| July 2, 1999 #104 | ||||||||||||||||||||
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Table of Contents
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FEATURE ARTICLE (Top) | ||||||||||||||||||||
A Harsh Civics Lesson | ||||||||||||||||||||
As a recent college graduate and new to the ways of Washington, I was excited to attend my first congressional hearing on June 16th about the pros and cons of drug legalization. Not only did I think that Congress might finally be willing to reconsider its lock-em-up spree and listen to other perspectives on dealing with drug abuse, I was also eager to observe our law makers in action. I expected to find a group of intelligent, thoughtful, policy makers engaged in an open and rational discussion of these tough issues. Wow, was I in for a surprise. | ||||||||||||||||||||
Presiding Chairman John Mica (R-FL) opened the hearing with the promising words that "an open and honest debate only serves the truth." But it was downhill from there on. Many of the committee members showed up late, delivered sanctimonious tirades that denounced anyone who advocated any sort of drug policy reform, and then exited without listening to the testimony of a single panelist. One of these part-time Representatives, Mark Souder (R-IN), scoffed at the notion of decriminalizing marijuana for medicinal purposes, declaring such talk as tantamount to advocating the legalization of rape or murder. | ||||||||||||||||||||
Watching this scene from the gallery, it dawned on me how naive I was.
This was not an open dialogue, but was a well-crafted congressional
ambush of the drug policy reform movement. That point was driven home
when the drug reform panel finally got a chance to speak--after the
committee heard from drug czar Barry McCaffrey, the Director of the
Office of National Drug Control Policy, and the Deputy Administrator
of the DEA. The blatant disrespect the committee members showed the drug
reform experts, made my stomach turn. Representative Bob Barr (R-GA)
chatted on his cell phone while David Boaz, executive vice president of
the Cato Institute, and Ira Glasser, executive director of the ACLU,
delivered thoughtful testimony about the consequences of prohibitionist
drug policies. | ||||||||||||||||||||
By the end of the hearing I suffered from acute congressional-hearing stress syndrome, brought on by repressing my natural adrenaline rush of anger and frustration over the closed-mindedness of so many of the committee members and the charade of the whole process. It was a harsh lesson in civics and one that deeply discourages me. Democracy cannot be served when the same people whose job it is to create sound public policy are unwilling to listen to any other voices than their own. | ||||||||||||||||||||
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WEEKLY NEWS IN REVIEW (Top) | ||||||||||||||||||||
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Domestic News- Policy COMMENT: (1) (Top) | ||||||||||||||||||||
Last week's issue noted criticism of ONDCP/PDFA for not including
alcohol in their jointly financed anti-drug ad campaign. This
explanation from two high-ranking drug warriors: because they couldn't
match the liquor lobby's ad budget, they shouldn't take on alcohol at
all- struck most people as a likely story. | ||||||||||||||||||||
(1) UNDERAGE DRINKING (Top) | ||||||||||||||||||||
The Partnership for a Drug-Free America wholeheartedly supports the
concept of developing a national advertising campaign targeting
underage drinking. But your June 16 editorial misses the essence of
our concerns regarding an amendment to the National Youth Anti-Drug
Media Campaign. | ||||||||||||||||||||
You can target illegal drugs with advertising. Backed by the proper
research, you can do the same for underage drinking. But you cannot do
both effectively with the current federal appropriation. That's the
issue. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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COMMENT: (2-6) (Top) | ||||||||||||||||||||
In a delayed comment on the Mica Subcommittee hearings, the Salt Lake
Tribune delivered an unequivocal and devastating verdict; similar
sentiments were expressed by the governor of New Mexico and endorsed
by the Albuquerque Journal. | ||||||||||||||||||||
Later in the week, a Bay Area physician wrote an op-ed for the SF Chronicle which pinpointed the glaring policy failures of an earlier 10 year plan offered by an earlier drug czar and passed by Congress. | ||||||||||||||||||||
Clearly stung by the flood of criticism of federal policy, Barry McCaffrey took the highly unusual step of laying out the government's intellectual position on drug prohibition- couched, as always, within a sermon against legalization. It's unclear whether the somewhat plaintive title was authored by McCaffrey or by a WP editor. | ||||||||||||||||||||
(2) LOST WAR ON DRUGS (Top) | ||||||||||||||||||||
Even when a war is being lost and a reasonable leader decides it is
time to make peace, there are others who will continue to prosecute it,
either because they are too dull to know their cause is doomed or
because they are too vain to admit failure. Such is America's war on
drugs. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(3) GOV. WANTS TO DISCUSS LEGALIZING DRUG USE (Top) | ||||||||||||||||||||
Gov. Gary Johnson, never one to shy from controversy, wants the
nation's drug problems and, possibly decriminalizing drug use, to be on
the front burner of public debate. | ||||||||||||||||||||
