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DrugSense Weekly
March 26, 1999 #91

A DrugSense publication                       http://www.drugsense.org


Table of Contents

* Breaking News (12/22/24)


* Feature Article


A Viagra-model Solution to the War on Drugs
by Bernhard Haisch, Ph.  D.

* Weekly News in Review


Drug War Policy-

COMMENT: (1-4)
(1) High Court Limits Drug Testing of Students
(2) School Drug Testing Proposal Moves Through Senate
(3) Senators Pledge 1,000 More Agents for Border Patrol
(4) When a Bad Policy Fails

Law Enforcement & Prisons-

COMMENT: (5-7)
(5) The Prison Boom
(6) America, Land of Prisons
(7) Prison Policy Is Both Costly and Irrational

Forfeiture-

COMMENT: (8-10)
(8) When Can Police Seize Private Property?
(9) Stealing By The State
(10) Property Seizures Trample The Constitution

Cannabis-

COMMENT: (11-16)
(11) Study: Marijuana Helps Fight Pain
(12) Editorial: Let Science Run Marijuana Debate
(13) Medical Marijuana Smoking to Remain Illegal
(14) Lockyer Gives Quiet OK To S.F. Pot Clubs
(15) Judge Denies Advocate's Request to Smoke Pot
(16) Federal Judge Lets Lawsuit on Medical Marijuana Go On

International News-

COMMENT: (17-20)
(17) Heroin Users' Starting-Up Age Plummets into Teens
(18) Anti-Drugs Drive Fails to Stem Abuse
(19) RCMP Drug Raid Was Dopey
(20) Top Mexican Off-Limits to U.S. Drug Agents

* Hot Off The 'Net


New Commons Sense For Drug Policy Web Page http://csdp.org
IOM Report full text online

* Quote of the Week


Thomas Jefferson


FEATURE ARTICLE    (Top)

Editors Note: It is well known that most drug warriors are not exactly rocket scientists.  Here is an interesting article on reforming drug policies by someone who actually is a "rocket scientist."

A Viagra-model Solution to the War on Drugs
Bernhard Haisch, Ph.  D. Astrophysicist

Poorly funded schools.  Deteriorating highways. Gang violence. Blame it on the "war on drugs."

Drug dealing and enforcement together constitute a several hundred billion dollar per year business worldwide [1].  We are fueling the world's largest black market, creating criminal empires of global drug dealers, and in return our society gets gangs, violence, crime, corruption and a drain on our resources.

This robs and threatens every one of us.  California, for example, has built only one new university since 1984...  thanks to building 20 new prisons.  And these prisons are now overflowing with people whose crime is not robbery, rape or murder, but merely private use of a "controlled substance." It costs taxpayers about $30000 per prisoner per year. There is a way out of this waste of life and money: a "live and let live" compromise we can live with.

The function of Prozac and several similar prescription drugs is not to fight sickness, but to make people feel good.  Viagra has gone one step further.  It is really our first legal recreational drug. This opens a whole new solution to our dangerous, costly war on drugs.  Let's challenge pharmaceutical companies to come up with one or more safe, non-addictive, legal recreational drugs, available to adults by prescription.

It is futile to try to stamp out something people desire.  Throughout history this approach has never worked, but a safe and controlled alternative often has.  However the real reason to try this is not just personal freedom.  The real reason is that the current war on drugs is the single most corrupting, violence-generating factor in the world today and we've got to stop it.

Primarily as an anti-drug offensive, the government has granted itself vast power to seize private property even from innocent people.  So if a spouse or a business partner, say, winds up involved in drugs, your share of assets may be taken away from you no matter how innocent you might be.  In an amazing ruling the Supreme Court upheld the right of the government to do just that.  An innocent wife in Michigan recently lost her share of a seized automobile because her husband had used it in soliciting a prostitute.[2] That widely-publicized case happened not to involve drugs, but the "war on drugs" is where seizure is more widely used all the time by the government.

We consider it outrageous when a repressive foreign regime dictates the private behavior of its citizens.  And yet we allow our government to throw our own citizens into prison for doing things in private.  On what moral or constitutional grounds can we justify penalizing the mere possession or private use of something? Do we really want to give the government the power to incarcerate its citizens for this? This is barbaric and unconstitutional...  and an ominous road to be going down that threatens all of our rights.

