Issue
#248, 8/2/02
drcnet.org
"Raising
Awareness of the Consequences of Drug Prohibition"
Phillip
S. Smith, Editor
David Borden, Executive Director
Gabriel Froymovich, Intern
TABLE
OF CONTENTS
- Editorial:
Getting from Here to There
- Despite
Supreme Court Ruling, No Wave of High School Drug Testing Foreseen
- US
Prison Population Leveling Off, Feds Drive Small Increase
- Needle
Exchange 2002: A Long Way Traveled, A Long Way to Go
- Baltimore
Killings Continue as Politicians Continue to Ignore Role of Prohibition
- Stossel
Special Spurs War of Letters to ABC
- Newsbrief:
Cooking Speed Equals Child Abuse Under New Tennessee Law
- Massachusetts
Governor Vetoes Decriminalization Provisions
- Newsbrief:
Afghan Crop Report Says Opium Eradication a Joke
- Newsbrief:
Leading British Comedian Says Legalize It All
- Newsbrief:
Alabama Rape Victim Ordered to Provide Urine Sample for Drug Test
- Newsbrief:
Tennessee School Board Ordered to Back Off on Zero Tolerance --
Right to Public Education at Issue
- Newsbrief:
Seattle Marijuana Enforcement Initiative Signatures Submitted
- Web
Scan: CriminalDefense.com, Law Enforcement Against Prohibition,
Harry Levine, Ethan Nadelmann, Medical Marijuana Research, School
Daily
- Legislative
Alerts: Rave Bill, Medical Marijuana, Higher Education Act Drug
Provision
- The
Reformer's Calendar
1.
Editorial: Getting from Here to There
David
Borden, Executive Director, borden@drcnet.org,
8/2/02
It's
easy in a cause like ending drug prohibition to wonder if it will
ever happen. Public support is not high. Politicians respond to the
idea with ridicule, and viciously attack their political opponents
(or their allies, for that matter) if they do otherwise. Policies
are dramatically in the opposite direction, in the US at least; passing
even the smallest partial drug policy reforms that almost everyone
agrees with often requires an all out tooth and nail fight.
But
if the political currents are against us, the undercurrents tell a
different story. During the 10 years I've been following this issue
and the nine in which I've been actively involved, opposition to the
drug war in its current form as well as support for repeal of prohibition
outright have both grown substantially. In 1998, for example, there
were zero governors of US states who would speak in a serious way
about legalization; by 1999, there were two (New Mexico's Gary Johnson
and Minnesota's Jesse Ventura). A spate of leaders in other countries,
particularly Latin America, have raised their voices, the presidents
of Mexico and Uruguay among them. And of course ending prohibition
is possible -- drugs were legal at one time, that can be the case
again in the future; it's only a matter of when.
Human
nature is such that individuals' opinions are influenced strongly
by their perceptions of the prevailing viewpoints of others in society,
particularly those they respect or with whom they identify. It is
not the only factor forming opinion; people certainly do hold their
own ideas, sometimes very independently of even their own friends
and families. But the perception of the degree of mainstream or credible
support that an idea has is one major factor influencing the perception
of an issue. Drug legalization is perceived by the average American
to be "radical" or unsupported by other average or respectable Americans,
and that, in my opinion at least, is the main reason why support for
fundamental reform is not yet sufficient to catalyze changes.
The
flip side is that the perceived absence of such support is one major
reason why it's difficult even for legalization supporters to believe
it's possible. But if we can suspend that disbelief, if we can have
the courage to take the needed to raise awareness of the consequences
of drug prohibition and transform global consciousness on drug policy,
our actions can and will bear fruit. And that may happen sooner than
anyone would guess while living under the drug war.
The
voices of respected opinion leaders are key to effecting that transformation.
When governor Johnson came out for legalization, as difficult of a
political time as he got for it in his own state, the issue took a
step closer to the mainstream. Some minds were changed, and many more
were opened to considering the possibility. The same goes for former
surgeon general Joycelyn Elders, former Baltimore mayor Kurt Schmoke,
the editors of National Review magazine, the editors of the Economist,
the many governors and parliamentarians throughout Europe and Latin
America and many, many more.
The
John Stossel special on ABC throws more fuel on that fire. Large numbers
of Americans now are aware that a judge and a priest are for legalization
and that a big city police chief is at a minimum against the drug
war and maybe more. Cite this fact in your conversations with friends,
refer to it in your speeches, buy a copy of the tape (maybe from DRCNet
within a few weeks from now) and invite people over to watch it. Sign
up for a room in your local library and hold a public viewing. Write
a letter to the editor about it. Use the names of these prominent
and respected anti-prohibitionists to help win the hearts and minds
of the public at large.
Change
is possible, if we take the needed steps to get from here to there.
And that journey begins with the first step.
2.
Despite Supreme Court Ruling, No Wave of High School Drug Testing
Foreseen
When
the Supreme Court ruled in June in Earls v. Tecumseh that local school
districts could constitutionally drug test students involved in extracurricular
activities, the drug testing industry, some congressional drug warriors,
and at least one well-known political hired gun got excited. But a
round of interviews conducted by DRCNet this week suggests that school
districts are not about to embark on a headlong rush into student
drug testing despite the high court's green light.
In
a 5-4 decision, the Court expanded its 1995 Vernonia ruling, which
allowed districts to test athletes in certain circumstances, to include
students who wish to participate in activities such as debate society,
chess club, and the like (http://www.drcnet.org/wol/243.html#schooldrugtesting).
