transform-drugs.blogspot.com/2007/03/how-independent-on-sunday-got-it.html


WHAT YOU CAN DO THIS WEEK    (Top)

WRITE A LETTER

Bong Hits 4 Jesus Is About Free Speech, Not Drugs - A DrugSense Focus Alert.

http://www.mapinc.org/alert/0344.html


LETTER OF THE WEEK    (Top)

PROHIBITION INCREASES DRUG USE: TEACHER

By Dan Banov

Editor, The News:

Well, the proof is here with a new survey reported on marijuana use by Vancouver coastal Health.  The survey showed that more children use marijuana than cigarettes.

In other words, prohibition increases use of drugs.

I ran in the last election as a Marijuana Party candidate even though I have never used marijuana.  I ran because, as a teacher, I saw that students could access marijuana and other illegal drugs more easily than legal cigarettes.

Efforts to eliminate drug use does not stop drug use -- it only wastes resources that could be better deployed.

It is not difficult to understand how young minds can be influenced by someone who makes a commission selling drugs by showing how hip they are.

You compare this to buying legal cigarettes, which require ID from some glaring salesclerk.  After buying cigarettes they then have to view scary pictures and threats.

Most students are brought up to make right choices and education makes a difference.  Making drugs illegal only makes drugs more attractive.  Every student in school can easily find any drug with a few inquiries.  If you have children, just ask. They know a lot.

Dan Banov
Maple Ridge

Pubdate:   Sat, 10 Mar 2007
Source:   Maple Ridge News (CN BC)


LETTER WRITER OF THE MONTH - FEBRUARY    (Top)

DrugSense recognizes Moe Brondum of the Saskatchewan Marijuana Party, North Battleford, Saskatchewan for his seven letters published during February.  This brings his total published letters, that we know of, to 14.

You may read his published letters at:

http://www.mapinc.org/writers/Moe+Brondum


FEATURE ARTICLE    (Top)

WAR ON DRUGS IS WAR ON OUR OWN PEOPLE

By Ellen Taylor

Mike Goldsby, a highly-respected local expert in drug addiction, declared in last week's My Word opinion, "I have nothing good to say about methamphetamines."

The estimated 1.4 million users in the U.S.  would disagree. Productivity-oriented professionals with demanding careers praise the increased alertness afforded by meth.  Timber fallers, mill workers, truck drivers, and others in dangerous occupations extol the stamina it provides.  The military has always depended upon meth as a source of courage and quick reaction time.  Poor people, trapped in multiple low-paying jobs or the exhausting paperwork demands of public assistance, emphasize its empowering and antidepressant effect.

These people agree that, like other drugs, meth can be fatal.  But its high morbidity and mortality, they would add, rest in the fact that its use is illegal.

Like marijuana, also a medicine, meth is a multibillion-dollar criminal industry.  There is naturally violence where such huge profits are to be made.

As revealed by Gary Webb in his San Jose Mercury News articles on crack cocaine, successful drug networks involve protection and exploitation by government agencies, including law enforcement. Police departments flourish on grants for drug interdiction.  The domestic cost of the War on Drugs was $51 billion in 2006.

The penal system, increasingly privatized, prospers as well.  The public pays an annual $27,000 for each of 2.5 million prisoners.  As a society, we are invested in this industry: Some cities are almost exclusively supported by their prisons.

I recently attended a conference, "Methamphetamine, Hepatitis and HIV," in Salt Lake City, where drug policy analysts described "set and setting" as determinants of how a drug or medicine will affect an individual.

The law enforcement vendetta against meth, and media use of such slogans as "meth kills," linking it to deviance, disease and violence, provides a hostile setting, and amounts to a
self-fulfilling prophecy.

Public opinion as reflected in Times-Standard op-eds echo the official contempt.  One guest opinion praised the policies of MaoTse-tung for summarily executing drug offenders.  Another called it "terrorism," and suggested soliciting Homeland Security money.

The recent killings by the Eureka police were attributed to the victims' use of meth, which is rapidly becoming a license to kill. Even Mike Goldsby, in saluting law enforcement's "vital role in holding addicts accountable," regretted that "there are not enough police or jails to arrest, convict and incarcerate every addict."

A declaration of war is an open invitation to ignore the rights of individuals in the name of a more urgent destiny.  The War on Drugs is no exception.

Harsher sentences than for murder, illegal searches and seizures, intrusive urine testing, property forfeitures, disenfranchisement, ineligibility for public support, housing, school loans or food stamps, loss of children: Fourth, fifth, eighth and fourteenth amendment protections are widely denied meth users.

Demonization of meth cripples democracy.  A minority of our citizens even votes, let alone takes an active role in policy decisions which will affect their and their childrens' lives.

Involvement in illegal and socially-condemned activities has estranged large segments of the population from political life. Paranoia prevents users from exercising their first amendment rights to express their opinions.  Thus, in a democracy already handicapped by apathy, a stigmatized class is prevented from defending their own interests.

This has powerful implications.  One op-ed reported that 70 percent of children in some Humboldt County schools come from "meth homes." Urine tests at local clinics confirm wide use.

Paul Gahlinger, M.D., commander of the Davis County Jail in Utah, observed that his inmates, 65 percent meth convicts and one-third female, attribute their incarceration not to meth but to the chaotic problems of poverty.  They have no plan to stop using.

It is evident that meth is endemic, a street medicine used to treat endemic conditions of life in the American culture of speed, performance, achievement, self-absorption, alienation, waste and neglect.

The War on Drugs amounts to a war on our own people.  It is contrary to the precepts of Christianity and all other religions, and destructive to the foundations of democracy.

We must treat the human conditions which cause suffering, instead of demonizing the medicine that relieves the symptoms, if we wish to restore family and human values to our communities.

Pubdate:   Sun, 11 Mar 2007
Source:   Times-Standard (Eureka, CA)
Copyright:   2007 MediaNews Group, Inc.
Details:   http://www.mapinc.org/media/1051
Author:   Ellen Taylor
Note:   Ellen Taylor lives in Petrolia.
Referenced:   Mike Goldsby's OPED -
http://www.mapinc.org/drugnews/v07/n000/a045.html


QUOTE OF THE WEEK    (Top)

"Nothing is at last sacred but the integrity of your own mind." - Ralph Waldo Emerson


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Policy and Law Enforcement/Prison content selection and analysis by Stephen Young (), Cannabis/Hemp content selection and analysis by Deb Harper (), International content selection and analysis by Doug Snead (), Layout by Matt Elrod ().  Analysis comments represent the personal views of editors, and not necessarily the views of DrugSense.

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