Prohibition failed.  The federal 55 mph national speed limit of the 1970's failed.  It looks to me as if our "war on drugs" is failing badly and, worse still, undermining our liberty at the same time.  Dare we ask who is profiting from the present situation? I pose that it is time to stop the war mentality rhetoric, start thinking these things through rationally, and even try a radically new approach.  Let's win the war on drugs with a new definition of victory that will end the violence, corruption and black market bonanza.

According to a piece in the New York Times"A good many Americans, including police chiefs and doctors, believe it is time for a change in our failed drug policy.  It is our political leaders who are afraid of change." [3] Our national "war on drugs" poses a greater danger to our society than the drugs themselves.  It is time to rethink our drug policies from square one.  Why not authorize the pharmaceutical companies to explore the completely new approach of developing a few safe recreational drugs, with known effects and well-calibrated dosages.  If a physician can prescribe Viagra, why not this? We permit adults the use of alcohol.  It's time to think outside the box. The mess within the box is intolerable.


[1] $53.7 billion was spent on illegal drug purchases in the US alone in 1996 (Assoc.  Press). Add to that a similar amount spent on enforcement.

[2] USA Today, March 5, 1996

[3] New York Times, Jan.  5, 1998, piece by Anthony Lewis.

Dr.  Haisch is an astrophysicist in Palo Alto California
Email:  


WEEKLY NEWS IN REVIEW    (Top)


Domestic News- Policy


COMMENT: (1-4)    (Top)

Although major media attention focused on the IOM report, other drug policy issues also made news; a recent surge in favor of school drug testing seems to have crested- except in predominantly rural states, like Oklahoma.

The US Senate, refusing to concede that statistics showing lower crime rates should confer any "drug war benefit" on taxpayers, continued to support a harsh version of the drug war.

Finally, Sean Gonsalves, a syndicated columnist who is also African- American, seems to have acquired a very accurate understanding of the drug war.


(1) HIGH COURT LIMITS DRUG TESTING OF STUDENTS    (Top)

Fourth Amendment Applies To Children As Well As Adults

WASHINGTON -- The Supreme Court, limiting the drug testing of students, refused Monday to allow a school district to test all those who violate its disciplinary rules.

While individuals who appear to be under the influence of drugs can be tested at school, officials may not routinely test groups of students, under the ruling that the high court let stand.

The Constitution's Fourth Amendment protects students, as well as adults, from unreasonable searches by public officials, the ruling said.

[snip]

Pubdate:   Tue, 23 Mar 1999
Source:   San Jose Mercury News (CA)
Copyright:   1999 Mercury Center
Contact:  
Website:   http://www.sjmercury.com/
Author:   David G.  Savage
URL:   http://www.mapinc.org/drugnews/v99.n335.a04.html


(2) SCHOOL DRUG TESTING PROPOSAL MOVES THROUGH SENATE PANEL    (Top)

OKLAHOMA CITY - A bill approved by a Senate panel Tuesday would give schools legal authority for the first time to administer random drug and alcohol tests to tens of thousands of students.

House Bill 1289 by Rep.  Dale Smith, D-St. Louis, and Sen. Brad Henry, D- Shawnee, authorizes schools to conduct drug and alcohol tests on students who engage in extracurricular activities.  That would include such things as sports, band, debate, choir or any other school-connected activity.

[snip]

Pubdate:   Wed, 17 Mar 1999
Source:   Tulsa World (OK)
Copyright:   1999, World Publishing Co.
Contact:  
Website:   http://www.tulsaworld.com/
URL:   http://www.mapinc.org/drugnews/v99.n315.a06.html


(3) SENATORS PLEDGE 1,000 MORE AGENTS FOR BORDER PATROL    (Top)

Several Senate Republicans pledged Tuesday to overrule the Clinton administration and add 1,000 new Border Patrol agents next year.  In a hearing to question INS Commissioner Doris Meissner, they accused the White House of raiding immigration enforcement accounts to fund other priorities.