"It needs to get talked about, and one of the things that's going to get talked about is decriminalization," Johnson said in an interview Wednesday. "We really need to put all options on the table." | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(4) DISCUSSION IS OVERDUE ON U.S. DRUG PROBLEM (Top) | ||||||||||||||||||||
Gov. Gary Johnson has once again convincingly demonstrated that he's
neither a politician nor someone stuck in conventional thinking. In his
inimitable fashion, he put out a call for honest talk about this
country's war on drugs. | ||||||||||||||||||||
He points out that the so-called war on drugs has been a miserable failure. And his suggestion that decriminalization of some drugs should be part of the discussion is also worth consideration. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(5) DRUG CONTROL IS A BUST (Top) | ||||||||||||||||||||
CLINTON ADMINISTRATION'S POLICY CONTINUES COSTLY FAILED STRATEGIES | ||||||||||||||||||||
THE CLINTON ADMINISTRATION unveiled earlier this year its 1999 National
Drug Control Strategy, a continuation of an ambitious program initiated
in 1989 to reduce illegal drug use in the United States. Although most
government officials will not admit it, the plan launched in 1989 has
not only failed to meet most of its objectives, but it has also failed
to stem disturbing trends, especially in the area of adolescent drug
use. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(6) OPED: DON'T LEGALIZE THOSE DRUGS (Top) | ||||||||||||||||||||
Three-quarters of the U.S. population opposes the legalization of
psychoactive drugs such as heroin, cocaine, LSD, methamphetamine, and
marijuana. Therefore, the term "drug legalization" has rightfully
acquired pejorative connotations. Many supporters of this position have
adopted the label "harm reduction" to soften the impact of an unpopular
proposal that, if passed, would encourage greater availability and use
of drugs -- especially among children. The euphemism of "harm
reduction" implies that legalizing dangerous substances would reduce
the harm these substances cause. In fact, condoning drugs would
increase their use and hence their harm. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
Drug consumption damages the brain, which in turn produces other forms of destructive behavior. U.S. law does not grant people the right to destroy themselves or others. Addictive drugs were criminalized because they are harmful; they are not harmful because they were criminalized. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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COMMENT: (7) (Top) | ||||||||||||||||||||
For the second time in a few months, a measure billed as necessary to
the drug war was resoundingly defeated in Congress, proving that
issues dear to the middle class can trump 'tough on drugs.' Intrusive
'know your customer' bank legislation had never been enacted; however
forfeiture, as resurrected by the Supreme Court, is becoming the
darling of many police agencies- so the House vote flew in the face of
both the Clinton Administration and a powerful lobby. | ||||||||||||||||||||
(7) HOUSE APPROVES MEASURE THAT WOULD CURB GOVERNMENT'S AUTHORITY TO (Top)SEIZE PROPERTY | ||||||||||||||||||||
WASHINGTON -- An unusual coalition of liberals and conservatives
persuaded the House of Representatives to approve legislation Thursday
to make it much harder for Federal and state law enforcement
authorities to confiscate property before they bring criminal charges
in narcotics and other cases. | ||||||||||||||||||||
By an unexpectedly lopsided vote of 375 to 48, the House for the first
time rolled back 30 years of criminal measures passed at the height of
Government "wars" on drugs and terrorism. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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Law Enforcement & Prisons | ||||||||||||||||||||
COMMENT: (8-9) (Top) | ||||||||||||||||||||
A San Francisco Chronicle series trumpeted that an amazing total of
2.6 million arrest warrants for 680,000 separate individuals are
unserved in California. | ||||||||||||||||||||
When one throws out the misdemeanors, it turns out that 1/3 of the
220,000 'felonies' represent drug cases. | ||||||||||||||||||||
Further south, the San Jose Mercury News took a more direct look at
how drug arrests have impacted California's expanding prison
(non) system. | ||||||||||||||||||||
(8) WHEN JUSTICE GOES UNSERVED (Top) | ||||||||||||||||||||
Thousands Wanted On Outstanding Warrants -- But Law Enforcement Largely
Ignores Them | ||||||||||||||||||||
California is swarming with fugitives, bail jumpers and scofflaws who
roam the streets without fear of arrest -- despite the warrants hanging
over their heads. | ||||||||||||||||||||
The numbers are staggering. The state has a backlog of more than 2.5
million unserved warrants for felony and misdemeanor crimes. Most are
for minor offenses, but tens of thousands of those warrants are for
people wanted for violent crimes, including more than 2,600 outstanding
homicide warrants. | ||||||||||||||||||||
And in most cases, nobody is even looking for them. Not the cops, not
the sheriffs' deputies, not the highway patrol. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(9) STATE IS LOCKED UP IN PRISON MENTALITY (Top) | ||||||||||||||||||||
CALIFORNIA has amassed the biggest prison system in the Western world. | ||||||||||||||||||||
In two decades, the number of inmates has increased eight fold.
