New Hair Drug Tests to Detect Pharmacuetical Misuse

Eroding the foundation of healthy parent-child relationships businesses are promoting a new HairConfirm kit to conduct drug tests with hair samples.

Progress for New Jersey Act

A recent measure would allow chronically ill residents of New Jersey to have medicinal cannabis for medical treatment.

Swiss Vote Positively For Medicalization of Opiate Addiction

A pioneering program to give opioid drug dependent individuals government approved heroin just recently was highly approved by Swiss voters.

Latest Medical Marijuana Recommendations for President Obama

Most recently ASA has released policy recommendations for President Obama and his Administration including:1. End federal raids, intimidation and interference with state law; 2. Encourage advanced clinical research trials that meet accepted scientific standards; 3. Ensure the quality and objectivity of information disseminated by federal agencies; 4. Authorize affirmative and legitimate defenses in federal trials; and 5. Remove cannabis from the list of schedule I controlled substances.

Hundreds of Thousands Locked Out of Voting Because of Drug War Policies

Estimates range from 300,000 to more than 900,000 former Florida felons who'll be staying home on Election Day because voting rights were taken--Many of these individuals are locked out of civic engagement because of previous drug charges.

Significant Differences Amid Candidates' Drug Policies

The differences among the two presidential candidates are sharp, including that of drug policies.

UCLA Prop. 36 2008 Final Study

The University of California - Los Angeles issued a new report on California's Prop. 36, also known as the Substance Abuse and Crime Prevention Act of 2000.

Measures Would Greatly Expand Oregon Prison System

Oregon voters are faced with two competing measures that could expand the prison industrial complex by over $1 billion.

Methamphetamine: Prohibition Shifts Smuggling Routes

The demand for meth and prohibition of its ingredients is re-shaping the global drug trafficking map.

Tues Oct 14, 2008 News Articles

Voters could relax marijuana penalties
Stateline.org

Proposition 5: Measure requires greater leniency in drug crimes
Ventura County (CA) Star

S.F. leads way on patient-friendly pot clubs
San Francisco (CA) Chronicle,

Official: Drug problem in schools
Wheeling Intelligencer (WV)

As the violence soars, Mexico signals it's had enough of America's stupid war on drugs
AlterNet

A plan to win drug war
The Windsor (Canada) Star

"Three strikes and out" penalty for cannabis users falls apart
The Times (London, England)

Afghan minister welcomes NATO's role in war on drug
Xinhua (China)

Life in the midst of a drugs war
Nouse (York University, UK)

Incarceration Causes More Harm Than Benefit

Starting in 1996, the Vancouver Injection Drug User Study now demonstrates how incarceration creates more harm than benefit for injection drug users.

Overdose Fatalities Avoided

More research demonstrates the high importance of Insite, a harm reduction medical agency for injection drug users.

Medical Marijuana: Potential $40 Billion Pharma Market

Over the past 20 years studies have shown the efficacy of using marijuana in medicine specifically its psychoactive ingredient, tetrahydrocannabinol. Forty billion dollars is the number of dollars up for grabs in the North American pharma market for pain, anxiety and mood disorders. Cannasat Therapeutics Inc, a junior drug developer located in Canada, is now targeting those conditions with treatments inspired by cannabis sativa.

Brother of Afghanistan President Alleged Drug Trafficker

Numerous reports and current and former officials from the White House, the State Department and the United States Embassy in Afghanistan link brother of Afghanistan President, Ahmed Wali Karzai, to drug trafficking.

Drug Decriminalization Proposed by Mexico President

Since December 2006 about 30,000 troops have entered eight states in Mexico in an attempt to quell drug prohibition violence, but almost 3,000 people have been killed this year due to drug trafficking violence.

Majority of Americans Oppose Mandatory Minimum Sentencing

A recent poll indicates that American attitudes regarding mandatory minimum sentencing for drug offenders may be experiencing a dramatic shift toward individualized sentencing.

Medical Marijuana and College Campuses

A Colorado student has been hassled by University administration even though he has adhered to state medical marijuana laws.

Poll: 60 percent of Americans oppose mandatory minimum sentences

Christian Science Monitor, Sept. 25, 2006

Common Sense on the Air

CSDP Director of Research Doug McVay is the guest host for the March 18th, 2008 edition of the Drug Truth Network's Century of Lies program. Doug reports from Vienna, Austria on the 51st annual meeting of the United Nations Commission on Narcotic Drugs with guests Boaz Wachtel, executive director of the Green Leaf Party of Israel; Richard Elliott, Executive Director, Canadian HIV/AIDS Legal Network; Eric Carlin, executive director of Mentor UK and a vice chair of the Vienna Non-Governmental Committee on Narcotic Drugs; and Mike Trace, co-founder and co-coordinator of the International Drug Policy Consortium.

A copy of the entire show can be downloaded from here, or listen to it via audio stream through the DrugTruth website.

Century of Lies is a half-hour weekly show produced at station KPFT-fm in Houston, TX and syndicated to 60-70 stations throughout North America. COL and its sister program, Cultural Baggage, are also available for download or as podcasts from the Drug Truth Network website.

Protestant, Catholic and Jewish Clergy Speak Out Against "The War On Drugs"

Common Sense for Drug Policy Chairman Mike Gray, an author and film maker, has created in cooperation with the Interfaith Drug Policy Initiative a documentary titled "Protestant, Catholic and Jewish Clergy Speak Out Against The War On Drugs."

The reasons for making this video were clear. As Rabbi Michael Feinberg, Executive Director of the Greater NY Labor Religion Coalition, says in the film, "I would say that the war on drugs has caused as much devastation to communities around this country, particularly low income communities, as the drugs themselves." And in the words of The Very Rev. Scott Richardson, Dean at St. Paul's Episcopal Cathedral in San Diego, "One of the reasons that we as religious leaders need to speak out against it is because we share responsibility for it."

The clergy video is available online. Due to its length, it has been divided into two parts, both of which are embedded below. Individual copies of the video are also available on DVD by request. Simply send your mailing address to Common Sense for Drug Policy by emailing CSDP Director of Research Doug McVay.

Common Sense at the United Nations

Common Sense for Drug Policy Director of Research Doug McVay is attending the United Nations' Committee on Narcotic Drugs annual meeting in Vienna, Austria this week. Doug is meeting with other NonGovernmental Organization representatives and governmental representatives, discussing international drug control efforts, and promoting intelligent discussion and evidence-based policies.

Renewal Of Deadly Drugs Campaign Feared As New Thai Government Takes Power

Statements by Thai officials have raised fears of a another bloodbath as that nation's so-called "drug war" is renewed. Under former Prime Minister Thaksin Shinawatra, more than 2,500 people – only a fraction of whom were involved in drugs – were killed allegedly by police authorities working from official blacklists.

The Ottawa Citizen reported on February 23, 2008 ("Thailand Promises A Deadly Toll During New 'War On Drugs'") that "The new Thai government is to relaunch the country's "war on drugs" which killed more than 2,500 people allegedly involved in the trade. During a three-month killing spree in 2003 as intense as a full-scale armed conflict, thousands named on police "black lists" were shot dead, allegedly on government orders. Yet the government's narcotics control board concluded that more than half the victims had no involvement in drugs. One couple from northeastern Thailand were shot dead after coming into unexplained wealth and being added to a black list. They were, in fact, lottery winners. The campaign was one of the principal policies of Thaksin Shinawatra, the former prime minister and Mr. Samak's political patron, who now lives in exile and owns Manchester City Football Club. 'My government will decisively implement a policy against drug trafficking. Government officials must implement this policy 24 hours a day, but I will not set a target for how many people should die,' said Samak Sundaravej, the new prime minister. The interior minister, Chalerm Yubamrung, said: 'When we implement a policy that may bring 3,000 to 4,000 bodies, we will do it.'"

A recent article in the Bangkok Post provides some background on the Thai drug war. The Post reported on Jan. 31, 2008 ("A New Government, Another War On Drugs"): "'I never thought the Thaksin government's drugs war was successful. In fact it was a failure because it violated people's rights and never brought any big-time drug dealers to justice,' said Angkhana Neelaphaijit, chairwoman of the Working Group on Justice for Peace. Mrs Angkhana, who travels frequently to the deep South to provide legal counselling for Muslim victims affected by the ongoing insurgency there, found information indicating that a dozen Muslim people disappeared without trace during the war on drugs and that local police never carried out proper investigations. Mrs Angkhana said that when she checked with the police, they said the disappearances were linked to drug trade in the area. (Mrs Angkhana is the widow of Muslim lawyer Somchai, who was abducted by persons unknown on March 12, 2004. Though feared dead, his body has not been found; conjecture has focused mainly on foul play involving the police.)"

According to the Post, "Bowing to mounting public pressure, the Thaksin government later appointed a panel led by former deputy attorney-general Praphan Naikowit to look into these deaths, but it could not find anyone responsible. After the military coup of Sept 19, 2006, the junta-appointed government of Surayud Chulanont set up another committee to look into the issue last August, but that panel also failed to gather enough evidence to prosecute people believed involved with the campaign."

In addition, according to the Post, "Min Pothog, a village headman of Ban Nong Sa-no in Sri Samrong district, Sukhothai province, said dozens of young people in neighbouring villages had been shot dead without evidence during the campaign, and no one had been prosecuted for those killings. The bereaved parents had been left to suffer in silence. Bai Jaranil, a defence volunteer from the same village, said the new government should not think of drug suppression as simply a part of the populist policies it announced to attract people's votes. This was an issue that directly involved people's lives. So it should supervise the planned campaign carefully and ensure fairness and justice for those affected."

Prescription Drug Diversion Is Public Relations Focus Of 2008 Federal Drug Strategy

The 2008 White House drug control strategy was finally released on Saturday, March 1. As expected, no new policy initiatives or innovative approaches are being proposed.