But while some anti-drugs groups predicted an avalanche of new drug
testing programs in the schools, a number of factors are conspiring
to make such an event likely.
"We
did not see a big increase in school drug testing after Vernonia,
and we don't expect to see a big increase now," said Ed Darden, senior
staff attorney for the National School Board Association. "This is
really a community decision, and there may be cost considerations,
political objections and practical concerns that stop districts from
moving in that direction," he told DRCNet. "There will be a huge number
of school districts who will not move toward drug testing no matter
what the Supreme Court said."
"The
Supreme Court decision hasn't gotten a lot of play down here," said
Dr. Paul Whitten, Associate Executive Director of the Texas Association
of School Administrators, which includes representatives from all
of the state's more than one thousand school districts. "Those schools
that wanted to do testing are already doing it and those that didn't
want to aren't going to start," he told DRCNet.
The
same sentiment echoed in Alabama. "We've got a handful of districts
that have been doing it for awhile and a couple that are considering
it now," said Susan Salter, director of public relations for the Alabama
Association of School Boards. "But we have not seen much change in
the number of boards doing drug testing in the wake of Tecumseh,"
she told DRCNet.
In
some states, the Supreme Court ruling is not an issue. "This has absolutely
no impact on us," said Mary Gannon, policy services director for the
Iowa Association of School Boards. "The Iowa Constitution forbids
suspicionless searches, even if the US Constitution does not. We do
not do random drug testing of our students."
DRCNet
has been unable to find accurate numbers for the number of school
districts currently using drug testing programs, but estimates ran
from 2% to at most 10% of school districts nationwide. NSBA's Darden
said "it's a small number of districts, less than 5%, I'd guess."
And based on anecdotal evidence, it appears that drug testing is most
likely to occur in small, rural districts. Whitten was able to tick
off the names of the Texas districts involved in drug testing -- all
were rural and situated in the Panhandle -- although, as Salter pointed
out, in Alabama, at least, drug testing is ongoing at affluent suburban
Birmingham high schools as well as in rural districts such as Limestone
County.
If
the Supreme Court has removed an obstacle to wider drug testing in
the schools, why is there no move to implement such programs? For
Kevin Zeese, author of the Drug Testing Legal Manual and president
of Common Sense for Drug Policy (http://www.csdp.org),
the answer is that significant obstacles remain. "I attended the Drug
and Alcohol Testing Industry Association (DATIA) conference here in
July, and advocates for drug testing argued that, with the Supreme
Court decision, the law is there, public support is there, and money
for testing is there," Zeese told DRCNet. "They are wrong on all three
counts. The money is the big one," said Zeese. "There is federal money
available, but not very much of it, and it competes with other programs
and services that are now seriously underfunded. State school systems
are struggling and the money that might go to drug testing competes
with programs such as mental health services, after-school programs
and prevention programs," Zeese explained. "Drug testing is so unproven
at this point, that it is hard for it to compete."
The
legal status of drug testing remains problematic, as well, Zeese added.
"Districts will have to be very careful to stick to the confines of
the Supreme Court decision and go no further, and they will have to
worry about the state courts. Some state constitutions offer greater
protections than the US Constitution."
The
school administration officials DRCNet spoke with all concurred on
that count, each warning that districts faced the specter of costly
litigation over drug testing policies. "This is the beginning of the
legal battles, not the end," said Darden.
As
for public opinion, said Zeese, that is a battle to be waged. "There
is knee-jerk public support for drug testing, but when parents look
at the details, they can be dissuaded. There will be divisions in
every school district, and this is an important opportunity for reformers
to advance alternative drug prevention and treatment programs for
kids," he argued. "If we as a society really want to address youth
drug use, we need a healthy kids program, preschool and after-school
programs, we need mentors -- that's what works."
If
the Earls decision is not creating a rush to school drug testing,
neither is there much sense that even broader testing is coming down
the pike. "This is the end and the outer limits" of school drug testing
parameters said Darden. "If we go beyond testing students in extracurricular
activities to testing all students, as some have suggested, our answer
is no. If you're talking about testing every student and you have
meaningful penalties, you end up taking away core educational rights."
Zeese
agreed. "The Supreme Court will not go further, provided the makeup
of the Court remains the same," said Zeese. "Justice Breyer was the
fifth vote, and in his dissent he said one reason he could support
extracurricular activity testing was that it allowed students to be
conscientious objectors. They could opt out of the chess club if they
didn't want to be tested. They would pay a price, but they could still
get an education."
While
school administrators seem to have a firm grip on the realities and
practicalities of the issue, at least one Republican-leaning hired
gun smells blood. Dick Morris, who once advised President Clinton
on his "triangulation" strategy of relentlessly hewing to the center,
and who has since evolved into a conservative FOX News TV commentator,
saw the issue as a potential wedge issue for Republicans in this fall's
elections.
"The
issue of school drug testing would put a key morality/crime issue
back on the national agenda, a focus that has been clearly lacking"
in recent years, Morris wrote in the congressional insider Hill News
on July 1. "The absence of such an issue haunts Republican prospects
in future elections." The GOP should "latch onto this issue" and "recognize
its political potential," he added.
But
aside from a press conference held by Rep. John Peterson (R-PA) to
tout his new bill to provide financial and technical assistance to
districts who want to undertake drug testing programs, the Republican
masses have not risen up. Perhaps they are more leery of the messenger
than the message. Being advised on morality issues by a political
Hessian who lost his job with Clinton after being caught spending
his evenings sucking the toes of a high-priced DC prostitute, as reported
in the British tabloid The Star in 1996.