They're housed, at $21,000 each per year, in the 21 new prisons that
the state spent $5.3 billion constructing. | ||||||||||||||||||||
The cost of incarceration has outraced other areas of spending in the state budget, soaking up money that should have gone toward unchoking traffic, maintaining parks and raising public education spending. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
Inmates convicted of non-violent crimes constitute three-fifths of the
prison population. The majority of them -- some estimates are as high
as 70 percent -- have a drug and alcohol addiction. A quarter of the
state's male inmates -- and more than a third of the women -- are in
for drug offenses alone. That compares with 7.5 percent -- one in 14 --
two decades ago. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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COMMENT: (10-11) (Top) | ||||||||||||||||||||
There's no shortage of people demanding reform of NY's harsh
Rockefeller laws- only of people in power with the courage to actually
change them. Last week, further calls for reform were heard from two
unlikely sources; one was a man who'd played a key role in their
passage. | ||||||||||||||||||||
The other was the Drug Czar himself, picking up on the call from drug war scholar John DiIulio for less prison and more 'treatment.' | ||||||||||||||||||||
(10) NY DRUG LAWS NEED OVERHAUL (Top) | ||||||||||||||||||||
When New York State enacted the Rockefeller Drug Laws in 1973, it was hoped
that a tough, no-nonsense approach would stem the spiraling rate of illegal
drug use and drive drug dealers from the streets. | ||||||||||||||||||||
I should know -- As a Republican state senator, I was a sponsor of the legislation. I believed these laws would protect the public. | ||||||||||||||||||||
Instead, they've handcuffed our judges, contributed to filling our prisons
to dangerously crowded levels and denied sufficient drug treatment to
nonviolent addicted offenders. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(11) WHITE HOUSE DRUG CHIEF CRITICAL OF N.Y. LAWS (Top) | ||||||||||||||||||||
Gen. Barry McCaffrey, the retired general who directs the White House's
drug control policy, has added his voice to the criticism of the
mandatory prison sentences required under New York's stringent drug
laws. | ||||||||||||||||||||
In a speech scheduled for Tuesday before a conference on substance
abuse and criminal justice in Albany, N.Y., McCaffrey, the director of
the Office of National Drug Control Policy, asserts that building more
prisons, as New York is doing, will not solve the problem of
drug-driven crime. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
McCaffrey notes a new study by John DiIulio, a Princeton University
professor, reporting that one-fourth of recent admissions to prisons in
New York involve felons whose only crimes have been low-level,
nonviolent drug offenses. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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COMMENT: (12-13) (Top) | ||||||||||||||||||||
Desperate political maneuvering within the legislature characterizes
many states dealing with the vexing problem of rising prison
populations; among the more interesting are Oklahoma, locked in a
bitter battle between Democrats who are trying to moderate sentences
('truth in sentencing' legislation), and Republicans, who want to
maintain prison growth. | ||||||||||||||||||||
In Wisconsin- caught between the rock of new prison construction and
the hard place of shipping prisoners out of state- the battle has
focused on a private prison built by- ironically enough- an Oklahoma
company. | ||||||||||||||||||||
(12) US OK: LAWMAKERS WILL HAVE ONE MORE CHANCE (Top) | ||||||||||||||||||||
To Resolve the Truth-In- Sentencing Issue Before the Law Takes Effect | ||||||||||||||||||||
OKLAHOMA CITY -- Legislators will meet Wednesday to continue a special