The Los Angeles Times reported on March 2, 2008 ("Bush urges new rules on online sales of addictive prescription drugs") that "President Bush called on Congress on Saturday to pass legislation restricting online sales of powerfully addictive prescription drugs, citing a growing number of overdoses. Bush referred to San Diego teenager Ryan Haight as he unveiled the 2008 national drug control strategy in his weekly radio address. Haight overdosed on painkillers he bought over the Internet, prompting Sen. Dianne Feinstein (D-Calif.) to introduce the bill that Bush championed Saturday."

According to the Times, Drug Czar John "Walters praised Mexico and Colombia for their help in targeting traffickers and said they had disrupted the cocaine and methamphetamine supply to the U.S. But he singled out Venezuela for failing to cooperate in drug control efforts. 'We stand ready to work' with Venezuela, Walters said. But he noted that many Venezuelan drug flights appeared to leave from airstrips 'where authorities could take control, but that hasn't been done.' He said that drug traffic appeared to be going increasingly to Africa, Europe and the Caribbean. 'It's a huge danger and a growing danger to Venezuela, to Europe, the Caribbean and the U.S.,' Walters said.

The full strategy documents are available from the ONDCP website. Also, a copy of the spending tables from the larger budget document is available from the CSDP archive.

New Study Shows One Adult For Every One Hundred Is Behind Bars In US

Another study has been released demonstrating the absurd number of individuals incarcerated in the United States. According to the New York Times on February 29, 2008 ("U.S. Imprisons One in 100 Adults, Report Finds"), "For the first time in the nation's history, more than one in 100 American adults are behind bars, according to a new report. Nationwide, the prison population grew by 25,000 last year, bringing it to almost 1.6 million, after three decades of growth that has seen the prison population nearly triple. Another 723,000 people are in local jails. The number of American adults is about 230 million, meaning that one in every 99.1 adults is behind bars."

The Times reported that "Incarceration rates are even higher for some groups. One in 36 adult Hispanic men is behind bars, based on Justice Department figures for 2006. One in 15 adult black men is, too, as is one in nine black men ages 20 to 34. The report, from the Pew Center on the States, also found that one in 355 white women ages 35 to 39 is behind bars, compared with one in 100 black women. The report's methodology differed from that used by the Justice Department, which calculates the incarceration rate by using the total population rather than the adult population as the denominator. Using the department's methodology, about one in 130 Americans is behind bars."

The Times noted, "The United States imprisons more people than any other nation in the world. China is second, with 1.5 million people behind bars. The gap is even wider in percentage terms. Germany imprisons 93 out of every 100,000 people, according to the International Center for Prison Studies at King's College in London. The comparable number for the United States is roughly eight times that, or 750 out of 100,000."

The Times noted further that "On average, states spend almost 7 percent of their budgets on corrections, trailing only health care, education and transportation. In 2007, according to the National Association of State Budget Officers, states spent $44 billion in tax dollars on corrections. That is up from $10.6 billion in 1987, a 127 percent increase when adjusted for inflation. With money from bonds and the federal government included, total state spending on corrections last year was $49 billion. By 2011, the Pew report said, states are on track to spend an additional $25 billion. It cost an average of $23,876 dollars to imprison someone in 2005, the most recent year for which data were available."

The Times article stated, "The cost of medical care is growing by 10 percent annually, the report said, and will accelerate as the prison population ages. About one in nine state government employees works in corrections, and some states are finding it hard to fill those jobs. California spent more than $500 million on overtime alone in 2006."

A copy of the report, "One in 100," is available from the CSDP research archive.

Baltimore County Clinic Restrictions Allowed To Stand

A federal court issued a ruling recently allowing restrictions on methadone clinics in Baltimore County to remain in place. The ACLU and a treatment provider had filed suit to have the county-imposed restrictions thrown out because, they claimed, such restrictions are violations of the Americans with Disabilities Act, however the court failed to rule on that issue.

The Baltimore Sun reported on Feb. 24, 2008 ("Drug Clinic Limits Stand") that "With a less-than-definitive opinion from a federal appeals court, Baltimore County officials say they have no intention of scrapping their restrictions on the location of methadone clinics. As a result, at least one proposed methadone clinic in Baltimore County could find it harder to open. A panel of federal judges, sitting one level below the U.S. Supreme Court, issued an opinion this month, finding that a Pikesville methadone clinic should be allowed to stay open. But the appellate court didn't directly answer whether the county law violates the Americans with Disabilities Act - which was the chief complaint made by a Pikesville methadone clinic and the American Civil Liberties Union of Maryland."

According to the Sun, "The opinion handed down by the 4th U.S. Circuit Court of Appeals vacates an injunction issued by a federal District Court judge that had prohibited the county from enforcing its law on the location of clinics. But the appellate court decision also allows the clinic, A Helping Hand, to request a new trial on the ADA questions. The clinic owner and the ACLU of Maryland said they have not decided whether to seek a new trial. 'Part of our decision hinges on what the new injunction says,' said Deborah A. Jeon, legal director for the ACLU of Maryland. 'We have to weigh the costs and the benefits of a new trial.' County officials say they don't plan to revise the regulations on methadone clinics."

The Sun noted that "The Baltimore County Council passed a zoning law in 2002 requiring additional approval for methadone clinics and other state-licensed medical facilities that want to open less than 750 feet from homes in areas zoned for business and office uses. The law allows the clinics to operate in areas designated for manufacturing without special approvals."

It should be noted that according to the Drug Enforcement Administration, "Baltimore is home to higher numbers of heroin addicts and heroin-related crime than almost any other city in the nation and these problems tend to spill over into adjoining counties where many heroin distributors maintain residences. The enormous demand for heroin in the Baltimore metropolitan area led to an increase in the drug's abuse among teens and young adults, who routinely drive into the city to obtain heroin for themselves and other local abusers."

IMF: Afghan Farmers Made $1 Billion From Opium In 2007

The International Monetary Fund has issued an analysis of the Afghanistan economy which estimates that opium production is worth $1 billion to Afghan farmers. Meanwhile the United Kingdom, the nation which leads international anti-drug efforts in Afghanistan, has cut back its funding for the Afghan anti-narcotics ministry. This move comes as international development experts estimate that development efforts to eliminate the opium economy there will cost at least one billion pounds and take some 20 years.

First, the Financial Times reported on Feb. 25, 2008 ("Afghan Drug Body Hit By UK Funding Reversal") that "The country's narcotics economy has grown in strength in the six years since the overthrow of the Taliban regime, which had successfully banned poppy cultivation in 2000. Last year Afghanistan produced its biggest harvest, with output up 17 per cent on 2006. It has also moved into the lucrative business of refining raw opium into heroin inside its own borders. This week the International Monetary Fund said poppy production was worth $1bn to farmers. The value to the drug refiners and traffickers is far greater."

According to the IMF's Staff Report for the 2007 Article IV Consultation, issued Jan. 28, 2008:

Opium remains, by far, the largest cash crop in Afghanistan. Opium production has increased steadily from 185 metric tons in 2001 to 8,200 metric tons in 2007. As a result, Afghanistan has become the world’s largest opium producer, with its share of the total world supply increasing from 52 percent in 1995 to 93 percent in 2007. The increase in production has resulted in a decline in the farm-gate price of fresh opium at harvest time. Although opium prices declined in 2004–07, they were still three times higher than in 1994–2000. In 2007, about 81 percent of the opium production was located in the south and south-west regions of Afghanistan, where anti-government elements are most active.

The impact of opium cultivation on the economy has been substantial. About 12 percent of the population (or 3.3 million people) were involved in opium poppy cultivation during the 2007 season, with the farm-gate value of the opium harvest amounting to $1 billion (11 percent of projected licit GDP). The United Nations Office on Drugs and Crime estimates that the total value of the opium harvest (accruing to farmers, laboratory owners, and traffickers) was about $4 billion in 2007, compared with $2.7 billion in 2005.

According to the Financial Times, the Afghan anti-narcotics agency faces a funding crisis. They report that "The Afghan ministry set up to tackle the drugs trade is facing a staffing crisis after the UK, on the instructions of the Kabul government, withdrew funding for salaries. The best-educated workers at the fledgling ministry of counter-narcotics, which is intended to play a key role in reducing the country's poppy crop, have been looking for other jobs after pay for senior staff dropped from $1,500 (UKP762) to $200 a month. The ministry said 30 senior workers had left since November when pay was cut. One official, a senior aide to counter-narcotics minister General Khodaidad, said he could no longer afford the rent on his Kabul flat and was trying to find an information technology job in one of the NGOs in Kabul, which pay far more than government jobs. Other staff members claim to have received no pay since November. Britain, 'lead sponsor' of anti-drugs efforts in Afghanistan, withdrew its subsidy as part of a process designed to bring pay into line with other ministries."

Recently however the UK government and the World Bank released a joint report in which they estimate that eliminating Afghanistan's opium economy will take an investment of at least one billion UK pounds over a 20 year period. The Guardian reported on Feb. 6, 2008 ("Opium Economy Will Take 20 Years and UKP1BN to Remove") that "Afghanistan's opium economy will take up to 20 years to eradicate and require a UKP1bn investment from world leaders, according to a government study published yesterday. The 102-page report was welcomed by the international development secretary, Douglas Alexander, even though it contains some highly critical messages about the effectiveness of some of the aid programmes. Compiled by the Department of International Development and the World Bank, the analysis suggests at least an extra UKP1bn needs to be invested in irrigation, roads, alternative crops and rural development to attract farmers away from the lucrative and growing opium industry. Its conclusions came as the UN produced fresh figures on the opium trade. The UN's Office on Drugs and Crime ( UNODC ) believes this year's crop will be similar to, or slightly lower than, last year's record harvest. In 2007 Afghanistan had more land growing drugs than Colombia, Bolivia and Peru combined."

According to the Guardian, "Highlighting the lack of coordination in the current aid effort, the report warns: "The result of weak Afghan leadership and poor donor adherence ... will be some very messy and ill co-ordinated development activities. "In rural livelihood programmes for example some donors have agreed to consultations, but nevertheless finance programmes outside the budget with scant reference either to the government or agencies." It says less than a quarter of the total aid to Afghanistan currently goes through the Afghan national budget, and also criticises the military forces in Afghanistan for not sourcing goods and products from within Afghanistan. "The economic growth needed to displace the opium economy and the development of the necessary infrastructure and governance to support it will take at least one or two decades"."