[snip]

Pubdate:   Wed, 17 Mar 1999
Source:   Orange County Register (CA)
Section:   News
Page:   9
Copyright:   1999 The Orange County Register
Contact:  
Website:   http://www.ocregister.com/
URL:   http://www.mapinc.org/drugnews/v99.n310.a03.html


(4) WHEN A BAD POLICY FAILS    (Top)

REMEMBER the so-called welfare reform debate? Politicians, policy-makers and pundits were arguing about "welfare dependency" - the notion that "welfare queens" (doublespeak for poor black women) had become overly dependent on the state for their survival.

[snip]

Two weeks ago, a report was released titled "The Effective National Drug Control Strategy." The report, co-authored by Kevin Zeese, president of Common Sense for Drug Policy, concluded that the so-called war on drugs "has failed to protect America's children from drug abuse and has failed to reduce the availability of cocaine and heroin."

The report was released on the same day that Drug Czar Barry McCaffrey testified before a House subcommittee on his fiscal year 2000 budget request.

[snip]

Pubdate:   Tue, 16 Mar, 1999
Source:   Cape Cod Times (MA)
Copyright:   1999 Cape Cod Times.
Contact:  
Website:   http://www.capecodonline.com/cctimes/
Author:   Sean Gonsalves
Note:   Sean Gonsalves is a syndicated columnist for the Cape Cod Times.  He
is also regularly published in the SF Bay Area.
Email:  
The Network of Reform Groups (NRG) report "The Effective National Drug Control Strategy" is on the web at:http://www.csdp.org/edcs/
URL:   http://www.mapinc.org/drugnews/v99.n324.a05.html


Law Enforcement & Prisons
---------

COMMENT: (5-7)    (Top)

Although also overshadowed by the IOM report, the implications of recently released DOJ prison statistics continued to resonate with editorial writers.  The dire fiscal and educational implications of the prison glut are also beginning to dawn on the more thoughtful.


(5) THE PRISON BOOM    (Top)

Interesting how not only people have their 15 minutes of fame.  Issues do, too.  A powerful beam of concentrated light has fallen, suddenly, on the astonishing share of our population we've been putting behind bars.

In the past dozen years, the number of Americans in jails and prisons has doubled, says a Justice Department survey released this month.  At the end of 1985, there were 744,208 people locked up; by mid-1998, 1.8 million.

The prison boom -- and the degree to which it is fed by drug-related arrests -- had been generating headlines even before the study.

[snip]

Pubdate:   Tue, 23 Mar 1999
Source:   Washington Post (DC)
Copyright:   1999 The Washington Post Company
Section:   OPED, Page A17
Address:   1150 15th Street Northwest, Washington, DC 20071
Feedback:   http://washingtonpost.com/wp-srv/edit/letters/letterform.htm
Website:   http://www.washingtonpost.com/
Author:   Geneva Overholser
URL:   http://www.mapinc.org/drugnews/v99.n334.a04.html


(6) AMERICA, LAND OF PRISONS    (Top)

No doubt there is a connection between America's falling crime rates and its soaring prison populations.  It's the nature of that connection that demands scrutiny.  Many think the former was purchased with the latter.  Lock up more criminals for longer periods and it is inevitable the streets will become safer.  And they have....

[snip]

But it also can be argued that jailing almost 2 million people is, in the long run, neither a cost-effective nor a humane method of maintaining domestic tranquility.  Not when it costs around $30,000 a year to keep someone in a typical prison.  And not when our prisons are as likely to harden criminals as rehabilitate them.

[snip]

Pubdate:   Mon, 22 March 1999
Source:   Chicago Tribune (IL)
Copyright:   1999 Chicago Tribune Company
Contact:  
Website:   http://www.chicagotribune.com/
URL:   http://www.mapinc.org/drugnews/v99.n330.a10.html


(7) PRISON POLICY IS BOTH COSTLY AND IRRATIONAL    (Top)

When he ran for governor last year, Ed Garvey complained that Gov. Tommy Thompson's vision for Wisconsin's future was one of "big highways connecting big prisons.''

What neither Garvey nor anyone else knew at the time was that the most expensive "highway'' was the one being used to ship Wisconsin prisoners -- and tax dollars -- out of state.