3.
US Prison Population Leveling Off, Feds Drive Small Increase
While
the states, faced with growing budget deficits and drug war fatigue,
are beginning to rethink their approaches to crime and sentencing
and decrease their prison populations, the federal prison system is
still growing at a rapid clip, according to the Bureau of Justice
Statistics' latest review of the data. According to "Prisoners in
2001," released this week, state prison populations grew by only 3,193
people during 2001, an increase of 0.3% over 2000. In the last half
of 2002, the total number of state prisoners actually declined by
3,700 persons -- a decline of 0.3% and a possible harbinger of a growing
exodus from the state prisons.
The
federal prison system, on the other hand, continued its rapid expansion,
adding 11,557 inmates, a startling 8.0% increase over the previous
year. Drug war prisoners constitute a majority of all federal prisoners,
accounting for 57% of all federal inmates.
The
US prison and jail population -- state and federal -- has now climbed
to more than 2.1 million persons, yet another all-time high, the report
noted.
But
despite the continued swelling of the federal prison population, some
key states have moved to reduce their prison populations through sentencing
reforms, changes in parole and probation rules, and other measures.
Prison populations actually decreased in 10 states, led by New Jersey
(down 5.5%), followed by Utah (-5.2%), New York (- 3.8%), and Texas
(-2.8%). Oddly, all of the states showing the largest increases in
prison population during 2001 except one are in the Pacific West.
While West Virginia had the largest percentage increase (up 9.3%),
the next four biggest percentage increases were in Alaska (8.9%),
Idaho (8.5%), Oregon (8.3%) and Hawaii (7.9%).
Other
highlights from the report:
- The
federal prison system is now the third largest system in the country
and will be the nation's largest by year's end if present trends
continue. Texas is largest, with 162,070 prisoners at the end
of 2002; then California, with 159,444; then the federal Bureau
of Prisons.
- Some
22 state prisons are operating at between 1% and 16% over capacity,
while the federal system is at 31% above capacity.
- More
than 585,000 black males are in prison. Black non-hispanic inmates
are the largest ethnic group in the prisons, representing 44%
of all prisoners. 10% of all black males between 25 and 29 were
behind bars at the end of 2001.
- Drug
offenders made up 20% of the growth in state prison populations
in the last decade. More than 250,000 were serving time in state
prison at the end of 2001. Drug offenders constituted 57% of the
total federal prison population, up from 53% in 1990.
- The
overall incarceration rate reached a new high of 686 per 100,000
citizens, leaving the US secure in its position of worldwide leader
in imprisonment. One out of every 146 residents of the US was
behind bars at the end of 2001.
To
see the Bureau of Justice Statistics report, go to http://www.ojp.usdoj.gov/bjs/pub/press/p01pr.htm
and linked pages.
4.
Needle Exchange 2002: A Long Way Traveled, A Long Way to Go
With
needle exchange programs (NEPs) now well into their second decade
in the US, the programs continue to expand across the country, but
coverage remains spotty and significant obstacles remain.
According
to a recently released survey of NEPs conducted jointly by the Beth
Israel Medical Center in New York and the North American Syringe Exchange
Network (http://www.nasen.org),
the number of NEPs operating in the US had climbed to 127 by the time
of the survey last fall, up from 96 in 1997 and 29 in 1992. In 1987,
one NEP was operating in the US. NEPs now distribute sterile syringes
to injection drug users in 36 states, the District of Columbia and
Puerto Rico, the survey found.
"We're
at 211 active programs now," said NASEN head Dave Purchase this week.
"That's the good news. The number of programs continues to expand."
Not
only are the programs expanding, the range of services they offer
is increasing. More than 90% of surveyed NEPs offered HIV and hepatitis
prevention information and information on safe injection techniques,
and 87% offered vein and abscess care information. But when it came
to onsite medical services, the numbers declined dramatically. While
88% offered HIV testing and counseling, fewer than half offered counseling
for hepatitis, sexually transmitted diseases or other medical care.
Similarly, fewer than half of the NEPs offered any onsite social services
assistance.
Funding
for NEPs remains a mix of public and private funds. Although the federal
government still refuses to fund NEPs, state and local governments
kicked in almost two-thirds of the more than $8 million spent operating
NEPS last year.
"No
federal funding, that's the bad news," Purchase told DRCNet. "There
is not a dime of federal support for NEPS in the US. They are the
most proven, documented and effective AIDS prevention method known,
but the federal government is blind to the science," Purchase said.
"Over the years, state and local authorities have been coming around,
but we are at an impasse at the federal level."
The
creation and development of new NEPS is an uneven and uncertain process,
said Donald Grove of the New York-based Harm Reduction Coalition (http://www.harmreduction.org).
"It really goes state by state, and sometimes city by city," Grove
told DRCNet. "Here in the northeast, there are rays of hope. In both
New York and Massachusetts, the state has created legal mechanisms
for NEPs. Here in New York, the success of the law to allow syringe
sales at pharmacies has helped convince the state health department
that there is legislative support for HIV prevention programs," Grove
explained. "That showed the health department more people were interested
in NEPs than just angry, complaining merchants."
But
it isn't looking so good across the Hudson River, Grove told DRCNet.
"Things are still locked up in New Jersey," he said. "Governor McGreevey
said he would support NEPs, but he has not expended any political
capital to make it happen. And that's a shame, because New Jersey
is the epicenter in terms of constantly increasing rates of infection."