The Guardian noted that "The report recommends investments of $550m ( UKP275m ) to boost rural enterprise development, and $400m for rural road planning, construction and maintenance. Overall, Afghan farmers need start-up assistance, matching investment grants, cost sharing market development and a commitment to deliver through community development councils with the aid itself seen as coming from the Afghan government, and not the true donor."

The report, Afghanistan: Economic Incentives and Development Initiatives to Reduce Opium Production, concludes:

There is an asymmetry between the political expectations of government and donors for rapid changes in the opium economy and the reality of the one to two decades that are realistically needed before the opium economy dwindles. Effective counter-narcotics efforts inevitably are a combination of economic development, the provision of social services, and better governance and the rule of law. This will take considerable time, massive and sustained financial commitment, and political vision and stamina.

Under What Circumstances Can Police Search Cars?

The Supreme Court will soon clarify the circumstances in which police officers, who do not have a warrant, can conduct a vehicle search of an arrestee. The Court will consider the case of Rodney Gant, who was convicted of possession of cocaine with intent to sell and possession of drug paraphernalia.

According to the February 25, 2008 New York Times ("Justices Take Vehicle-Search Case"), "The justices agreed on Monday to review the case of Rodney Joseph Gant, whose arrest on Aug. 25, 1999, raised questions that have sharply divided Arizona courts. State officials are asking the United States Supreme Court to overturn a ruling last July by the Arizona Supreme Court, which ruled that a search of Mr. Gant's car violated the Fourth Amendment's protection against unreasonable searches and seizures, and that the evidence must therefore be thrown out."

The Times reported that "After Mr. Gant was convicted of possession of a drug with intent to sell plus possession of drug paraphernalia, his lawyers continued to try to have the evidence against him suppressed, asserting that there had been no justification for the warrantless search of his vehicle. The Arizona high court agreed, holding that because Mr. Gant and the other suspects had been cuffed and the scene was secure, 'neither a concern for officer safety nor the preservation of evidence justified the warrantless search of Gant's car.'"

The Times noted that "Courts at all levels have wrestled over the years with the circumstances under which the police can search cars ( and houses and people ) without warrants. Warrantless searches have often been upheld in situations that demand quick decisions by police officers, either to protect human life or preserve evidence or both. This fall, the justices will hear arguments on how Mr.Gant's case fits into those considerations."

New Hampshire Considers Shifting To Civil Penalties For Minor Marijuana Possession

The New Hampshire legislature is considering a measure which would "decriminalize" possession of small amounts of marijuana by creating a civil penalty instead.

The Boston Globe reported on Feb. 24, 2008 ("NH Bill Would Decriminalize Marijuana") that "Two first-term state representatives from Nashua have filed legislation to decriminalize the possession of up to 0.25 ounce of marijuana, hoping that New Hampshire might join 12 other states that have decriminalized the possession of small amounts of pot. The bill, which is expected to be voted on by the House next month, would make the possession of such quantities a civil violation that would carry a $200 fine instead of a criminal misdemeanor that could result in up to a year in jail and fines of up to $2,500. 'I think the penalty should be reduced. Young people are experimenting, and if they make a bad choice, their conviction shouldn't come back to haunt them later in life,' said Representative Andrew Edwards, a 21-year-old Nashua Democrat who cosponsored the bill. 'The culture is changing, and I think the law should reflect those changes.'"

According to the Globe, "Representative Jeffrey Fontas, another 21-year-old Democrat from Nashua, who cosponsored the legislation, said he was not surprised the full House committee did not approve the bill. 'But we did have an open discussion of the issue. Mistakes early in life, like a possession charge, can be devastating to the futures of our young people,' said Fontas, adding that a single drug arrest can lead to the loss of a college scholarship, the ability to serve in the military, subsidized housing, and federal welfare like food stamps. Conley said it is rare for first-time offenders to get jail time for possession of small amounts of marijuana. 'As far as someone getting arrested and their lives being ruined, I don't think that that's the case,' he said. 'Employers are more forgiving in this day and age, and police prosecutors frequently reduce marijuana cases down to violations. The threat of criminal prosecution gives them leverage to encourage youths to attend a drug rehabilitation program.' Hudson Police Chief Richard E. Gendron said he is also opposed to the bill. 'It's a slippery slope that won't lead us anywhere.'"

The Globe noted that "On Feb. 14, when a working group of the House Criminal Justice and Public Safety Committee voted, 4 to 1, in favor of the lighter penalty, it was the first time in more than 20 years that a group of Granite State legislators had recommended the decriminalization of marijuana. On Feb. 19, however, the full committee voted, 13 to 5, to recommend that the House not pass the law. The bill is scheduled to go before the full House March 5."

Cleveland's US Attorney Decides Truth Does Matter

More than a dozen residents of Mansfield, OH, have returned home from prison after being freed when an informant's lies came to light. The drug sting operation, which yielded 26 prosecutions, is now the focus of a grand jury investigation and a special prosecutor appointed by the US Justice Department.

The Pittsburgh Post-Gazette reported on Feb. 24, 2008 ("A Frame-Up Falls Apart") that "Federal judges, acting on an unprecedented request from a prosecutor, have freed 16 Mansfield residents from prison because of an undercover drug investigation that turned into a law-enforcement scandal. U.S. Attorney Greg White of Cleveland said their convictions for selling crack cocaine were tainted by an informant who admits framing innocent people. Mr. White does not call the Mansfield defendants innocent, but he says the cases against them were built on lies. He said he had to let them out of prison because they were wrongly convicted. 'The government has an obligation to do the right thing. The truth matters,' Mr. White said in a recent interview. In all, the discredited drug sting in Mansfield resulted in prosecutions of 26 people. The cases against 23 have been dismissed by judges or have ended in acquittals by juries. This month alone, 15 men came home from prison."

According to the Post-Gazette, "The Department of Justice appointed Assistant U.S. Attorney Bruce Teitelbaum of Pittsburgh as special prosecutor in the Mansfield inquiry. Mr. Teitelbaum says he is focusing on drug investigations in which federal and local law officers used a convicted killer named Jerrell Bray as their paid informant. Mr. Bray, 36, says he lied with impunity to implicate Mansfield residents in drug crimes. Worse, he says, law officers, led by a federal agent named Lee Lucas, helped him railroad many of those people into convictions. Mr. Bray pleaded guilty in December to two counts of perjury and five charges of violating the civil rights of Mansfield defendants. Sentenced to 15 years in prison, he has agreed to help in the ongoing investigation of the Mansfield cases. By cooperating he could reduce his sentence to 11 years."

The Post-Gazette noted that "Richland County Sheriff J. Steve Sheldon declined to be interviewed about the tainted cases, but he issued a statement last week saying his detectives did nothing improper. Many of those who were wrongly imprisoned tell a different story. They say in civil lawsuits that Sheriff's Detective Metcalf lied under oath about them selling drugs. They say his testimony -- or the threat of it -- proved powerful in winning over juries or obtaining guilty pleas from the accused. Most of the Mansfield suspects had prior convictions for selling drugs. Many pleaded guilty in the new round of charges in exchange for reduced prison sentences instead of taking their chances at trials in which decorated law officers would testify against them."

Sentencing Commission: Inmates Eligible For Sentencing Reduction Mostly Small-Time, Nonviolent Offenders

An analysis by the US Sentencing Commission reveals that most of the inmates in the federal prison system who may be eligible for a reduction in sentence due to the recent reforms of the crack versus powder cocaine penalty disparity are nonviolent, low-level offenders. This directly refutes assertions being made by US Attorney General-for-the-moment Michael Mukasey as he argues for legislation to repeal the reforms.

The Washington Post reported on Feb. 22, 2008 ("Crack Offenders Set For Early Release Mostly Nonviolent, Study Says") that "Most of the more than 1,500 crack cocaine offenders who are immediately eligible to petition courts to be released from federal prisons under new guidelines issued by the U.S. Sentencing Commission are small-time dealers or addicts who are not career criminals and whose charges did not involve violence or firearms, according to a new analysis by the commission staff. About 6 percent of the inmates were supervisors or leaders of drug rings, and about 5 percent were convicted of obstructing justice, generally by trying to get rid of their drugs as they were being arrested or contacting witnesses or co-defendants before trial, according to the analysis being circulated on Capitol Hill by the commission to counter Bush administration assertions that the guidelines would prompt the release of thousands of dangerous criminals. About one-quarter of these inmates were given enhanced sentences because of weapons charges, though the charge can apply to defendants who were actually not carrying a gun or a knife but were with someone who was armed. About 18 percent of the offenders' sentences were reduced because they were arrested and charged for the first time, were forced into a drug ring by someone such as a boyfriend, were unwittingly caught up in a drug operation during a police raid, or for some other reason. The largest group -- 41 percent -- consists of small-time crack offenders who do not fall under any of the criteria that would cause authorities to increase their sentences or have them reduced."

According to the Post, "The figures are at odds with the characterization of the inmates by Attorney General Michael B. Mukasey, who would like Congress to pass legislation voiding the U.S. Sentencing Commission policy before it takes effect March 3. 'Many of these offenders are among the most serious and violent offenders in the federal system, and their early release . . . at a time when violent crime had increased in some communities will produce tragic but predictable results,' Mukasey said at a recent House Judiciary Committee hearing. The staff analysis indicated that about 6 percent of the inmates' sentences were increased because they were supervisors or leaders of a drug crew of four or more, 6 percent of prisoners' sentences were enhanced for arms specifications, and 1 percent were considered career criminals. The findings were consistent with a U.S. Sentencing Commission report to Congress in May that showed that 90 percent of federal crack cases did not involve violence. Only 5 percent involved a threat, and even fewer involved injury or death."

