Friday, January 11, 2008

Canada: Court Ends Government Monopoly on Legal Medical Marijuana

A Canadian Federal Court ruling has struck down a provision of that country's medical marijuana law which required approved users to get their medicine from a government supplier.

According to a Canadian Press report published Jan. 11, 2008 ("Decision Opens Field for Medical Marijuana Growers"), "The decision by Judge Barry Strayer, released late Thursday, essentially grants medical marijuana users more freedom in picking their own grower and allows growers to supply the drug to more than one patient. It's also another blow to the federal government, whose attempts to tightly control access to medical marijuana have prompted numerous court challenges. Currently, medical users can grow their own pot but growers can't supply the drug to more than one user at a time."

The Canadian Press reported that "In his decision, Strayer called the provision unconstitutional and arbitrary, as it 'caused individuals a major difficulty with access. . .' Ottawa must also reconsider requests made by a group of medical users who brought the matter to court to have a single outside supplier as their designated producer, Strayer said in his 23-page decision. While the government has argued that medical users who can't grow their own marijuana can obtain it from its contract manufacturer, fewer than 20 per cent of patients actually use the government's supply, Strayer wrote. 'In my view it is not tenable for the government, consistently with the right established in other courts for qualified medical users to have reasonable access to marijuana, to force them either to buy from the government contractor, grow their own or be limited to the unnecessarily restrictive system of designated producers,' he wrote. "

Thursday, January 10, 2008

Cleveland Mayor: "We Expect More Confrontations"

The city of Cleveland, OH, is bracing for the possibility of heightened violence as its mayor, Frank Jackson, announces a crackdown by law enforcement.

The Cleveland Plain Dealer reported on Jan. 10, 2008 ("Cleveland Mayor Frank Jackson Expects Crackdown to Result in Violence") that "Jackson told the police this week to be more aggressive in targeting gun-toting drug dealers. He has said repeatedly that he expects there to be violent, perhaps deadly, run-ins between police and criminals. 'This is not a game,' Jackson said Wednesday. 'People are killing each other. We expect more confrontations.' At least one local defense lawyer worries that the cornerstone of Jackson's plan -- pairing police with federal agents to seek out and confront criminals carrying guns -- will result in police indiscriminately going after young black men. 'What troubled me is the idea that police officers can tell who is concealing a weapon,' said defense attorney Terry Gilbert, who has sued several police officers over the years, claiming they violated people's civil rights."

According to the Plain Dealer, "Jackson officially announced his plan at a City Hall news conference Wednesday. It comes as the city's homicide total hit a 13-year high last year. Undercover police and federal agents will do nearly daily stings, observing people in high-crime areas. If they suspect the people are carrying guns, the undercover officers will call in patrol officers who will approach the suspects and ask if they are carrying weapons. Jackson and Police Chief Michael McGrath acknowledged that most of these operations will occur on the predominantly black East Side, but denied suggestions that the gun stings will result in racial profiling. Certain areas will be targeted based on crime statistics. "

The Plain Dealer noted that "Two councilmen applauded the plan, but warned that Jackson has much work to do in selling it to the black community. Councilman Kevin Conwell said the relationship between some black residents and the police has become adversarial. 'They see them just like a military force,' said Conwell, who leads council's Public Safety Committee. 'If you bring in a military force, you better have a relationship with the community.'"

Wednesday, January 9, 2008

Drug Truth Network

CSDP's Director of Research Doug McVay is a regular contributor to the Drug Truth Network's radio programs as well as doing video work. Subscribe to the Cultural Baggage, Century of Lies, and 4:20 News podcasts as well as a podcast of Doug's weekly DTN segment and stay informed!

Lowest-Priority Law for Cannabis Works ... for Whites

According to a new evaluation, the number of marijuana arrests in the city of Seattle has declined since passage of I-75, at least for some. The Seattle Post-Intelligencer reported on Jan. 8, 2008 ("Pot Arrests Higher for Blacks in City") that "In late 2003, Seattle voters approved an initiative directing city law enforcement to treat personal marijuana use by adults as its lowest priority. Since then, the overall number of cases investigated by police and pursued by city prosecutors has dropped, the report found."