[snip]

Pubdate:   March 21, 1999
Source:   Capital Times, The (WI)
Copyright:   1999 The Capital Times
Contact:  
Website:   http://www.thecapitaltimes.com/
URL:   http://www.mapinc.org/drugnews/v99.n335.a03.html


Forfeiture-


COMMENT: (8-10)    (Top)

The onerous practice of forfeiture also received considerable media attention; there is increasing recognition that what was billed as a tool to punish "kingpins" is increasingly a means for venal cops to steal from America's least affluent and well-connected property owners.


(8) WHEN CAN POLICE SEIZE PRIVATE PROPERTY?    (Top)

Supreme Court hears case today that tests limits of a powerful crime-fighting tool.

It's one of the most contentious areas of American law in the 1990s: allowing police to seize personal property - often in advance of a finding of guilt - if they believe it is linked to criminal activity.

Opponents say such police tactics raise basic questions of fairness, privacy, and due process.

[snip]

Pubdate:   23 Mar 1999
Source:   Christian Science Monitor (US)
Copyright:   1999 The Christian Science Publishing Society.
Contact:  
Website:   http://www.csmonitor.com/
Forum:   http://www.csmonitor.com/atcsmonitor/vox/p-vox.html
URL:   http://www.mapinc.org/drugnews/v99.n333.a02.html


(9) STEALING BY THE STATE    (Top)

In January Hamilton County prosecutors spent hours convincing a jury that Michael Nieman was an innocent victim, a jeweler murdered in his own bed by a stripper girlfriend who just wanted his money.

As soon as the trial was over, federal prosecutors turned around and launched legal proceedings to seize Nieman's house, vehicles, cash, jewelry and other assets, arguing that he had really been a drug dealer, even though he had absolutely no record of drug crimes.  The Hamilton County sheriff helped seize Nieman's estate.

An attorney for Nieman's daughter called it legalized stealing.  The attorney is right.

[snip]

Pubdate:   Tues, 16 Mar 1999
Source:   Cincinnati Post (OH)
Copyright:   1999 The Cincinnati Post
Contact:  
Website:   http://www.cincypost.com/
URL:   http://www.mapinc.org/drugnews/v99.n302.a01.html


(10) PROPERTY SEIZURES TRAMPLE THE CONSTITUTION    (Top)

In America, no one can take your property except through a legal process involving a finding of guilt.  So says the Constitution of the United States in Articles IV, V and XIV.

But don't kid yourself.  Today these words all too often ring hollow as the federal government, the states, counties and cities across the land avail themselves of the opportunity to sequester private property - cash, houses, boats- under laws enacted by the Congress in the 1980s as a way to combat the power of major drug lords.

[snip]

Pubdate:   Tue, 16 Mar 1999
Source:   Greensboro News & Record (NC)
Copyright:   1999 Greensboro News & Record, Inc.
Contact:  
Website:   http://www.greensboro.com/
URL:   http://www.mapinc.org/drugnews/v99.n301.a05.html


Cannabis-


COMMENT: (11-16)    (Top)

We've changed our heading to emphasize that "marijuana" is an enemy term.  Cannabis is proper usage for that fraction of the hemp plant employed for its therapeutic or psychic effects.  Henceforth, we intend to eschew 'marijuana' in our own prose and urge our readers to do the same.  Its continued use in quoted and excerpted articles is, of course, unavoidable.

The long-awaited IOM Report- as predicted- proved a disappointing and equivocal document, carefully crafted to provide prohibitionists some cover, but which also was unable to lie about the central truth: cannabinoids are bona-fide therapeutic agents.

The most interesting aspects of the report were how avidly it was covered by the media, the extent to which they saw it as far more positive than it really was, and the editorials it generated calling for a more rational policy.  Nonetheless, McCzar immediately made clear there will be no move to reschedule and (by implication) urged continued arrests.

In California, the McWilliams, Kubby and Lockyer positions remained unchanged while in Philadelphia, a trial date was set for the class-action suit.