The Post noted that "Crack offenders serve prison terms that are up to eight times as long as those of powder cocaine offenders because of a sentencing disparity mandated by Congress under the 1986 Anti-Drug Abuse Act. The law created a 100-to-1 ratio between crack and powder cocaine offenses, meaning that five grams of crack -- about the size of two sugar cubes -- drew the same mandatory minimum sentence as 500 grams of powder. Many activists, federal public defenders, probation officers and federal judges have said the disparity is racially discriminatory. The overwhelming majority of crack cocaine offenders are black, while most powder cocaine offenders are white or Latino. Under pressure, the commission moderately reduced the guidelines for future crack offenders in March. The guidelines went into effect in November after Congress declined to intervene. The next month, the commission decided to make the guidelines retroactive so that current inmates could petition to reduce their sentences. The Justice Department opposed guideline reductions, but the commission pressed on. Last month, the commission created a list of 1,508 inmates who would be eligible for immediate release if their sentences were reduced under the guidelines and passed the names to the chief judge in each judicial district. Michael S. Nachmanoff, a lawyer who studied the inmate list for the Eastern District of Virginia, which has the largest number of crack cases eligible for sentence reduction, and found that only 15 prisoners have a legitimate chance for release because of restrictions. The reductions are so moderate, he said, that the inmates would leave prison only a few months before they were scheduled to be released without them."

Colombian Soldiers Found Guilty In 2006 Slaughter Of Anti-Drug Police Squad

Fifteen soldiers in the Colombian Army, including a colonel, have been convicted in the deaths of a squad of anti-drug police. The killings took place in May 2006, allegedly on the order of drug traffickers.

The Los Angeles Times reported on Feb. 19, 2008 ("Colombian Soldiers Convicted in Massacre") that "A judge in Cali found Col. Bayron Carvajal and the soldiers guilty of aggravated homicide in the slaughter of 10 police officers and an informant in a May 2006 ambush outside a rural nursing home near Cali. Sentences will be imposed in two weeks. The massacre was just one of several scandals over the last two years that have tarnished this country's armed forces and raised questions about the U.S.-sponsored program called Plan Colombia that in 2000 began funneling millions of dollars in aid here."

According to the Times, "The soldiers lay in wait, then fired hundreds of rounds and threw several grenades at the police unit as it was about to launch an operation to recover 220 pounds of cocaine that a tipster had said was stashed inside a psychiatric facility in the town of Jamundi. Six police officers were found to have been shot at close range. None of the soldiers were wounded. No drugs were found, and the informant -- who prosecutors said spoke by phone with Carvajal shortly before the attack -- was killed as well."

The Times noted that "Since 2006, high-ranking military officers are alleged to have sold secrets to drug traffickers to help them elude capture, and to have planted fake bombs to gain career advancement. A recent report by human rights groups found that extrajudicial killings by the army have increased since the early years of Plan Colombia. Carvajal maintained his innocence throughout the trial, saying he and his troops thought the police were drug traffickers. More than 100 witnesses were called to testify, some of whom linked Carvajal to both leftist guerrillas and drug gangs."

Israeli City Considers Heroin Maintenance Program

The city of Tel Aviv, Israel, is considering a plan to provide heroin maintenance treatment to hardcore opiate addicts who have not stabilized with other available treatment modalities.

The Jerusalem Post reported on Feb. 17, 2008 ("TA Considers Supplying Heroin to Addicts") that "Tel Aviv has come up with a controversial new plan to give free heroin to addicts who have failed rehabilitation attempts, reports the Hebrew weekly Yediot Tel Aviv. City health and welfare officials are putting together the revolutionary plan, which is aimed at preventing the social damage caused by addicts trying to obtain money to buy the illicit drugs. According to the report, four out of every five heroin addicts who complete rehabilitation programs eventually end up back on the drug, and three out of every four property crimes are committed by drug addicts. The city's welfare service has decided to follow the example of some European countries and has come up with a plan to provide controlled quantities of heroin free to adult addicts who have failed several rehabilitation attempts. The distribution would be done at a specific medical clinic under the supervision of doctors. The plan will need to come before the Health Ministry for approval before it can go ahead."

The Post noted that "The report said the city's welfare service is currently dealing with 1,707 households for drug-related problems, and workers in the field have long recognized that major problems arise from addicts' attempts to get money for drugs. Police statistics show that 75 percent of property crimes and many of the recent attacks on elderly people have been committed by addicts trying to get money. The figures also show that only 20% of addicts succeed in rehabilitation programs in the long term. The report said there are currently some 15,000 drug addicts in Israel, most of them addicted to heroin."

To learn more, check out Drug War Facts, particularly the section on Heroin Maintenance. Also for more information, check out the North American Opiate Medication Initiative study of heroin assisted therapy, with clinical trials being conducted in Canada in Vancouver, BC and Montreal, Quebec.

Budget Problems Prompt NY Governor To Consider Crack Tax

New York Governor Eliot Spitzer is pushing a tax on illegal drugs as a way to help close the huge budget gap his administration faces. The proposal though seemingly serious has been widely mocked.

The San Francisco Chronicle reported on Feb. 18, 2008 ("Spitzer Wants NY To Tax Illegal Drugs") that "If you can't beat it, tax it. That seems to be the axiom in New York these days, where Democratic Gov. Eliot Spitzer, struggling to close a $4.4 billion budget gap, has proposed making drug dealers pay tax on their stashes of illegal drugs. The new tax would apply to cocaine, heroin and marijuana, and could be paid with pre-bought 'tax stamps' affixed to the bags of dope."

According to the Chronicle, ""I guess if it moves, he'll tax it," said Republican state Sen. Martin Golden, who dubbed the proposal "the crack tax." Some opponents said that because cocaine and marijuana would be subject to the new levies, it should more aptly be called 'the crack-pot tax.' 'How do I explain to my 16-year-old son that we're giving a certain legitimacy to marijuana, cocaine and heroin?' asked Golden, a former New York City police officer who represents a Brooklyn district. 'We are taxing an illegal substance.' He added, 'Is prostitution next?' On the other side of the aisle, some Democrats, too, were stunned by the plan. 'My initial instinct is: I don't understand it,' said Bill Perkins, a state senator from Harlem. 'Most of the dealers I'm familiar with are petty crack dealers - most of them are crackheads. They are broke, to say the least. I just don't understand how you impose a tax' on broke crackheads, he said. Taxing illegal drugs is more widespread than is generally known. At least 21 states have some form of tax for illicit drugs, although some of those laws have been challenged in courts, and others have fallen into disuse. Almost all the remaining drug-tax laws are used mainly by local law enforcement agencies as a way to seize drug money and fund counter-narcotics operations."

The Chronicle noted that "In New York, Spitzer proposed the drug tax in his 2008-09 budget as a way to deal with a projected shortfall, and in a memo said taxing drug dealers would raise $13 million in the coming fiscal year. The governor's office said the bill would contain strict secrecy requirements, so drug dealers who paid their taxes would not be incriminating themselves. A tax stamp for a gram of marijuana would cost $3.50, and $200 for a gram of cocaine, 'whether pure or diluted,' according to the governor's proposal."

Buffalo's US Attorney Does The Right Thing

The US Attorney's office in Buffalo, NY, has decided to not try enforcing waivers that would deny inmates serving federal time for crack offenses the ability to apply for a reduction in sentence now that Congress and the US Sentencing Commission have allow such a reduction. The office was one of only two in the country which used such waivers.

The Buffalo News reported on Feb. 13, 2008 ("Crack Sentence Cuts Won't Be Opposed") that "U.S. Attorney Terrance P. Flynn will not oppose reductions in crack sentences based on a legal waiver that is routinely included in plea agreements filed in the federal courts of Buffalo and Rochester. 'After a lot of discussion, this decision was made in the interest of justice, in the interest of national uniformity of sentencing and in the interest of not tying up the courts with a lot of additional litigation,' said Joseph M. Guerra III, chief of drug prosecutions in Flynn's office."

According to the News, "The federal court system has 94 districts. 'We recently learned that our district and possibly one other were the only ones that had this waiver in their plea agreements,' Guerra said. 'That goes against the goal of national uniformity in sentencing.'"

The News noted that "Convicts who signed the waiver agreed they would never ask for reduced sentences, even if future changes in the law allowed them to do so. Several defense attorneys and the president of the Buffalo Branch of the National Association for the Advancement of Colored People had been upset that Flynn's office was considering enforcing the waiver. Authorities estimate that 20,000 people who are serving federal crack sentences throughout the nation will request sentence reductions because of the changes enacted by Congress and the U.S. Sentencing Commission. That number will include an estimated 200- plus men and women who were convicted in federal courts in Buffalo and Rochester. Judges will begin considering the requests March 3, according to Richard J. Arcara, chief of the federal judges in Western New York. Arcara said rulings will be made on a 'case-by-case basis.'"

Major American Physicians Organization Endorses Medical Marijuana

The American College of Physicians has endorsed easing restrictions on medical marijuana. From their webpage: "Additional research is needed to further clarify the therapeutic value of cannabinoids and determine optimal routes of administration. Unfortunately, research expansion has been hindered by a complicated federal approval process, limited availability of research-grade marijuana, and the debate over legalization. ACP believes the science on medical marijuana should not be obscured or hindered by the debate surrounding the legalization of marijuana for general use." The ACP's full position paper on the subject is available by clicking here.

Protest Planned Over Indictment Of Man Who Accidentally Killed Cop During SWAT Raid

A rally is planned for Feb. 23, 2008, in Chesapeake, VA, to protest the indictment of Ryan Frederick for the death of a police officer killed when a SWAT team raided Frederick's home. The raid was based on an informant's incorrect claim that Frederick was growing marijuana.

The Virginian-Pilot reported on Feb. 12, 2008 ("Frederick Supporters Plan Rally Outside Chesapeake Jail") that "Frederick has been held at the jail since his arrest following the Jan. 17 shooting of Detective Jarrod Shivers, 34, a father of three. He is charged with first-degree murder, use of a firearm and first-offense possession of marijuana, a misdemeanor. Shivers, an eight-year police veteran, was shot while executing a drug search warrant at Frederick's home in the 900 block of Redstart Ave., in the Portlock section of Chesapeake. Police said Shivers was attempting to enter the suspect's home when "shots were fired from inside the residence," striking the detective. Frederick, in a jail interview with The Virginian-Pilot, said he did not know it was a police kicking in his front door and fired his .380-caliber handgun at what he thought was an intruder. A special prosecutor from Northern Virginia has been appointed to handle the case. Paul Ebert, the commonwealth's attorney from Prince William County, was appointed when Chesapeake prosecutors removed themselves from the case to avoid any perceived appearance of bias."