Farther
south along the Atlantic seaboard, NEPs face the additional challenge
of operating underground -- without official sanction and sometimes
at risk of arrest, Grove said. "In the South, everything is underground.
And North Carolina, Jesse Helms' home state, has more underground
NEPS than any state in the region. Throughout the South, these NEPs
are illegal, but they're generally tolerated," he said.
But
it's not only the South where NEPS have to skirt the law. Although
city officials in San Diego authorized an NEP earlier this year, the
Harm Reduction Center in suburban Encinitas still runs a large, technically
illegal NEP in the city and surrounding areas of San Diego County,
where officials refuse to take the steps necessary to authorize a
legal NEP.
"There's
no chance we're going away," said Brent Whitteker, the center's executive
director. "We're exchanging 20,000 syringes a week, we're doing home
deliveries -- which the city program cannot do -- we have lots of
work everyday. We have about 1500 to 2000 participants annually, and
through them we reach about 5-7,000 more," he told DRCNet. "But that's
out of an estimated 23,000 injection drug users in the county."
Whitteker
said the program would like to go legit, but would stay underground
if it could not do the work it saw needed doing. "We would like a
legal platform, but we cannot conform in San Diego unless they change
their regulations," he said. "And there's so much more to it than
just needles. The exchange only unlocks the door, it provides the
opportunity to begin to show people how to protect themselves, how
to get referrals and information about services, basically to assist
them in using in a safe way so they can live a long, healthy life."
Community
hostility and resistance to NEPs continue to flare up as well. Casa
Segura was firebombed in Oakland last year, the Albuquerque city council
moved against a local NEP earlier this year, and the "Peoria Needle
Lady," nurse Beth Wehrman, has gotten a rather chilly reception in
the heartland as well (http://www.drcnet.org/wol/236.html#peoria).
It's not always so dramatic, but it is a recurring theme, said Purchase.
"Even
the most well-established programs go through cycles with their communities,"
he said. "It's not about the science or the truth -- if it were, we
wouldn't be having these fights -- but it's about politics, the war
on drugs mythology and even some more malignant impulses. For some
opponents, it's an educational process as well," said Purchase. "That's
a slow process."
The
movement is starved for resources, said Purchase, and it needs more
political support, but he pronounced himself at least partially satisfied
with the current state of affairs. "We're not stalled and we've learned
a lot, over that period we've managed to back up what was common sense
then with science, and now there are over 200 programs," he said.
"We've grown more knowledgeable about tailoring programs for a more
diverse population. We've made progress with state and local officials."
But
Grove pointed to yet another concern. "The model for NEPs has been
to start small, gain public acceptance and then grow, but the evidence
from the Beth Israel surveys doesn't support that," he said. "If they
start small, they tend to stay small. It's great that the movement
is spreading, but in many places that means if a key person goes,
the program is in real trouble."
And
for Purchase the overriding issue remains the same as when he first
began working on AIDS prevention in the 1980s. "The unpleasant feeling
is no different than it was years ago. Here we are trying to stop
the epidemic transmission of blood borne pathogens in a population
of millions, and we lack the resources to do it. For me, anger control
is always an issue."
5.
Baltimore Killings Continue as Politicians Continue to Ignore Role
of Prohibition
Baltimore's
long hot summer continued to simmer, with at least 24 homicides reported
in the last month alone, including three children. And as the death
toll rises, the political temperature is rising, too. In the wake
of recent shootings, whose victims included a Baltimore police officer,
Maryland and Baltimore politicians have begun firing accusations at
each other over who is to blame. The only thing they could agree on
was that the black market drug trade bears much of the responsibility
for the wave of violence.
Recent
killings have included the drive-by shooting of a 13-year old boy
in West Baltimore, an area of thriving black market drug activity.
The boy was with eight or nine other teenagers at the time, the Baltimore
Sun reported, raising the question of whether the bullet was intended
for him or someone else. Targeted killings like these, which are usually
linked to the unregulated drug trade, are contributing to the recent
rise in shootings.
A
police officer arresting a suspected drug dealer was also shot and
nearly killed in July as well. The suspected motive for the shooting
was to avoid arrest. The July incident was the third time in 18 months
that a Baltimore police officer making a drug arrest has been shot,
the Sun reported.
Juveniles
have become common victims of shootings in Baltimore. The Sun reported
that a 60-year old Baltimore man shot three youths between the ages
of 11 and 18 to remove them from his doorstep. Neighbors said the
building was being surrounded by young drug dealers, another example
of the doleful impact of prohibition and the black market.
Drug
war violence has spread from Baltimore to the rest of Maryland. Suburbs
such as Owings Mills, once a refuge from area crime, have experienced
an increase in thefts and burglaries and drug-related killings, including
the fatal shooting of an 18-year old during a marijuana deal at Owings
Mills Mall. Westminster, a town almost 25 miles northwest of the Baltimore
beltway, has experienced a surge in heroin-related overdoses. High
school dealers obtain heroin from Baltimore, which, despite the city's
raging drug war remains as pure as 80%, according to local news sources.
In
response to Maryland's increasing drug and violence crisis, politicians
have formed a circular firing squad. Rep. Robert L. Ehrlich, Jr. accused
his opponent in the upcoming gubernatorial race, Lt. Gov. Kathleen
Kennedy Townsend, of distorting statistics showing a drop in juvenile
crime in Maryland, according to the Sun. Back in Baltimore, Mayor
Martin O'Malley has ordered a temporary doubling of overtime police
hours in high-violence areas, expected to cost at least $10,000 a
night. Community groups have criticized the plan as only a way to
scatter the crimes geographically, rather than prevent them. O'Malley
is also forming a citizens' group to monitor the prosecution of gun
crimes, he announced.
