| May 28, 1999 #99 | ||||||||||||||||||||||
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Table of Contents
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FEATURE ARTICLE (Top) | ||||||||||||||||||||||
"How to Legalize Drugs" - A New Book by Jefferson M. Fish, Ph.D. | ||||||||||||||||||||||
Trying to Start a Debate Over Drug Policy Alternatives. | ||||||||||||||||||||||
Like so many others who are convinced that drug prohibition has been a disaster like alcohol prohibition earlier in the century I wanted to do something to help. It seemed to me that what we needed most of all was a debate over alternatives, so that when we finally change course, we will do so thoughtfully. Unfortunately, in the current climate of intolerance symbolized by the slogan "zero tolerance" anyone who tries to discuss the topic is dismissed by the epithet "soft on drugs." | ||||||||||||||||||||||
So this is what I did. I assembled a group of thirty leading experts
from a dozen different disciplines, and across the political spectrum,
to create the debate between the covers of one book. (These are heavy
hitters from the vice president for foreign policy of the conservative
Cato Institute to an advisor to the Rev. Jesse Jackson who is a member
of the Board of Directors of the American Civil Liberties Union. They
include a Federal District Court Judge and professors from Harvard,
Yale, and other leading universities.) | ||||||||||||||||||||||
The book contains a wide range of alternative proposals: nine different
approaches to decriminalization and legalization, from the most limited
to the most sweeping, including a variety of public health/harm reduction
strategies and a variety of civil rights/libertarian strategies. It
also includes all kinds of relevant background information, from drug
education to foreign policy to the effects of the War on Drugs on
minorities, to an examination of Holland's approach to the issue. And
although the book is crammed full of information, it is written for a
general audience. | ||||||||||||||||||||||
I gave the book a controversial title "How to Legalize Drugs," and it was endorsed on publication last fall by former U. S. Surgeon General Joycelyn Elders and former police chief Joseph McNamara. | ||||||||||||||||||||||
So what happened? Thus far, virtually nothing. Apparently thinking
about other options let alone using the "L word" is too upsetting to
discuss in polite company. As one of the chapter authors said when I
asked about his sense of the debate over drug policy alternatives,
"What debate?" | ||||||||||||||||||||||
"How to Legalize Drugs" is a major resource pointing the way to a
variety of possibilities for real change. So far I've been unable to
figure out a way to get its message out and start the debate. I'm
Internet naïve, but this article is an electronic attempt to foster the
debate over drug policy alternatives. Perhaps someone who reads this
will try to further the debate as well. | ||||||||||||||||||||||
Jefferson M. Fish, Ph.D. is Professor and former Chair of the Department of Psychology of St. John's University in New York City. He is the editor of "How to Legalize Drugs" (Jason Aronson, Inc., Publishers, 700 pages, $70.00 30% discount available from http://www.Amazon.com/ and http://www.Barnesandnoble.com/ | ||||||||||||||||||||||
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WEEKLY NEWS IN REVIEW (Top) | ||||||||||||||||||||||
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Domestic News- Policy COMMENT: (1) (Top) | ||||||||||||||||||||||
The drug war continued to receive poor press, but aside from
influencing public opinion, reform could point to few solid
accomplishments. In violation of its usual policy to limit coverage to
published news and opinion pieces, MAP archived a press release from
Zogby for the cogent reason that its latest New York poll indicated
(for the first time) significant softening in the public's attitude
toward punishment of drug offences. | ||||||||||||||||||||||
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(1) THE ZOGBY NEW YORK POLL (Top) | ||||||||||||||||||||||
Voters would support legislators who favor reduced drug sentencing; such legislators not labeled "soft on drugs," Zogby poll shows | ||||||||||||||||||||||
State legislators could generate votes by supporting reductions in sentencing for illegal drug offenders, a Zogby New York survey reveals. | ||||||||||||||||||||||
A survey of 700 likely voters throughout New York State shows that a majority (50.7%) said they would be more likely to vote for state legislators who favor reducing some sentences and giving judges greater discretion to decide appropriate penalties for drug offenders. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
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COMMENT: (2) (Top) | ||||||||||||||||||||||
A relatively rare press assessment of the reform movement was published in the Hartford Advocate. Journalist Ken Krayeske, although friendly to reform, took the movement to task for its lack of cohesion. | ||||||||||||||||||||||
(2) POT POLITICS (Top) | ||||||||||||||||||||||
Or "Dude, Where's The Grassroots Party At?" | ||||||||||||||||||||||
Will Disjointed Drug Reformers Burn Themselves Out? | ||||||||||||||||||||||
The hundreds of groups that form the drug policy reform movement
nationwide seem to have taken their political cues from Monty Python's
Life of Brian. While the organized resistance to America's official
war on drugs is not a comedy set in Christ's Jerusalem, a look inside
the movement reveals reformers doing exactly what makes Life of Brian
so hilarious: adopting acronyms, holding meetings, bickering over
trivialities and espousing conflicting political stances while the
enemy runs roughshod. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
...Across the U.S., there are more than 400 drug policy reform | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
If strength in numbers were all it takes, the battle against
questionable drug policy might have had a larger policy impact by now.