According to the Virginian-Pilot, "Supporters of Ryan Frederick, the man accused of fatally shooting a city detective, are planning a march and rally Feb. 23 at the city jail where the 28-year-old is being held without bail. The rally is planned from 10 a.m. to 4 p.m. at the Chesapeake Correctional Center, 400 Albemarle Drive. Frederick is expected to appear in Chesapeake General District Court two days before the planned rally for a bond hearing."

The case has had reverberations well beyond Virginia. As Victorville, CA Desert Dispatch noted in an editorial on Feb. 12, 2008 ("Unnecessary SWAT Raids Put All Parties At Risk"), "Right now, in Chesapeake, Va., Ryan Frederick is in jail, charged with murdering a police officer. On Jan. 17, a police SWAT team converged on Frederick's home after an informant told police he was growing marijuana, according to the Virginian-Pilot. Based on this information, the police organized an evening raid. Frederick, who was apparently asleep, said he thought somebody was trying to break into his home. The circumstances are not fully clear, but he ultimately shot one of the officers as they broke down his front door. The officer later died. The police did not find a marijuana-growing operation in Frederick's house. He was growing tree saplings in his garage apparently. He had a slight amount of marijuana for recreational use, a misdemeanor. His first one. According to the Virginian-Pilot, Frederick was afraid because somebody had broken into his garage three days before the police raid, which may well explain the source of the informant's claims. As a result, an officer is dead and a man who believed he was protecting his home from an intruder may stand trial for it. The community is coming out in support of Frederick, but it's a tragedy all around."

The Desert Dispatch wrote that "SWAT raids should be intended as a tool of last resort, when lives are endangered and there is no other way for authorities to safely enter a home or building. Even in the appropriate circumstances these raids can be deadly for all involved. A SWAT officer was killed last week in the Los Angeles area in a raid trying to stop an apparently mentally ill man who killed three members of his own family. When authorities misuse these raids – for whatever logical reason – to execute search warrants, they put themselves and sometimes innocent people at risk."

Indiana Moves To Restrict Access To Treatment

The state of Indiana is considering restrictions which would limit access to effective drug treatment.

The Courier Journal reported on Feb. 12, 2008 ("Panel OKs Clinic Restrictions") that "Legislation to impose new restrictions on methadone clinics, including a requirement that patients be tested for marijuana and have a designated driver after appointments, cleared a House committee yesterday. The House Health Committee unanimously approved Senate Bill 157, but some members said they did so with reservations, particularly about the driving provision added yesterday. 'I'm concerned we'll lose people in treatment who are riding a bus or walking or don't have a designated driver,' said Rep. Carolene Mays, D-Indianapolis."

According to the Courier Journal, "The bill already has passed the Senate, although without the designated-driver requirement. It would require the Indiana Family and Social Services Administration to adopt new rules to regulate clinics and require state approval for all patients who would receive more than 14 take-home doses of the drug. The House committee approved another amendment yesterday requiring clinics to test patients for marijuana use."

The Courier Journal noted that "But the committee did not act on a proposed amendment by Rep. Terry Goodin, D-Crothersville, that would have banned patients from bringing children to treatment centers. Clark County Commissioner Michael Moore testified for the amendment. He told the committee that too many of the clinic's patients have their children with them when they come in early in the morning to receive treatments. Moore said many of those patients come to a restaurant he owns before or after their appointments and often fall asleep or act erratically. 'This is the kind of behavior that would make most social-service agencies jump in and act,' Moore said. But Rep. John Day, D-Indianapolis, said he was worried about a single mother who might have to miss an appointment if she couldn't bring her children."

Marijuana and Gum Disease

New Zealand research shows a possible link between smoking marijuana and gum disease but notes other factors may be at play.

According to the February 6, 2008 Calgary Herald ("Pot-smoking linked to gum disease"), "The new study, published in this week's issue of the Journal of the American Medical Association, included 903 people born in New Zealand between 1972 and 1973. The group reported their cannabis use during the previous year when they were 18, 21, 26 and 32, and had their teeth checked twice, when they were 26 and 32. Researchers assigned participants to one of three exposure groups: no exposure, some exposure (one to 40 occasions of cannabis use reported during the previous year) and high exposure (41 or more occasions of pot use)."

The Herald article stated, "Researchers found that young people who smoke cannabis 41 or more times per year -- or almost once a week -- are up to three times more likely than non-users to have serious periodontal disease by age 32. 'People lose the support around the bone, the support around their teeth and they may lose their teeth to periodontal disease,' says Dr. James Beck, a professor at the University of North Carolina at Chapel Hill School of Dentistry."

The article noted, "When periodontal disease progresses, it destroys the ligament around the tooth and bone. Gum separates from the teeth, forming pockets that fill with plaque and infection, according to the American Academy of Periodontology. The amount of destruction is measured by sticking a probe between the gum and tooth to see how deep the pockets are. That's called attachment loss. After controlling for tobacco smoking, infrequent dental check-ups and plaque, compared with those who had never smoked cannabis, those in the highest using group had a 60 per cent increased risk for having one or more sites with four millimetres or greater pockets or attachment loss, and a three-times greater risk for having one or more sites with five millimetres or more attachment loss."

The article, "Cannabis Smoking and Periodontal Disease Among Young Adults," is available from the JAMA website.

Plea Agreement Provision May Prevent Sentence Reductions

Federal rules now allow many who had been sentenced to harsh mandatory minimum sentences for crack to apply for a reduction in their sentences. A waiver of this potential right which had been routinely included in some federal plea agreements is expected to prevent some from applying.

The Buffalo News reported on Feb. 11, 2008 ("Battle Shapes Up Over Crack Sentences") that "Federal court officials took action last year to give a break to people convicted on federal crack cocaine charges. They enacted changes after years of complaints that crack sentences were exceptionally harsh and that African-Americans from poor, inner-city neighborhoods were the ones most likely to be convicted. But U.S. Attorney Terrance P. Flynn may oppose requests to reduce the sentences of previously convicted people, based on a legal waiver that is routinely included in federal plea agreements filed in Buffalo and Rochester. Dating to at least 1997, hundreds of federal drug offenders in the region have agreed to the waiver, promising that they would never ask for reduced sentences -- even if future changes in the law allowed them to do so. 'At this point, we haven't decided whether we will try to enforce the waiver,' said Assistant U.S. Attorney Joseph M. Guerra III, Flynn's top aide for drug prosecutions. 'We've talked about the situation with [Justice Department] officials in Washington, and we're waiting for guidance or directives from them.'"

According to the News, "If Flynn's office decides to fight the requests for reduced sentences, that will upset many defense attorneys and Frank B. Mesiah, president of the Buffalo chapter of the National Association for the Advancement of Colored People. By changing the guidelines, Congress and the U.S. Sentencing Commission have already made a clear statement that people convicted of crack cocaine crimes were being sentenced too harshly, Mesiah said. 'It would be wrong for [prosecutors] to challenge that,' Mesiah said. 'If the U.S. attorney follows that policy, he will be adding even more inequities to the system.' Similar comments came from Buffalo defense lawyers James P. Harrington, Mark J. Mahoney and Herbert L. Greenman, all of whom represent many local drug defendants. 'It would be unfair and unfortunate,' Harrington said. 'It would go against the spirit of what Congress and the sentencing commission were trying to do when they decided that these sentences should be reduced.' Harrington is the Buffalo representative on a national panel of attorneys who represent federal defendants who can't afford lawyers."

The News noted that "Ultimately, federal judges will decide on a case-by-case basis if defendants qualify for early release from prison. 'This issue [on the waivers] has not come before us yet. If it does come before us, we'll decide on it,' said Richard J. Arcara, chief U.S. district judge for Western New York. 'There are a lot of complicated issues surrounding the changes in the crack sentences. We're already looking at these issues, and we'll be deciding these cases as expeditiously and fairly as we can. It will be a high priority.' Judges will be looking at each individual's criminal history -- including the amount of drugs involved and whether any violent crimes were also involved -- before deciding whether to reduce sentences, Arcara said."

Canada: Could Crime Bill Impasse Bring Down Harper Government?

The Conservative government of Stephen Harper is pushing crime policy to the forefront as it attempts to replicate a US-style drug war.

The Ottawa Citizen reported on Feb. 8, 2008 ("Pass Crime Bill or Go to Polls, Tories Say") that "Looking more and more like it is bent on an election, the Harper government set another potential trap for the Liberals yesterday, introducing a motion urging the Senate to pass the government's violent-crime bill by the start of next month, but the Liberals promptly dismissed the move as a "juvenile trick." The motion, expected to be put to a vote next week, calls on the Senate to pass the Tackling Violent Crime Act by March 1. The government has declared it a confidence motion, meaning an election could be triggered if the measure is defeated."

According to the Citizen, "There are now three potential triggers for a spring election in the next seven weeks. Besides the crime motion, the government will face confidence votes over the federal budget at the end of this month, plus a motion to extend the Afghanistan mission that is expected to be put to a vote in late March. However, it appeared yesterday that the crime motion would pass. NDP leader Jack Layton said his party would vote against the motion, but Bloc Quebecois leader Gilles Duceppe said he had 'no problem' with it. Liberal leader Stephane Dion also vowed that his party would not fall for what he called a 'juvenile trick,' suggesting the Liberals will abstain from the vote. Mr. Dion accused the government of trying to engineer its own defeat before having to table the budget."