O'Malley
in turn has criticized State's Attorney Patricia C. Jessamy for failing
to pursue gun charges and not opposing bail for a suspect in the shooting
of a 10-year old boy (http://www.drcnet.org/wol/246.html#baltimore).
Jessamy, who is running for reelection in a hotly contested race,
responded through an aide by accusing O'Malley of skewing crime reports
to hide his failure at fighting crime. Court transcripts show that
no one from Jessamy's office appeared at the bail hearing.
On
Saturday, O'Malley and Jessamy held a rare face-to-face meeting, where
the two called a truce and agreed on pouring more money into the witness
protection program and establish programs to increase collaboration
between prosecutors and detectives. The witness protection program's
budget has been increased from $300,000 to as much as Jessamy feels
is needed, up to $17 million. Neither Malley nor Jessamy discussed
the role of drug prohibition in creating the illegal drug market and
the crime it causes.
While
Baltimore remains stuck in the midst of the drug war, the town once
known as "The City that Reads" is grimly earning a new moniker, "The
City that Bleeds."
6.
Stossel Special Spurs War of Letters to ABC
ABC
news correspondent John Stossel's primetime Wednesday night special,
"Just Say No: Government's War on Drugs Fails," a slashing indictment
of the drug war and a ringing call for serious consideration of legalization
of drugs, has provoked a flutter of excitement among drug reformers
and much wailing, gnashing of teeth and rending of garments among
the drug war set.
Featuring
Detroit Police Chief Jerry Oliver, Southern California Judge James
P. Gray, NYC Rev. Joe Kane and the Institute for Policy Studies drug
policy analyst Sanho Tree, with DEA chief Asa Hutchison representing
the other side, the hour-long Stossel special ripped gaping holes
in the already tattered cloak of prohibitionist orthodoxy. Stossel
raised cutting questions such as whether claimed drug use drops are
truly the result of government policies and whether the US can wisely
fight simultaneously on the two fronts of drugs and terrorism, and
hammered hard on the violence created by prohibition in the US and
abroad.
Drug
prohibitionists, not surprisingly, were displeased, and some of them
have voiced their displeasure. Clinton era drug policy spokesman Bob
Weiner reacted like a jack-in-the-box, springing out of his Washington
lair with an apoplectic press release defending the Clinton drug war
and blasting Stossel. "It was a distorted and inaccurate excuse for
drug legalization," Weiner wrote, continuing, "It blows off the successes
and real reductions in use generated both by government drug policy
and efforts by parents, teachers, coaches, businesses, community coalitions,
religious leaders, and law enforcement."
The
Community Anti-Drug Coalitions of America (http://www.cadca.org),
a federally seeded "demand reduction" organization, also lobbed a
stink bomb Stossel's way via press release, accusing the program of
lack of balance because it failed to discuss demand reduction. General
Arthur T. Dean, Chairman and CEO of CADCA, then explained the real
problem: "While I believe there is a need for discussions in the public
arena, I firmly and unequivocally believe that all illegal drugs must
remain illegal, and there is no room for negotiation on that."
And
that, perhaps, is what's really eating these guys. Stossel and his
guests dared to try to make room for an intelligent discussion of
drug policy, driven by rational analysis instead of adherence to hoary
propaganda. That's too much for the likes of CADCA, Weiner and their
ilk, who know they must maintain a monopoly on the terms of public
discourse to have any chance of defending their positions.
Now
drug reformers and drug warriors are engaged in a battle of letters
to ABC. After CADCA issued a warning to its members the day before
the program aired, followed by an action alert the next day, at least
three drug reform groups -- DRCNet, the Libertarian Party and Drugsense
-- have done likewise, reporting unusually high response rates by
their members. At DRCNet, for example, an action alert distributed
late yesterday afternoon had yielded 15 copies of members' letters
to ABC, delivered to DRCNet by fax within two hours when the office
was vacated for the night. The fax machine was still ringing.
The
L-word is breaking into the mainstream. Perhaps America is getting
ready to begin a debate that its Latin American and European counterparts
have explored in depth.
ALERT:
Drug warrior organizations like the Community Anti-Drug Coalitions
of America (which is more rabidly prohibitionist than many of its
members) are now waging a letter writing campaign to ABC to pressure
them against questioning drug war dogma in the future. Your help is
needed to show ABC that good drug war reporting like Stossel's is
not only appreciated by viewers but is needed.
Please
write a letter in support of the Stossel special to:
David
Westin, President
ABC News
47 West 66th Street
New York, NY 10023
Please
fax us a copy of your letter to (202) 293-8344, e-mail it to alert-feedback@drcnet.org
or mail to: DRCNet, 2000 P St., NW, Suite 210, Washington, DC 20036.
If
you don't have time to write a paper letter (the most effective method
for making an impression), please visit http://abcnews.go.com/service/Help/abcmail.html
to submit your comments to ABC News online. You can also visit http://boards.abcnews.go.com/cgi/abcnews/request.dll?LIST&room=stossel
to state and discuss your views on ABC's web board devoted to the
Stossel special.
DRCNet
will provide info on ordering a video of the program in the near future.
In the meantime, you can read an excerpt from it at http://abcnews.go.com/onair/2020/stossel_drugs_020730.html
online.