But toppling the governmental Goliath has proved no easy feat for this
band of stoners, suits and grassroots activists. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
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COMMENT: (3) (Top) | ||||||||||||||||||||||
Rolling Stone published Mike Gray's solid investigative piece on the Plano heroin overdose deaths showing how the typical doctrinal blindness of the drug war combined with community hypersensitivity to bad publicity to turn an unfortunate situation into avoidable tragedy: | ||||||||||||||||||||||
(3) TEXAS HEROIN MASSACRE (Top) | ||||||||||||||||||||||
IN 1996, DR. LARRY ALEXANDER, an earnest young medic with sandy hair
and a stylish goatee, came back to Plano, Texas,...a wealthy corporate
nesting round north of Dallas - good schools, big houses, smoked-glass
business parks and a hundred lighted ball fields - and statistically,
the safest city in Texas. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
Plano was about to pay a terrible price for its splendid isolation, and
one of the first to spot the impending danger was Larry Alexander... In
the fall of 1996,friends at Parkland Health and Hospital in
Dallas...were telling him that heroin was back in style. His first
reaction was that this was a Dallas problem... Then on New Year's Day
1997, he found himself looking at the body of Adam Wade Goforth, a
nineteen-year-old Marine who had come home for the holidays only to die
of a heroin overdose. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
With the March 30th death of twenty-one-year-old David Allen of
Bedford, the body count for the northern suburbs of Dallas and Fort
Worth rose to at least thirty-four. In Plano proper, the scene is less
frantic, because kids don't bring overdose victims to the hospital
there anymore. They know better. As Larry Alexander points out, the
overdose rate is rising in the surrounding suburbs. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
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COMMENT: (4) (Top) | ||||||||||||||||||||||
Amazingly, right after an ex-Dallas Cowboy became the thirty-fifth
Plano death, the Houston Chronicle was still able to print this
pious wish for "zero tolerance" in local schools: | ||||||||||||||||||||||
(4) 'DON'T DO DRUGS' (Top) | ||||||||||||||||||||||
Program Delivers Message To Youths | ||||||||||||||||||||||
Illegal drugs sell at every street corner, convenient store parking lot
and school, said David Culbertson, former drug user. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
To combat the invasion, noted Houston advertising executive Earl
Littman introduced the Drugs Kill program in Fort Bend Independent
School District elementary schools in May. The campaign aims to keep
children drug-free from first grade through high school (and
afterwards) with incentives. | ||||||||||||||||||||||
"Today, 50 percent of high school students have tried some type of
illegal substance, but we hope this campaign creates the first
drug-free class of 2010," said Littman. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
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COMMENT: (5) (Top) | ||||||||||||||||||||||
In parallel with the increased number of drug arrests nationwide, an
increased number of college students were arrested for drug and
alcohol infractions, despite a big drop in crime (if arrests have a
deterrent effect on drug use, it hasn't been noticeable- it's been
rising too). | ||||||||||||||||||||||
(5) COLLEGE DRUG ARRESTS UP FOR 6TH YEAR (Top) | ||||||||||||||||||||||
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Washington - Drug arrests rose by 7.2 percent and alcohol-related
arrests by more than 3.6 percent on college campuses in 1997, the sixth
consecutive year of increases, according to a survey being released
Monday by The Chronicle of Higher Education, a national newspaper that
covers education and academic life. | ||||||||||||||||||||||
In 1996, alcohol-related arrests increased by 10 percent and drug arrests by 5 percent. As in past years, college law-enforcement officials and administrators attributed the rise to aggressive enforcement policies rather than to more use of drugs and alcohol. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
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COMMENT: (6) (Top) | ||||||||||||||||||||||
DEA chief Constantine, who has increasingly been seen as an odd man
out because of his criticism of Mexico's enforcement practices,
created a mild stir by resigning; maybe he's hoping to have the new
Museum named after him. | ||||||||||||||||||||||
(6) D.E.A. CHIEF ANNOUNCES HIS RESIGNATION (Top) | ||||||||||||||||||||||