The Citizen noted that "Earlier, government House Leader Peter Van Loan warned there would be a "clear impasse" between the two chambers of Parliament if the Commons approved the motion, but the Senate doesn't pass the bill. If that happens, the prime minister could ask the Governor General to dissolve Parliament, thus triggering an election, on the grounds the Senate is preventing the government from carrying out its agenda. Experts debated whether such a move would be constitutional, especially since Parliament last year passed a bill setting fixed election dates. The next election is set for October 2009, unless the opposition defeats the government."

UN Drugs Agency Predicts Another Massive Afghan Opium Crop In 2008

Afghanistan will produce yet another massive opium crop this year, according to the The United Nations Office on Drugs and Crime. Their latest rapid assessment survey projects an "overall slight decrease" from last year's record cultivation of 193,000 hectares of opium poppies. According to the "Afghanistan Opium Winter Rapid Assessment Survey," issued Feb. 6, 2008:

"Several findings deserve attention.
"First, field visits and interviews with village leaders indicate that cultivation levels will be broadly similar to, perhaps slightly lower than, last year’s record harvest. While it is encouraging that the dramatic increases of the past few years seem to be leveling off, the total amount of opium being harvested remains shockingly high. Europe, and other major heroin markets, should brace themselves for the health and security consequences.
"Second, the cultivation trends for 2008 deepen a dichotomy evident last year: a possibly growing number of opium-free provinces in the north and center of the country; and possibly higher levels of cultivation in the south and west – the areas of greatest instability.
"Third, the positive trend in the north is enhanced by decreases in cultivation in Nangarhar and Badakhshan. This is excellent news since these two provinces have been significant exceptions to the rule of an opium-free north-east.
"Fourth, the south and southwest continues to grow opium at an alarming rate, perhaps greater than last year when it accounted for 78 percent of total opium cultivation in Afghanistan. This is a windfall for anti-Government forces who take a tax (usher) of approximately 10 per cent of opium cultivation in regions under their control – further evidence of the dangerous link between opium and insurgency.
"Fifth, this survey, for the first time, includes information about opium stocks. Readers will note a major difference between amounts stock-piled by farmers in villages in the south as opposed to limited reserves in the north. Nevertheless, taking into account the massive amounts of opium that have been produced in the past few years – which far exceed world demand – it would appear that the bulk of this surplus is not being stored by farmers. Which begs the question, where is it?
"Sixth, another disturbing trend is the steady rise in cannabis cultivation, giving Afghanistan the dubious distinction of being one of the world’s biggest suppliers of cannabis in addition to providing over 90% of the world’s illicit opium."

Click here to download a copy of the report.

States Slating Salvia to Controlled Substance List

A plant which produces an approximate half hour hallucinogenic feeling is being slated to the Controlled Substance List by more and more states. According to the February 2, 2008 Anchorage Daily News ("Hallucinogen is legal; that may change"), "Salvia divinorum, a species of sage, isn't banned under the federal Controlled Substances Act, but more than a half dozen states have made the drug illegal through state law. At least 12 more states, including Alaska, are debating whether to do so. Sen. Gene Therriault, R-North Pole, has been leading the charge here. Therriault said the drug's effects, which are similar to LSD's, are too powerful, dangerous and unpredictable to leave it unrestricted."

The Daily News reported that, "Reports of problems stemming from the plant's use are rare to nonexistent in Alaska, said Lt. Andy Greenstreet, deputy commander of the Alaska Bureau of Alcohol and Drug Enforcement. 'It's popped up down south, but it hasn't been much of an issue here yet,' Greenstreet said. 'It's probably just a matter of time.' Its use while driving is of particular concern, he said, but driving under the influence laws already encompass all drugs."

The Daily News noted that, "If passed, the bill would list Salvia divinorum and Salvinorin A, the psychotropic chemical in the plant, as Schedule IIA controlled substances under state law -- the same category as LSD, mescaline, peyote and psilocybin, the active chemical in hallucinogenic mushrooms."

Vermont Hemp Bill Passes Committee

Legislation to allow Vermont farmers to cultivate hemp passed an important committee in the state House.

The Rutland Herald reported on Jan. 31, 2008 ("VT House OKs Hemp Farming Bill") that "Lawmakers in the House Agriculture Committee unanimously approved a bill that would allow Vermont farmers to grow hemp, a benign cousin of marijuana that boasts a variety of industrial applications.

A federal statute criminalizing the plant supercedes Vermont's legislation, so Green Mountain hemp won't go to sprout anytime soon. But advocates of the hemp bill say it positions local farmers to capitalize on the potentially profitable crop if and when the Drug Enforcement Administration finally relents. 'Eventually, the federal government is going to have to change its policy on hemp,' said Amy Shollenberger, executive director of Rural Vermont. 'We see this bill ... as making sure farmers in Vermont are on the front lines when it does.'"

According to the Herald, "Law enforcement officials in Vermont did not respond to an interview request for this story. Rep. David Zuckerman, a Burlington Progressive, chairs the House Agriculture Committee. He said Wednesday that testimony from law enforcement officials in Canada, where hemp is legal, indicate the two plants are easily distinguished. 'The reality, we've learned, is that should not be a concern,' Zuckerman said. 'Clearly, the 11-0 vote out of committee shows that the knowledge we learned created support across a broad political spectrum.'"

The Herald noted that "Lawmakers in the Agriculture Committee said they hope to see the bill go to a floor vote soon."

Cannabis and Lung Cancer Risk

Research from New Zealand underscores the need for vaporizers and development of alternative consumption methods which minimize the harms from smoking.

The Edmonton Journal carried a story from Reuters on Jan. 31, 2008 ("Cancer Risk Greater With Cannabis: Study") which reported that "In an article published in the European Respiratory Journal, the scientists said cannabis could be expected to harm the airways more than tobacco as its smoke contained twice the level of carcinogens, such as polyaromatic hydrocarbons, compared with tobacco cigarettes. The method of smoking also increases the risk, since joints are typically smoked without a proper filter and almost to the very tip, which increases the amount of smoke inhaled. The cannabis smoker inhales more deeply and for longer, facilitating the deposition of carcinogens in the airways."

The article, "Cannabis use and risk of lung cancer: a case-control study," was published in the European Respiratory Journal Vol. 31, No. 2. According to the abstract, "In total, 79 cases of lung cancer and 324 controls were included in the study. The risk of lung cancer increased 8% (95% confidence interval (CI) 2–15) for each joint-yr of cannabis smoking, after adjustment for confounding variables including cigarette smoking, and 7% (95% CI 5–9) for each pack-yr of cigarette smoking, after adjustment for confounding variables including cannabis smoking. The highest tertile of cannabis use was associated with an increased risk of lung cancer (relative risk 5.7 (95% CI 1.5–21.6)), after adjustment for confounding variables including cigarette smoking. In conclusion, the results of the present study indicate that long-term cannabis use increases the risk of lung cancer in young adults."

Legal Syringe Exchanges Begin Operation In New Jersey

The first legal syringe exchanges in the state of New Jersey began operation recently.

The Philadelphia Inquirer reported on Jan. 30, 2008 ("Getting Out the Word on Needle Exchange") that "In the two weeks since it launched, only seven people have signed up for the Camden Area Health and Education Center syringe-exchange program, in a city with more than its share of intravenous drug users. Camden County ranks among the top in the state for drug abusers, with 1,516 heroin and opiate users alone seeking help in 2006, according to the New Jersey Substance Abuse Monitoring System. The state had more than 22,053 people who sought treatment for heroin abuse that year. The city of Camden ranks ninth among New Jersey municipalities for residents infected with HIV/AIDS, which is commonly transmitted among intravenous drug users by sharing needles. As of June 30, 2005, there were 1,384 cases in the city, according to the New Jersey Division of HIV/AIDS Services. Newark leads the state with 12,720. Camden's is the second syringe-exchange program to open in New Jersey since passage of legislation last year aimed at reducing the spread of blood-borne diseases among intravenous drug users. The state was the last in the country to legalize needle exchanges. Philadelphia already offers the service."

According to the Inquirer, "In Atlantic City, a needle exchange opened in a drop-in HIV counseling center in November and has already registered 170 people in a state-mandated database. Exchanges are also set to open in Paterson and Newark. Part of the Atlantic City program's allure is that it is run by an established treatment facility. That exchanges are made indoors and there are free coffee and doughnuts doesn't hurt, either. In Camden, the service is run out of a van and offers only the warm hearts of workers and fresh needles."

The Inquirer noted that "In Camden, the program has drawn much less scrutiny than a proposal to move a methadone clinic from near Cooper University Hospital to a site just a few hundred yards from the needle-exchange van. On Monday, members of Camden's Sacred Heart Church gathered to oppose the relocation of the Parkside Recovery Methadone Clinic. But they had little to say about the exchange. 'The exchange is run very well and can save lives,' said Msgr. Michael Doyle of Sacred Heart, who has been in Camden for 40 years. 'This is where the drug people are,' he said, explaining that the exchange saves lives, but that he believed methadone clinics perpetuate addiction. He said he thought that moving the methadone clinic would concentrate the problems of all of Camden County in an area of the city that has struggled for years to remake itself."

Kansas Legislature to Consider Medical Marijuana Bill

Legislators in the state of Kansas will have the opportunity to consider a bill granting limited protection to some medical cannabis patients.

The Topeka Capital-Journal reported on Jan. 28, 2008 ("Bill Seeks Medical Defense of Marijuana") that A bill introduced in a Senate committee Monday would allow judges to consider a medical condition as defense of marijuana possession. Under the proposal, those with a debilitating illness arrested for the drug's possession could present in court a doctor's written certification that marijuana would offer therapeutic benefits. 'This is simply an issue of compassion,' said Laura Green, director of the Kansas Compassionate Care Coalition that helped draft the measure. The bill would not legalize or decriminalize possessing the drug."

The Capital-Journal noted that "The bill is expected to receive a hearing in mid-February."

Marijuana Vending Machines

A new vending machine product is now available in California: medical marijuana. However, according to the January 29, 2008 Los Angeles Daily News ("Marijuana machines could be cure for inconvenience"), 'Not just anyone can pop some coins in and get some bud. The machine, developed by Los Angeles medical-marijuana dispensary owner Vincent Mehdizadeh, gives up to an ounce of pot per week only to preapproved patients. The specialized machine installed Monday at Herbal Nutrition Center - a medical-marijuana dispensary on La Cienega Boulevard - requires fingerprint identification as well as a special prepaid card."