The
following is a sample letter you can use (preferably modified and
personalized) in your communication to ABC, provided by Marc Brandl
of the Libertarian Party's Drug War Task Force:
I
wanted to thank you for your excellent choice to air John Stossel's
segment entitled "The War on Drugs: A War on Ourselves" on Tuesday,
July 30th. I found it to be a fresh, engaging look at the issue
of drug policy, and I believe it represented a level of journalistic
integrity that has not been seen on the issue of drug reform for
quite some time.
I
hope you will not believe any who might tell you that airing Mr.
Stossel's piece was a poor choice. Indeed, it is of the utmost importance
that Americans see both sides of an issue that has gone practically
uncontested for far too long.
Thank
you again for your choice in programming like John Stossel's. I
sincerely hope that ABC News will continue this level of quality
analysis in the future, and I will be watching more frequently in
the hope that it does.
Sincerely,
{sign
your name here}
7.
Newsbrief: Cooking Speed Equals Child Abuse Under New Tennessee Law
Persons
who manufacture methamphetamines in homes where children are present
are presumed to be guilty of severe child abuse under a Tennessee
law that took effect this month. The new law expands the definition
of "child abuse or neglect that is likely to cause great bodily harm
or death" to include cooking meth at the family domicile. No actual
harm need be proven under the law, which was crafted to make it easier
for the state Department of Children's Services (DCS) to remove the
children of speed users from their parents.
"The
law says having a structure with a meth lab and a child inside is
severe child abuse," DCS spokeswoman Carla Aaron told the Tennessean.
"It gives us more to work with."
The
Tennessee Commission on Children and Youth pushed the bill. The commission's
executive director, Linda O'Neal, told the Tennessean her agency supported
the bill because it provided stability for children by "providing
more protections before they are returned to their families, or if
that can't be done, facilitating the termination of parental rights."
The
law provides that a court's finding of "severe abuse" can be grounds
for permanently taking a child from his or her parents.
8.
Massachusetts Governor Vetoes Decriminalization Provisions
courtesy
NORML Foundation, http://www.norml.org
Massachusetts
lame-duck Governor Jane Swift has vetoed a provision in the state
budget just approved by the state legislature that would have transferred
from prosecutors to judges the option of treating many minor, nonviolent
offenses -- including drug possession offenses -- as a civil matter
instead of a criminal offense. The decriminalization provisions were
included in the state budget by the House Ways and Means Committee,
as a way to save money in a state that is facing a $2.5 billion budget
shortfall. The committee said that state prosecutors, who currently
have this option, have failed to exercise it.
House
Ways and Means Chairman John H. Rogers (D-Norwood) said the provision
could save about $1 million a year, since the state isn't required
to provide a lawyer in civil cases.
The
state is spending $2.5 million annually on lawyers to defend approximately
5,000 indigent people each year on low-level misdemeanor charges,
according to the Committee for Public Counsel Services.
Rogers
called it a "waste of taxpayer money" to mount a full legal defense
for crimes like running red lights.
Gov.
Swift, who is not a candidate for re-election in November, said she
vetoed the decriminalization provisions because they "unnecessarily
took power away from prosecutors."
9.
Newsbrief: Afghan Crop Report Says Opium Eradication a Joke
Afghan
President Hamid Karzai may sleep a little sounder now that he is surrounded
by the praetorian guards of the US Army, but despite a lot of rhetoric,
neither he nor his benefactors in Washington and London have made
any serious effort to put a dent into Afghanistan's revived opium
industry. According to a BBC Radio 4 broadcast from reporters on the
ground in Afghanistan, the spring harvest has resulted in a bumper
crop, and less than 10% of it has been eradicated.
According
to the BBC, although the Taliban successfully banned opium production
last year, the poppy has returned with a vengeance -- and authorities
are turning a blind eye. A loudly touted eradication program was announced
earlier this year, but it was met with outbreaks of violence from
peasant farmers and widespread disdain from the warlords who profit
from the trade but are vital to the stability of the Karzai government.
One member of the Afghan security forces who worked on the eradication
program told BBC: "They came here and made themselves look busy, but
it didn't look as if too many people were taking the task seriously."
He estimated that the teams had managed to destroy two percent of
the crop in his area.
Another
area, one controlled by the US-allied Northern Alliance, ignored the
Taliban's ban last year and is doing the same with Karzai's ban this
year, despite the Northern Alliance's heavy representation in the
Karzai government. According to the BBC, in the Northern Alliance's
Bedakshan province, "cultivation has barely been touched."
Look
for a wave of cheap smack to wash up against the English Channel any
time now. The year's second harvest is set for September.
10.
Newsbrief: Leading British Comedian Says Legalize It All
Comedy
writer Ben Elton has joined the legalization chorus in Britain. Elton,
one of the most successful writers and standup comics in the last
20 years in Britain, is best known for creating the TV series Black
Adder and the Young Ones, but has also written five novels and four
plays. He was among the select entertainers who performed at the Queen's
Jubilee pop concert last month at Buckingham Palace.
But
in remarks to the Scotsman newspaper on July 23, Elton turned serious.
The current drug laws should be radically rewritten to make such drugs
as cocaine and heroin legally available, he said.
"I
firmly believe that hugely radical solutions are now required. It's
about legalization, not decriminalization," said the popular entertainer.
When asked whether he meant hard drugs, Elton was emphatic. "Yes.
It is self-evident that criminalization hasn't worked. All it has
presented us with is organized crime."
11.