session on truth in sentencing and take another stab at working out
their differences on the controversial issue. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
But that isn't good enough for the lock- 'em-up-and-throw-away-the-key
crowd. The Oklahoma Sheriffs Association says it would allow violent
and repeat offenders to avoid incarceration and get into the
community-sentencing program. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(13) DEMOCRAT: DON'T MOVE ON PRISON (Top) | ||||||||||||||||||||
State Should Keep Options Open for Now, Burke Says | ||||||||||||||||||||
Madison - The leading opponent of a proposal to buy or lease a private
prison under construction in Stanley says Wisconsin likely will end up
acquiring the prison. | ||||||||||||||||||||
But it's not a move the state should make now in the state budget,
according to Sen. Brian Burke (D-Milwaukee), co-chairman of the Joint
Finance Committee. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
"I'm disappointed," Jauch said. "There is a sense of spite by many
legislators and I believe by the administration about the manner in
which the Dominion Group developed this prison. There is anger about
their arrogance. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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Cannabis & Hemp | ||||||||||||||||||||
COMMENT: (14-15) (Top) | ||||||||||||||||||||
The federal government clings stubbornly to prohibition of all Cannabis use, despite its absence of either dangerous or addictive properties, both of which are supposedly sine qua non for Schedule One designation. | ||||||||||||||||||||
In Florida, a state where there is a current movement to legalize
'medical marijuana,' the Miami Herald carried an editorial which raises
questions still being asked in California- which passed its initiative
two and a half years ago, but where patients are still being arrested
by local police and sheriffs. | ||||||||||||||||||||
An article from California tells us how "experts" are still divided on
just how the Supremes might apply their concepts of state sovereignty
to the issue. So much for certainty. | ||||||||||||||||||||
(14) EDITORIAL: DAZED AND CONFUSED - ON MEDICAL MARIJUANA (Top) | ||||||||||||||||||||
A recent court ruling is welcome, but more change is needed. | ||||||||||||||||||||
You be the judge: Before you is an AIDS patient charged with
posses-sing marijuana. He pleads that the prescription drugs he takes
to bolster his weakened immune system suppress his appetite and leave
him chronically nauseous and underweight. | ||||||||||||||||||||
The defendant testifies that smoking pot is the only way he can
tolerate the food that he needs to survive, and he cites a National
Institute of Medicine study to back him up. The two-year study released
in March con-firms that smoking marijuana is effective in treating the
pain, nausea and the severe weight loss common in cases of full-blown
AIDS. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
Moreover, even if the dispute in Florida ultimately is resolved -- by the courts or the Legislature -- in favor of legalizing the use of medical marijuana with a doctor's prescription, the feds strongly oppose allowing the states any discretion in these matters. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(15) PUTTING THE BRAKES ON FEDERAL CONTROLS (Top) | ||||||||||||||||||||
A trio of related 5-4 decisions last week by the U.S. Supreme Court
could have implications for the broad power of state government
vis-a-vis the national government, and for specific cases pending,
including at least one involving California law. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
IMPACT ON MEDICAL MARIJUANA | ||||||||||||||||||||
We talked to Jonathan Emord, a Washington, D.C. constitutional lawyer
who wrote the brief for another case with special importance for
Californians. In Pearson v. McCaffrey, which the Washington, D.C.