The article states, "Mehdizadeh's machine is far from the standard potato-chip model. The black, armored box is bolted to the floor at the entrance to the dispensary. It has a card swiper, a video camera that also takes a snapshot of any user and adds it to a database, and is protected by armed security guards.Mehdizadeh said he has been trying to reach out to City Council members and persuade them that the machine is a key way to regulate the industry because it includes an automatic database. Mehdizadeh said the machines also could allow dispensaries to sell pot at lower prices because of reduced overhead costs. But even some of the most devoted defenders of medical marijuana question the idea of pot vending machines. 'This is bittersweet in that it shows great entrepreneurship - but opens up terrific avenues of ridicule,' said Allen St. Pierre, executive director of the National Organization for the Reform of Marijuana Laws. St. Pierre said that whatever happens, Mehdizadeh's machine will likely be a milestone in the medical-marijuana movement.'Of the little benchmarks over a 15-year period, this machine will probably be one of them,' he said. 'Whether they continue to exist or not."

UN Anti-Drug Agency Embraces Harm Reduction

The United Nations Office on Drugs and Crime has explicitly endorsed harm reduction programs including syringe exchange and substitution treatment.

In its publication released Jan. 22, 2008, titled "Reducing the Adverse Health and Social Consequences of Drug Abuse: A Comprehensive Approach," the authors at UNODC conclude:

"Member States should provide both prevention/treatment opportunities and the tertiary prevention measures to reduce adverse health and social consequences, as part of a comprehensive plan. Unfortunately, due to resource limitations, some communities are not able to provide comprehensive programmes which take into account the real needs of drug abusers.

"Many substance abusers, who would be motivated to treatment but do not find accessible well-equipped treatment facilities in their neighborhood are de facto condemned to remain in a condition of dependence and to perpetuate their dependence in social exclusion. Some countries provide only selective services and do not provide harm reduction opportunities for dependent individuals who are not involved in treatment. Untreated drug dependent people, without any contact to the health care system and welfare facilities, are exposed to the highest level of risk and may cause consistent harm to themselves and society as a whole.

"Measures to reduce adverse health and social consequences should be offered in a nondiscriminatory and comprehensive programme. If they are included in a comprehensive strategy, including easy access to high quality clinical facilities, drug abusers may be more motivated to seek treatment.

'Harm reduction' measures combined with good-practice treatment facilities may prevent immediate adverse health and social consequences and be effective in the long-term reduction of drug-related harm for individuals and society."

San Antonio Authorities Arrest Syringe Exchange Workers

The Texas state legislature authorized creation of the state's first legal needle exchange, as a pilot project, in San Antonio. Local officials are blocking the plan and now harm reduction workers involved in a needle exchange there have been arrested.

The Los Angeles Times reported on Jan. 28, 2008 ("His Needle Plan Has Touched A Nerve") that "Bill Day doesn't fancy himself an outlaw -- and with his Mr. Rogers demeanor, he definitely doesn't look the part. But soon the 73-year-old lay chaplain could spend up to a year in jail for breaking a law that he considers immoral. Day hands out clean needles to drug addicts on some of the seediest streets in this south Texas city. He does it because he's convinced that it reduces human suffering by curtailing the spread of HIV, a view that has been supported by medical research for more than a decade. However, Day's actions are illegal in Texas -- the only state that has not started a needle-exchange program of some kind. So when a San Antonio police officer spotted him swapping syringes with prostitutes and junkies this month, he was arrested on drug paraphernalia charges."

According to the Times, "Neel Lane, a high-powered San Antonio lawyer who agreed to defend Day for free after learning about his case through their church, St. Mark's Episcopal, said it was time for the Lone Star State to admit it was behind the times. 'When you're the only state that doesn't have [a needle-exchange program], you're either the 2% smartest or 2% dumbest in the country,' Lane said. Though Texas is the only state that has not begun at least a pilot needle-exchange program in any city, lawmakers last year authorized one -- for San Antonio. Bexar County public health officials are studying whether to launch it, but Dist. Atty. Susan Reed has warned that she could prosecute anyone who distributes needles because she considers the act illegal. 'I'm telling [local officials], and I'm telling the police chief, I don't think they have any kind of criminal immunity,' Reed said in August, according to the San Antonio Express-News. Reed has not explained why she opposes the program, and her office did not return requests for comment. But at the request of a state lawmaker, Texas' attorney general is reviewing the dispute. Day and two associates, cited with him on Jan. 5, initially faced Class C misdemeanors, which are punishable by a fine of up to $500. But Reed's office and police plan to increase the charges to distributing drug paraphernalia, a Class A misdemeanor, which carries a possible one-year jail sentence."

The Times noted that "Day's supporters say they are outraged that police and prosecutors are treating the activists as criminals. 'How silly to arrest senior citizens who are trying to stop the spread of HIV in their community,' said Jill Rips, deputy executive director of the San Antonio AIDS Foundation, which provides HIV testing and runs a hospice. 'Don't police have something better to do?' Day said he accepted the arrest as part of a process that his community must go through before it could begin a healthy debate about reducing the spread of AIDS by addicts."

The Way We Were

When Florida Attorney Norm Kent received a form letter from Sen. Norm Coleman condemning marijuana, Kent fired off this note to his former Hofstra University smoking buddy. To find out more, check out this new CSDP public service ad.

Smoke a Joint, Lose a Job: CA Supreme Court Rules Employers Can Fire Workers for Medical Marijuana Use

The California Supreme Court has ruled that a positive drug test arising from medical marijuana use can be grounds for termination of employment.

The LA Times reported on Jan. 25, 2008 ("Workers Can Be Fired For Using Medical Pot Off Duty, Court Rules") that "The California Supreme Court weakened the effect of the state's beleaguered medical marijuana law, ruling Thursday that employers may fire workers for using physician-recommended marijuana while off duty, even if it did not hurt their job performance. Supporters of medical marijuana immediately criticized the court's 5-2 ruling, saying it undermined the 1996 law, which prohibits the state from criminalizing the medical use of the drug. Hundreds of medical marijuana users have complained that they have been fired, threatened with termination or not hired by California companies because of their drug use, according to one advocacy group. In siding with employers, the California Supreme Court said the Compassionate Use Act passed by voters and later amended by the Legislature imposed no requirements on employers."

According to the Times, "The court majority upheld the firing of Gary Ross, an Air Force veteran whose doctor recommended marijuana for chronic back pain stemming from an injury in the military and whose disability qualified him for government benefits. Ross, 45, was hired by RagingWire Telecommunications Inc. in 2001 as a systems engineer. Before taking a required drug test, Ross provided a copy of his physician's recommendation for marijuana. The company fired him a week after he started the job because his test revealed that he had used marijuana. Ross sued the company on the grounds that it failed to accommodate his disability as required under a state anti-discrimination law. He contended that he had worked without any problems at other jobs in the same field since becoming a medical marijuana user. Lower courts, however, sided with the employer."

The Times noted that "Attorney Robert M. Pattison, who represented RagingWire Telecommunications, a Sacramento data center, said the ruling resolved questions that have troubled employers about the use of medical marijuana and did "not at all" eviscerate the marijuana law. 'In fact, the court makes it clear that the point here is the medical marijuana law doesn't address employment,' Pattison said."

Here's a link to the CA Supreme Court's decision in this case.

Modified Cocaine: Replacement Therapy or Vaccine?

Could modified cocaine treat individuals who are diagnosed with cocaine addiction? On January 1, 2008 the Houston Chronicle reported ("Houston scientists see hope in cocaine vaccine") that "The Baylor College of Medicine scientists have developed a cocaine vaccine, currently in clinical trials, that stimulates the immune system to attack the real thing when it's taken. As a result, cocaine no longer provides a kick. 'For people who have a desire to stop using, the vaccine should be very useful,' said Dr. Tom Kosten, a psychiatry professor who was assisted in the research by his wife, Therese, a psychologist and neuroscientist. Kosten says the idea goes back to the 1950s, when scientists devised a vaccine to treat potentially fatal overdoses of the then-popular heart medication digitalis, and the 1970s, when researchers experimented with a heroin vaccine before abandoning it. Kosten took up the idea in the mid-1990s, figuring cocaine was a better candidate because the enzyme for breaking it down is in the bloodstream, not the liver, like most drugs."

The Chronicle article explains, "Cocaine (and many other drug) molecules are so small the immune system fails to recognize them and make the antibodies necessary to mount an attack. To help the immune system, Kosten attached inactivated cocaine to the outside of inactivated cholera proteins. In response, the immune system not only makes antibodies to the combination, which is harmless, but also recognizes the potent naked drug when it's ingested. The antibodies bind to the cocaine and prevent it from reaching the brain, where it normally would generate the highs that are so addictive."

It was noted that, "The vaccine also could raise interesting ethical questions involving who should get inoculated and what happens if confidential information about those receiving it becomes known. Although developed for therapeutic purposes — the number of cocaine addicts in this country is estimated at more than 2 million — the vaccine eventually is expected to be used for prevention, as well. Vaccines' ethical concerns have occasioned academic papers, committee investigations and conferences. In a 2004 report, the National Academy of Sciences' Center for Studies of Behavior and Development lauded the new method's promise, but cautioned that it 'poses distinct behavioral, ethical, legal and social challenges that require careful scrutiny."

The noted further that "Kosten, who joined Baylor 18 months ago, asked the Food and Drug Administration in December to green-light a multi-institutional trial to begin in the spring. It presumably would be the final clinical hurdle before the vaccine might be approved for treatment. Over the years, Kosten notes, more than 50 pharmaceutical options have been investigated and found wanting."

Border Agent Killed By Suspected Smuggler

The US Border Patrol lost a 6-year veteran agent in an incident in southern California when he was run down by a suspected drug smuggler attempting to flee pursuit.