Newsbrief: Alabama Rape Victim Ordered to Provide Urine Sample for
Drug Test
A
Saraland, Alabama, woman who filed a rape complaint after a 4th of
July date turned ugly was ordered to provide a urine sample for a
drug test in Mobile County District Court on July 9. The order came
after Judge Delano Palughi ruled favorably on a defense motion asking
the court to force the accuser to submit to a drug test. Defense attorney
Rick Yelverton, representing 26-year-old Emanuel DeWitt, implied that
the woman could have been under the influence of drugs at the time
of the alleged rape. Yelverton argued that if the woman was on drugs
when the incident occurred, the test results could go "to her character
and to her ability to recall what happened that night."
But
while a urine sample from the woman was provided, it has not been
tested. After hearing furious objections from prosecutors, Mobile
Circuit Court Judge Joseph "Rusty" Johnston ruled on July 25 that
the sample would not be tested now, but would be turned over to the
Alabama Department of Forensic Sciences. Johnston refused to order
the urine sample destroyed, saying he wanted it preserved as possible
evidence in the case.
Prosecutor
Ashley Rich, lamenting that such a precedent could deter other victims
from coming forward, moved to have Johnston overturn Palughi's earlier
order. "The victim is not on trial here," she wrote in her motion
to vacate the order, "and the fact of whether or not the victim was
under the influence of controlled substances at the time of the rape
has no relevance to whether or not she was raped."
At
a news conference outside the courtroom, Rich added that forcing a
victim of a crime to take a drug test "sends a message to other victims."
A nurse or other state employee, for example, might not report a crime
if she feared being tested for drugs and possibly losing her job.
"We're very concerned," she said.
12.
Newsbrief: Tennessee School Board Ordered to Back Off on Zero Tolerance
-- Right to Public Education at Issue
The
Knox County Board of Education in Knoxville has been ordered to revise
its "zero tolerance" disciplinary policies as part of a lawsuit filed
by the parents of two students expelled for having prescription sleeping
pills on school premises. The two were among 170 students expelled
from Knox County schools last school year for "zero tolerance" offenses,
which call for mandatory one-year expulsions for physical attacks
on teachers, weapons possession or drug possession.
The
school district made no provision for alternative education programs
for the students it expelled, leaving them in educational limbo. The
parents of the two students sued the school board, arguing that the
"zero tolerance" expulsions violated the girls' rights to a public
education under the US and Tennessee constitutions. In March 2001,
Knox County Chancery Court Judge Sharon Bell agreed and ordered the
school district to revise its policy to agree with state law and "constitutional
guarantees afforded the plaintiffs."
The
board revised its policy the following month by adding a clause saying
that expelled students would be considered for placement in alternative
schools. But lawyers for the two students asked the judge to rule
that the board had violated the March 2001 order because although
the board had indeed reviewed the cases of 141 students thrown out
for "zero tolerance" violations between April 2001 and April 2002,
it had not actually placed any of them in alternative schools.
The
judge agreed, ruling on July 8 that the school board must again revise
its "zero tolerance" policies. According to the Knoxville News-Sentinel,
at a board meeting last week, the board proposed amending the policy
to explicitly state that expelled students will be considered for
alternative schooling. The proposed new policy would also order the
school superintendent to consider individual factors, such as seriousness
of the offense, prior disciplinary record, grades, and attendance,
when deciding "zero tolerance" cases.
The
school board is starting to have second thoughts. Board Chairman Jim
McClain told the News-Sentinel he wondered if the state's "zero tolerance"
policy, on which the district's policy was modeled, can survive. "I
think zero tolerance is doomed eventually," he said.
13.
Newsbrief: Seattle Marijuana Enforcement Initiative Signatures Submitted
Members
of the Sensible Seattle Coalition have filed some 19,600 signatures
with King County election officials for an initiative that would direct
Seattle police to make marijuana possession arrests their lowest priority.
The proposed measure calls for no changes in the law, only in police
practices.
The
petition drive needed 17,200 valid signatures. The King County Elections
Office is now screening the signatures to ensure that they are from
registered voters. If the Elections Office finds there are sufficient
valid signatures, the initiative would then have to win approval from
the City Council before appearing on the November ballot.
According
to the Seattle Times, there is support for the initiative on the council.
At least two council members are in favor of the proposal, the Times
reported.
If
enacted into law, Initiative 75, as the measure is known, may have
effects more symbolic than practical if recent arrest figures are
any guide. According to the Seattle City Attorney's Office, fewer
than one percent of its misdemeanor criminal cases (150 out of 17,000)
were for marijuana possession. A similar measure passed by the Oakland,
CA, City Council in 1996 had "virtually no effect on law enforcement,"
Oakland police told the Times.
Still,
Seattle City Council member Nick Licata told the Times the measure
would reinforce the idea that marijuana possession should be a low
priority. "I think it's better to have our limited funds for public
safety being directed toward car prowlers and home burglaries, rather
than arresting adults for marijuana."
(Visit
http://www.hemp.net
to learn more about what's going on in Washington state activism and
to read about Robert Lunday, an activists' activist who died too young.)
14.
Web Scan: CriminalDefense.com, Law Enforcement Against Prohibition,
Harry Levine, Ethan Nadelmann, Britain's School Daily
Issue
XVIII, Volume I of Criminal Defense magazine (July 29-August 14) focuses
on the drug war nationally and on New York state's Rockefeller drug
laws, including articles on issues, law, prisoners, editorials by
advocates on both sides -- go to http://www.criminaldefense.com
and click on the graphic or visit:
http://editor@criminaldefense.com/magazine/1.18/cover.html?
clgid=0ad4438b5ab6a18c
Read
about the impressive new organization Law Enforcement Against Prohibition:
http://www.leap.cc
Sociologist
Harry Levine writes on international drug policy developments and
the global prohibition regime in three recently published articles:
Britain's
"The School Daily" reports on the Professional Association of Teachers'
recommendation to teach UK youth how to take drugs safely rather than
simply told "just say no":
http://www.theschooldaily.com/articleView.asp?articlePK=14707
15.