(11) STUDY: MARIJUANA HELPS FIGHT PAIN    (Top)

WASHINGTON (AP) -- The active ingredients in marijuana can help fight pain and nausea and thus deserve to be tested in scientific trials, an advisory panel to the federal government said today in a report sure to reignite the debate over whether marijuana is a helpful or harmful drug.  The Institute of Medicine also said there was no conclusive evidence that marijuana use leads to harder drugs.

[snip]

Pubdate:   Wed, 17 Mar 1999
Source:   Associated Press
Copyright:   1999 Associated Press
Author:   Randolph E.  Schmid
URL:   http://www.mapinc.org/drugnews/v99.n309.a07.html


(12) EDITORIAL: LET SCIENCE RUN MARIJUANA DEBATE    (Top)

THIS week's Institute of Medicine report on medical marijuana should send a message to the feds that it's time to start letting science - not politics - steer this debate.

[snip]

Pubdate:   Thur, 18 Mar 1999
Source:   San Mateo County Times (CA)
Copyright:   1999 by MediaNews Group, Inc.  and ANG Newspapers
Contact:  
Website:   http://www.newschoice.com/newspapers/alameda/smct/
URL:   http://www.mapinc.org/drugnews/v99.n317.a10.html


(13) MEDICAL MARIJUANA SMOKING TO REMAIN ILLEGAL    (Top)

LOS ANGELES, - White House anti-drug czar Barry McCaffrey said on Wednesday that marijuana would remain on the government's list of illegal drugs despite a report saying smoking it could be beneficial to certain patients.

[snip]

Pubdate:   Wed, 17 Mar 1999
Source:   Reuters
Copyright:   1999 Reuters Limited.
Author:   Michael Miller
URL:   http://www.mapinc.org/drugnews/v99.n305.a01.html


(14) LOCKYER GIVES QUIET OK TO S.F. POT CLUBS    (Top)

But Distribution Should Be Discreet And Low-profile

California's attorney general told San Francisco authorities yesterday that medicinal marijuana distribution in the city can proceed if it is done discreetly, so that federal authorities do not feel the need to intervene.

[snip]

Pubdate:   Sat, 20 Mar 1999
Source:   San Francisco Chronicle (CA)
Copyright:   1999 San Francisco Chronicle
Contact:  
Website:   http://www.sfgate.com/chronicle/
Forum:   http://www.sfgate.com/conferences/
Author:   Edward Epstein, Chronicle Staff Writer
URL:   http://www.mapinc.org/drugnews/v99.n319.a05.html


(15) JUDGE DENIES ADVOCATE'S REQUEST TO SMOKE POT    (Top)

LOS ANGELES, March 9 Despite his pleas, medical marijuana advocate and AIDS patient Peter McWilliams won't be puffing pot while awaiting trial on drug charges.

A federal judge in Los Angeles denied McWilliams request to smoke Tuesday after he claimed that without the marijuana he cannot keep down the nauseating anti-viral prescription drugs he must take to stay alive.

[snip]

Pubdate:   Tue: 9 Mar 1999
Source:   MSNBC KNBC Los Angeles, CA
Contact:  
Website:   http://www.msnbc.com/local/KNBC/
Note:   The complete ruling and other related documents are online at
http://www.petertrial.com/
URL:   http://www.mapinc.org/drugnews/v99.n318.a07.html


(16) FEDERAL JUDGE LETS LAWSUIT ON MEDICAL MARIJUANA GO ON    (Top)

An Easton man whose wife smoked the drug before she died from AIDS, is a plaintiff in the case.

A class-action lawsuit challenging the federal government's refusal to legalize marijuana for medicine can move ahead, a federal judge has ruled.

U.S.  District Senior Judge Marvin Katz concluded that the plaintiffs have a right to delve more deeply into the fairness of a federal program that gives marijuana to some ill people but not others.

[snip]

Pubdate:   18 March 1999
Source:   Morning Call (PA)
Copyright:   1999 The Morning Call Inc.
Contact:  
Website:   http://www.mcall.com/
Author:   Elliot Grossman, of The Morning Call
URL:   http://www.mapinc.org/drugnews/v99.n317.a05.html
http://www.petertrial.com/
URL:   http://www.mapinc.org/drugnews/v99.n318.a07.html


International News


COMMENT: (17-20)    (Top)

There is an amazing sameness to overseas recent drug news: a heroin glut is engulfing Australia, the UK (and Ireland); Canada is in the throes of a battle over medical use of Cannabis, and Mexico is plumbing the depths (heights) of drug corruption.