The Los Angeles Times reported on Jan. 21, 2008 ("Agent's Death Highlights Attacks on Border Patrol") that "The off-road enthusiasts were revving their dune buggies and all-terrain vehicles Saturday morning when a brown Hummer suddenly cut into the campground. The man at the wheel, a suspected drug smuggler, was heading to Mexico, fast. U.S. Border Patrol Agent Luis Aguilar, the only person in the way, threw a spike strip in front of the car. The Hummer sped up. 'It looked like the man swerved and hit the agent intentionally,' said one witness. Aguilar, struck by the Hummer going an estimated 55 mph, died within minutes."

According to the Times, "Aguilar, 32, a six-year veteran, was part of an anti-smuggling team patrolling the scenic landscape of sand dunes and trailer-dotted campgrounds in southeast California. On weekends, when the dunes fill with riders, Mexican smugglers slip across the open border, trying to blend in with the other off-road vehicles. Authorities suspect the Hummer was carrying drugs. The suspects had been driving west on Interstate 8, but when they saw the Border Patrol following, they turned off the freeway and started speeding back to Mexico. On an access road to the Buttercup campground, just two miles from the border, Aguilar was waiting for them at an intersection. Authorities said it was unclear whether the suspect intentionally ran over the agent, or swerved to avoid the spike strip."

The Times noted that "Nationwide, assaults against Border Patrol agents rose from 752 in 2006 to 987 in 2007. Authorities say clashes are likely to continue as smugglers respond to beefed-up border security with more aggressive measures."

Ohio Town Protests Police Shooting

Residents of Lima, OH, are protesting the recent killing of a young woman and wounding of her 14-month-old child during a police SWAT-team raid.

The Toledo Blade reported on Jan. 17, 2008 ("Angry Lima Slams Shooting Inquiry") that "On Jan. 4, Tarika Wilson, 26, was shot to death and her 14-month-old son, Sincere, was wounded when members of the Lima Police Department's SWAT team searched Wilson's East Third Street home and arrested her boyfriend, Anthony Terry, 31, on drug charges. At some point during the 8:15 p.m. raid, Sgt. Joseph Chavalia, a 30-year veteran of the department, fired at Wilson, who was holding her young son in her arms. Her five other children were in the house at the time."

According to the Blade, "Ohio Attorney General Marc Dann came to town yesterday to assure Lima residents that his office would do a thorough and unbiased investigation into the fatal shooting of a local woman by a Lima police officer. Instead, he got an earful. For more than two hours, Mr. Dann and representatives of the FBI and the Ohio Bureau of Criminal Identification and Investigation listened as black and white residents expressed their distrust of the Lima police department, told stories of how they allegedly had been harassed by officers, and demanded to know how they could expect the state law enforcement agency to impartially investigate the actions of another law enforcement agency."

The Blade noted that "The state's findings are to be turned over to Defiance County Prosecutor Jeff Strausbaugh, who was appointed special prosecutor. Mr. Strausbaugh said he will review BCI&I's findings and determine whether or not the case should be presented to an Allen County grand jury for possible criminal charges against Sergeant Chavalia. 'I want an investigation that's been done independently, competently, and very thoroughly,' Mr. Strausbaugh said, adding that he was 'independent' of Lima and Allen County. FBI spokesman Scott Wilson said agents from the Toledo office also are investigating the case for possible federal civil-rights violations. Their findings will be turned over to the U.S. Department of Justice. Officials declined to discuss any details of the investigations. Several people in the audience asked why the probe should take so much time when it should be clear what happened. 'You've given us nothing,' said Thelma Flint. 'This case is open and shut. She was murdered. She was with her children.'"

Colorado Couple Sue Police Over Seized Medical Cannabis

A Ft. Collins, CO couple are suing police over medical marijuana which was seized and destroyed.

The Ft. Collins Coloradan reported on Jan. 17, 2008 ("Fort Collins Couple to Ask City for Reimbursement for Dead Marijuana Plants") that "The attorney for James and Lisa Masters, whose 39 medical marijuana plants were seized by Fort Collins police and later destroyed, plans to file a motion this afternoon asking the city pay the couple for the destroyed plants. Police confiscated the plants in an August 2006 raid on the Masters’ Fort Collins home. Criminal charges against the couple were dismissed in June 2007. A judge in November ordered police to return the seized plants. The plants were dead when police returned them in December."

The Coloradan noted that "U.S. Drug Enforcement Administration estimates put the value of the plants at thousands of dollars each, according to attorney Brian Vicente."

Marc Emery Takes Deal, Will Do Five Years In Prison

Canada's self-styled "Prince of Pot," Marc Emery, has reportedly accepted a deal offered by US prosecutors and will serve five years in prison on cannabis-related charges.

The Seattle Post-Intelligencer reported on Jan. 16, 2008 ("'Prince of Pot' Given Prison Time") that "Although the plea deal has not yet been formally adopted, Emery said Tuesday that he's agreed to the prosecution's terms: that he serve a minimum of five years behind bars. Most of that time would be done in a Canadian prison, he said. Emery had been facing a mandatory minimum term of 10 years and up to life if convicted in U.S. District Court for a crime that's rarely prosecuted in Canada. The plea agreement calls for him to plead guilty to a three-count indictment issued in 2005 by a Seattle grand jury. He was charged with manufacturing more than a ton of marijuana and conspiring to distribute seeds and launder the profits."

According to the Post-Intelligencer, "Emery said the plea deal is contingent on sparing two longtime associates, also charged in the indictment, any jail time. Assistant U.S. Attorney Todd Greenberg on Tuesday declined to comment on the plea bargain outlined by Emery. He said an extradition hearing scheduled to begin Monday in Vancouver so far hasn't been canceled."

The P-I noted that "As support for his allegation that his prosecution was politically motivated, Emery prominently displays on his Web site a statement from Karen Tandy, the administrator of the Drug Enforcement Administration at the time. To the dismay of the federal criminal justice establishment in Seattle, Tandy issued a statement after Emery's arrest in July 2005, saying: 'Today's DEA arrest of Marc Scott Emery, publisher of Cannabis Culture magazine, and the founder of a marijuana legalization group -- is a significant blow not only to the marijuana trafficking trade in the U.S. and Canada, but also the marijuana legalization movement. Hundreds of thousands of dollars of Emery's illicit profits are known to have been channeled to marijuana legalization groups active in the United States and Canada. Drug legalization lobbyists now have one less pot of money to rely on.'"

PA School Boards Consider Drug Testing For New Hires

Two school districts in Pennsylvania are considering adoption of a drug testing policy for new teacher hires following the 2007 arrest of a principal in a nearby district for drug trafficking.

The Express-Times reported on Jan. 14, 2008 ("Boards Consider Drug Tests for Teacher Hires") that "The Easton and Bethlehem Area school districts are considering pre-employment drug-testing policies for their teachers and staff similar to one passed three months ago by the Northampton Area School District. The Bethlehem district considered a random drug-testing policy last year shortly after Acerra was arrested. District officials relented when a solicitor said it would violate the constitutional rights of teachers. But testing them before they are hired would be acceptable, legal experts say. Steven Miller, Northampton Area School District's solicitor, said the U.S. Court of Appeals for the Sixth Circuit upheld the right of school districts to drug test teacher and staff applicants, in the 1998 case Knox County Education Association vs. Knox County Board of Education."

According to the Express-Times, "Easton Area School Board members will discuss a pre-employment policy at their Thursday board meeting. Bethlehem Area Superintendent Joseph Lewis said he has written a policy draft and will present it to his board in upcoming months. Neither board is considering a random drug-testing policy. Although federal guidelines require bus drivers to submit to random drug tests, the Bethlehem board solicitor found last year teachers and staff are protected from random tests by the Fourth Amendment."

The Express-Times noted that "Easton Area's Acting Superintendent Joseph Kish said if a district wanted to try implementing random testing, the teachers union would have to agree to it during contract negotiations. Easton Area's teachers contract was approved last month with no such provision. Kevin Deely, Easton Area Education Association president, said the union had no problems with Easton implementing a drug-screening policy for prospective employees. 'That's the district's prerogative,' Deely said. 'We don't want teachers in the classroom who are abusing substances and the district obviously doesn't want that either.'"

California Considering Early Release of 22,000 Prison Inmates

The state of California is considering a plan by that state's governor to ease prison overcrowding through the early release of more than 22,000 inmates.

The San Francisco Chronicle reported on Jan. 12, 2008 ("22,000 Prisoners Could be Set Free Early to Save Millions") that "Less than six months ago, Gov. Arnold Schwarzenegger promised that there was no way any California convict was going to get a break on his prison term. 'I am here to tell you that the early release of inmates is totally unacceptable,' the governor said July 28. 'They should only be let out when they have served their sentences and are ready to return to society. Period.' But with the state facing a $14.5 billion budget deficit over the next 18 months, Schwarzenegger on Thursday announced that more than 22,000 nonviolent offenders will be released as much as 20 months early over the next year and a half in an effort to slash $260 million from the Department of Corrections budget. About half the inmates eligible for the early release program are expected to be drug offenders, with most of the rest in custody for property crimes like forgery, auto burglary and car theft, corrections officials say."

According to the Chronicle, "The state expects to save another $110 million by placing the former inmates on 'summary parole,' which means they won't have to meet with parole officers and can't be returned to prison for a parole violation. A panel of federal judges, upset about overcrowding in the state prison system, is ready to slap a cap on the prison population, the governor said, just as the state's fiscal crisis is forcing 10 percent, across-the-board cuts in state spending."

The Chronicle noted that "The new parole rules for such nonviolent offenders also mean they can't be quickly returned to prison violating parole. If police discover someone on summary parole with narcotics, for example, they can't simply ask a judge to send him to prison. They will have to file new charges and put the parolee on trial, a long and often expensive proposition. If Schwarzenegger gets his way, plenty of ex-convicts are going to be back on the street and local officials are worried about what that will mean. Even nonviolent offenders often return to their communities with drug problems, no jobs and no place to stay, said Alameda County Supervisor Keith Carson."