federal district court should decide soon, Mr. Emord argues, on behalf
of a coalition of scientists, doctors and patients, that the federal
government cannot use federal law to invalidate state laws authorizing
the medical use of medical marijuana if there is no evidence that
furnishing marijuana to patients on the recommendation of licensed
physicians will involve interstate commerce. | ||||||||||||||||||||
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International News-(Oh, Canada) | ||||||||||||||||||||
COMMENT: (16-18) (Top) | ||||||||||||||||||||
Our rapidly growing archive of international news presents a problem in balanced selection of items to highlight. The newsletter is conceived as a distillation of the news archive- which focuses on American drug policy, but also includes other nations- primarily English speaking countries, plus a few others where many news in English are available because of their close ties to the US. | ||||||||||||||||||||
It is recognized that this approach neglects large areas which are
impacted by US policy; suggestions are welcome. | ||||||||||||||||||||
This week's international focus was prompted by a spate of news articles from Canada highlighting their crime problems which are associated with their (and our) illicit drug market. Can anyone believe that these problems are at all controllable (let alone "soluble") by doing more of what created them in the first place? | ||||||||||||||||||||
(16) CANADA: POLICE MAKE HUGE HEROIN BUST (Top) | ||||||||||||||||||||
A huge international heroin import-export conspiracy scheme extending
from the jungles of the Golden Triangle in Myanmar (Burma) and Thailand
into Canada and south to the United States and Puerto Rico is being
broken up by police. | ||||||||||||||||||||
``This is, in terms of magnitude, the largest heroin importing scheme
alleged in Canadian history,'' Victoria Crown counsel Brian Jones said
Tuesday in an interview. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(17) CANADA: OUTLAW BIKER WAR LOOMS ON LOCAL HORIZON (Top) | ||||||||||||||||||||
Events that took place in Montreal last week and planned in Texas may
have a violent effect on us, here, in British Columbia. | ||||||||||||||||||||
The outlaw motorcycle gang Rock Machine, which has been engaged in a violent war for control of the lucrative drug trade in Quebec with the Hells Angels, has been officially made a "Support Club" of the Bandidos, one of the so-called "Big Four" outlaw gangs in the world. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(18) CANADA: PRISONS DESPERATE TO CONTROL DISEASES (Top) | ||||||||||||||||||||
Providing Heroin, Tattoo Services Among Proposed Measures | ||||||||||||||||||||
The federal prison service is studying everything from prescription heroin to sanitary tattooing to help control serious drug and health problems behind bars, newly released documents indicate. | ||||||||||||||||||||
The ideas are among the options outlined in a draft strategy paper prepared by the Correctional Service of Canada to address the challenges of substance abuse and fast-spreading illness. | ||||||||||||||||||||
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HOT OFF THE 'NET (Top) | ||||||||||||||||||||
KUBBY ON INSIDE EDITION - UPDATE | ||||||||||||||||||||
Good News! Steve Kubby's piece on Inside Edition was not bumped. It was also an outstanding segment depicting Steve and Michele as the reasonable professional victims of a government gone mad that they are. | ||||||||||||||||||||
Bad news! At the last minute Inside Edition rescheduled the piece and
it aired Thursday PM. | ||||||||||||||||||||
This means that most of you missed it unless you can catch a late night
airing in your area. While this is unfortunate we are attempting to get
a URL that will have a RealVideo and perhaps a transcript of the
segment. | ||||||||||||||||||||
If all else fails please take action anyway and write letters as described in our previous Focus Alert following the samples as guidelines provided. This Focus Alert is reprinted below. | ||||||||||||||||||||
For all details and where to write see the Focus Alert banner at
http://www.mapinc.org/ | ||||||||||||||||||||
There is an developing update page which will explain the latest on the Inside Edition show at: http://www.kubby.org/inside.html | ||||||||||||||||||||
Kubby hopes to have a transcript or on-line viewable edition of the
Inside Edition segment up today. | ||||||||||||||||||||
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NM GOVERNOR GARY JOHNSON WEB PAGE | ||||||||||||||||||||
Kevin Zeese informs us: | ||||||||||||||||||||
For those interested in more on NM Governor Gary Johnson you may want to
visit his official web site. http://www.governor.state.nm.us/
Johnson is the Governor who created the nationwide buzz when calling for
hearings on drug legalization earlier this week. | ||||||||||||||||||||
See the news article at: | ||||||||||||||||||||
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CRRH POSTS GERALDO AND OTHER DRUG WAR SPECIALS IN REALVIDEO | ||||||||||||||||||||
"Drug Bust: The Longest War," Geraldo Rivera Reports, NBC News;
http://www.crrh.org/hemptv/docs_nbc699.html | ||||||||||||||||||||
"The 20th Century, with Mike Wallace" | ||||||||||||||||||||
CRRH is not only hosts the largest archive of streaming videos on drug policy on the Internet, CRRH is also leading the effort to end cannabis prohibition and regulate the sale of cannabis to adults. | ||||||||||||||||||||
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QUOTE OF THE WEEK (Top) | ||||||||||||||||||||
"What is ominous is the ease with which some people go from saying
that they don't like something to saying that the government should
forbid it. When you go down that road, don't expect freedom to survive
very long." - Thomas Sowell | ||||||||||||||||||||
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