Nothing changed last week.


(17) HEROIN USERS' STARTING-UP AGE PLUMMETS INTO TEENS    (Top)

A national report into illicit drug use has revealed a continued fall in the age of first-time heroin users - now on average just 17.5 years old - an alarming increase in multiple drug use among injecting drug users and a gradual increase in heroin purity.

The report warned that despite 300kilograms of heroin being seized in 1997-98, the seizures had no real impact on the drug's availability.

[snip]

Pubdate:   Fri, 19 Mar 1999
Source:   Age, The (Australia)
Copyright:   1999 David Syme & Co Ltd
Contact:  
Website:   http://www.theage.com.au/
Author:   Darren Gray
URL:   http://www.mapinc.org/drugnews/v99.n313.a06.html


(18) ANTI-DRUGS DRIVE FAILS TO STEM ABUSE    (Top)

The drive against drug abuse in Britain is proving ineffective with many initiatives overloaded or never even evaluated despite being in place for years, according to unpublished results from the first ever national audit carried out for the drugs tsar.

[snip]

Pubdate:   22 Mar 1999
Source:   Guardian, The (UK)
Copyright:   Guardian Media Group 1999
Contact:  
Website:   http://www.guardian.co.uk/
Author:   Alan Travis, Home Affairs Editor
URL:   http://www.mapinc.org/drugnews/v99.n328.a11.html


(19) RCMP DRUG RAID WAS DOPEY    (Top)

The sight of AIDS victim Jean-Charles Pariseau crying as he watched RCMP officers smash marijuana-growing equipment outside a Vanier home this week brought the issue of medical marijuana home with a thud.  For people like Mr.  Pariseau, whose weight dropped to nearly 70 pounds before he began using marijuana to stimulate his appetite and help him gain pounds, the issue is neither political nor ethical.  It is simply necessary.

[snip]

Pubdate:   Friday 19 March 1999
Source:   Ottawa Citizen (Canada)
Copyright:   1999 The Ottawa Citizen
Contact:  
Website:   http://www.ottawacitizen.com/
URL:   http://www.mapinc.org/drugnews/v99.n317.a02.html


(20) TOP MEXICAN OFF-LIMITS TO U.S. DRUG AGENTS    (Top)

WASHINGTON - Early last year, as undercover U.S.  Customs agents neared the end of the biggest investigation ever conducted into the illegal movement of drug money, bankers working with Mexico's most powerful cocaine cartel approached them with a stunning offer.

[snip]

Pubdate:   Mar 16, 1999
Source:   New York Times (NY)
Copyright:   1999 The New York Times Company
Contact:  
Website:   http://www.nytimes.com/
Forum:   http://forums.nytimes.com/comment/
Author:   Tim Golden
URL:   http://www.mapinc.org/drugnews/v99.n301.a06.html


HOT OFF THE 'NET    (Top)

New CSDP web page

Common Sense for Drug Policy and DrugSense have collaborated to create a CSDP web page.  It is well worth a visit. It includes the full text of the powerful "Effective National Drug Control Strategy" that has been created by Kevin Zeese and many other NRG members.  It also includes the "Drug War Facts" collection and many other research and informational tools.  Take a look:

http://www.csdp.org/


- Dave Fratello reports:

Now, at last, the IOM has a browsable, but not scanned, version of the entire MMJ report online.  Go here:

http://www.nap.edu/readingroom/

and click on the report cover on the front page; this leads you to a special medmj page with access to an html or pdf of the exec.  summary, and an "image version" of the entire report accessible by page #.  With this last one you can read the report page by page, somewhat awkwardly, but it's all there.

Ordering printed and bound pre-publication copies costs $44 or so.


QUOTE OF THE WEEK    (Top)

"Enlighten the people generally, and tyranny and oppressions of body and mind will vanish like evil spirits at the dawn of day." - Thomas Jefferson


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