According to the Post-Intelligencer, "White Seattleites have enjoyed a disproportionately larger share of the reduction in misdemeanor marijuana charges -- compared with black people -- since Seattle voters designated such crimes the city's lowest law enforcement priority, according to a new city study. Overall, police and prosecutors less often pursue possession charges against both blacks and whites. But the proportion of those charged who are African-American has grown. In fact, although whites vastly outnumber black men and women in Seattle, authorities arrested and charged more African-Americans in 2006 on marijuana allegations, according to a report presented by the Marijuana Policy Review Panel. The panel recommended officials dig deeper into that data to determine what is causing the disparity. 'The report highlights the racial disparity in marijuana enforcement, which is indicative of the disparity of all drug enforcement,' said Dominic Holden, who was chairman of the Initiative 75 campaign and a member of the review panel."

The P-I noted that "In 2003, Seattle police referred 181 male suspects to prosecutors for marijuana allegations. That figure dropped in 2004, but edged back up to 134 in 2006. Over the same period, the proportion of cases that police referred to prosecutors against black suspects grew compared with white suspects. The share of white men that police sought to charge dropped slightly, while the proportion of black males among the suspects grew from 52 percent to 57 percent. Among female suspects there was a larger disparity, although police sought charges against very few women. In 2003, black women made up 35 percent of the female suspects. Three years later, they accounted for half of the 14 women police sought to charge. The numbers were similar among charges filed by prosecutors. In 2003, city attorneys filed marijuana cases against 123 men and 19 women. Those numbers dropped significantly in 2004 and 2005. But charges against men jumped back up to 116 in 2006. The proportion of defendants who were black grew slightly over that period. The report also found no indications the policy resulted in a jump in crime rates, increased marijuana use by youth or negative implications to public health."

The "Final Report of the Marijuana Policy Review Panel" is available online.

Monday, January 7, 2008

Increasing Penalties for Pot Would Not Keep Young People From Using

Young people would not likely be deterred from trying marijuana if the penalties for possession were increased, researchers in England say.

The Independent on Sunday reported on Jan. 6, 2008 ("Reclassifying Cannabis Would Make No Difference to Young") that "Reclassifying cannabis would be pointless and therefore unlikely to make any difference to young users of the drug, according to a new report by some of the country's top criminal policy experts. Cannabis has now become such an important part of youth culture that a new generation of users are supplying each other with the drug, buying and sharing it with friends and relatives. A team of researchers from the Institute for Criminal Policy Research ( ICPR ) led by Professor Mike Hough, a senior adviser to the Home Office, has concluded that the 'social supply' of cannabis has almost entirely cut out traditional drug dealers and therefore needs a new approach. Their findings reveal that 90 per cent of young users can get hold of cannabis in under a day - with the majority able to get it within an hour."

According to the Independent, "Researchers conclude that 'the findings from this and other studies show that cannabis use is significantly embedded in the social world of many young people. It is unlikely a marginal change in the drug's legal status will have an impact.'"

The report is available from the ICPR website at King's College London.

Common Sense for Drug Policy

Common Sense for Drug Policy is a nonprofit 501(c)(3) organization dedicated to reforming drug policy and expanding harm reduction. CSDP disseminates factual information and comments on existing laws, policies and practices. CSDP provides advice and assistance to individuals and organizations and facilitates coalition building. CSDP supports syringe exchanges, the expansion of Methadone and Buprenorphine availability and other public health measures to reduce harm to users and restrict the spread of HIV / AIDS and Hepatitis C. CSDP advocates the regulation and control of marijuana in a manner similar to alcohol and subject to local option. CSDP favors decriminalizing the use of hard drugs and providing them only through prescription. CSDP also advocates clear federal guidelines for the practice of pain management so that physicians need not fear unwarranted law enforcement scrutiny of medical practices.