Legislative Alerts: Rave Bill, Medical Marijuana, Higher Education
Act Drug Provision
URGENT:
Help stop S. 2633, the "Reducing Americans' Vulnerability to Ecstasy
Act of 2002" -- call your Senators at (202) 224-3121, visit http://www.emdef.org
for information.
Support
States' Rights to Medical Marijuana: Visit http://www.stopthedrugwar.org/medicalmarijuana/
to write to Congress today!
Visit
http://www.RaiseYourVoice.com
to tell Congress to repeal the Higher Education Act's drug provision
in full and let tens of thousands of young people with drug convictions
go back to college.
16.
The Reformer's Calendar
(Please
submit listings of events concerning drug policy and related topics
to calendar@drcnet.org.)
August
12-16, 8:30am-noon, Oakland, CA, Summer Seminar in Political Economy,
student session open to non-students, sponsored by The Independent
Institute. Registration $175, includes books and refreshements, one
unit of college credit available at extra cost, contact (510) 632-1366
or cclose@independent.org
or visit http://www.independent.org/tii/students/SummerSeminar.html
for further information.
August
17-18, 10:00am-8:00pm, Seattle, WA, Seattle Hempfest. At Myrtle Edwards
Park, Pier 70, call (206) 781-5734, e-mail hempfest@hemp.net
or contact http://www.seattlehempfest.com for further information.
August
21st, Portland, OR, "Media Awareness Forum," featuring KOIN TV-6 anchor
Reed Coleman and conservative radio talk show host Lars Larson discussing
how drug reform advocates about increasing the quality and quantity
of local news coverage. Visit http://www.jeffandtracy.com
or call (503) 605-5182 for info.
August
24-29, Lagos, Nigeria, "Tenth International Conference on Penal Abolition."
Contact Prisoners Rehabilitation and Welfare Action (PRAWA) at 234-(0)1-4971356-8
or prawa@linkserve.com.ng,
Rittenhouse: A New Vision of Transformative Justice at (416) 972-9992
or ritten@interlog.com, or
visit http://www.interlog.com/~ritten/
for further information.
September
4-6, Missoula, MT, First Annual Montana Drug Policy Summit. At the
University of Montana, speakers to include Dr. Ethan Russo of the
Journal of Cannabis Therapeutics, Cliff Thornton of Efficacy, Scott
Crichton of the Montana ACLU, Ron Mann director of the movie "Grass,"
Missoula attorney John Smith and others. For further info, contact
info@montanadrugpolicy.org.
September
8-11, Chicago, IL, "Racial Justice Leadership Institute," seminar
sponsored by the Applied Research Center. Limited to 30 participants,
application deadline August 5, visit http://www.arc.org/action_ed/
for further information, or contact Terry Keleher at (773) 278-4800
x162 or tkeleher@arc.org.
September
26-28, Los Angeles, CA, "Breaking the Chains: People of Color and
the War on Drugs." Conference by the Drug Policy Alliance, e-mail
conference@drugpolicy.org
to be placed on mailing list for when details become available.
September
30-October 1, Washington, DC, "National Symposium on Felony Disenfranchisement,"
conference sponsored by The Sentencing Project. Admission free, advance
registration required, visit http://www.sentencingproject.org
or call (202) 628-0871 for further information.
October
7-9, San Diego, CA, "Inside-Out: Fostering Healthy Outcomes for the
Incarcerated and Their Families." Contact Stacey Shank of Centerforce
at (559) 241-6162 for information. October 19, Portland, OR, "PottyMouth
Comedy Competition: Flushing Away the DEA," $5,000 first prize. Visit
http://www.jeffandtracy.com
or call (503) 605-5182 for info.
November
6-8, 2002, St. Louis, MO, "2nd North American Conference on Fathers
Behind Bars and on the Street." Call (434) 589-3036, e-mail fcn@fcnetwork.org
or visit http:/www.fcnetwork.org
for information.
November
8-10, Anaheim, CA, combined national conference of Students for Sensible
Drug Policy and the Marijuana Policy Project. Early bird registration
$150, $45 for students with financial need, visit http://www.mpp.org/conference/
for further information.
November
9, Anaheim, CA, Bill Maher benefit show for Students for Sensible
Drug Policy and the Marijuana Policy Project. Admission $50, or $1,000
VIP package including front-row seat and private reception with Bill
Maher. Visit http://www.mpp.org/conference/
for further information.
December
1-4, Seattle, WA, "Taking Drug Users Seriously," Fourth National Harm
Reduction Conference. Sponsored by the Harm Reduction Coalition, featuring
keynote speaker Dr. Joycelyn Elders, former US Surgeon General. For
information, e-mail conference@harmreduction.org,
visit http://www.harmreduction.org
or call (212) 213-6376.
April
6-10, 2003, Chiangmai, Thailand, "Strengthening Partnerships for a
Safer Future," 14th International Conference on the Reduction of Drug-Related
Harm, sponsored by the International Harm Reduction Coalition in partnership
with the Asian Harm Reduction Network. For further information, visit
http://www.ihrc2003.net
or contact conference@ihrc2003.net
or (6653) 223624, 894112 x102.