After 39 years in law enforcement, Thomas Constantine abruptly announced Monday that he would step down as the administrator of the Drug Enforcement Administration, which he has headed since March 1994. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
"It is totally and completely a personal decision," he said, but then
hinted at a sense of isolation in Washington. "I probably could have
stuck around to the end of this administration," he said, "but it would
be disingenuous." | ||||||||||||||||||||||
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Law Enforcement & Prisons | ||||||||||||||||||||||
COMMENT: (7) (Top) | ||||||||||||||||||||||
Despite growing media acknowledgment that our courts, law enforcement
agencies, and prisons have been corrupted by the drug war, last week's
news indicated no change in the death grip on power held by those
institutions. | ||||||||||||||||||||||
Atlantic Monthly, which, in December, had published Eric Schlosser's
expose of our huge prison industrial complex, ran Sasha Abramsky's
analysis of its implications in the June issue. Look for another flurry
of op-eds similar to the ones inspired by Schlosser. | ||||||||||||||||||||||
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(7) WHEN THEY GET OUT (Top) | ||||||||||||||||||||||
POPULAR perceptions about crime have blurred the boundaries between
fact and politically expedient myth. The myth is that the United States
is besieged on a scale never before encountered, by a pathologically
criminal underclass. The fact is that we're not. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
Nevertheless, horror stories have led to calls for longer prison
sentences, for the abolition of parole, and for the increasingly
punitive treatment of prisoners. The politics of opinion-poll populism
has encouraged elected and corrections officials to build isolation
units, put more prisons on "lockdown" status... and generally make life
inside as miserable as possible. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
Without making contingency plans for it-without even realizing it-we
are creating a disaster that instead of dissipating over time will
accumulate with the years. | ||||||||||||||||||||||
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COMMENT: (8) (Top) | ||||||||||||||||||||||
Although the implications of the size and rapid growth of our prisons
are very disturbing to some, they don't bother everybody. Among those
who couldn't understand the fuss was an anonymous editorial writer at
the Wall street Journal: | ||||||||||||||||||||||
(8) THE ROCKEFELLER DRUG LAWS (Top) | ||||||||||||||||||||||
No one knows for sure why violent crime has fallen so dramatically nationwide. Whatever we're doing, it's working. We're not complaining, but it would be good to know just what it is we're getting right. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
We suppose it's inevitable that too much of a good thing is too much
for some politicians to bear. Why sit still when you can tinker with
success? But it's hard to understand why, in New York state, liberals
and conservatives alike have been calling for drastic revisions to what
are known as the Rockefeller drug laws. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
And so it looks like the Rockefeller drug laws are going to be with New
Yorkers a while longer. If that means more addicts are going to be
forced into treatment, maybe that's not such a bad thing. Just look at
the crime numbers. | ||||||||||||||||||||||
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COMMENT: (9) (Top) | ||||||||||||||||||||||
Not since the OJ Simpson trial has such attention been paid to the obvious bias of law enforcement toward people of color, especially when enforcing drug laws. This post-OJ media scrutiny tends to be more balanced and rational; a good example appeared in the Washington Post: | ||||||||||||||||||||||
(9) THE RACIAL ISSUE LOOMING IN THE REAR-VIEW MIRROR (Top) | ||||||||||||||||||||||
Activists Seek Data On Police 'Profiling' | ||||||||||||||||||||||
Kevin Murray is 39, a successful Los Angeles lawyer who drives a black
Corvette. One night last June, Murray was stopped by police in affluent
Beverly Hills. | ||||||||||||||||||||||
Later, the officer would claim she had stopped him because his car
lacked a front license tag. But Murray ... concluded that he was
stopped only because he is black. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
Meanwhile, many leaders of police organizations wonder what all the
fuss is about. Many deny that racial profiling is a widespread police
practice and maintain that when it has occurred it has been an
exception. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
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COMMENT: (10-11) (Top) | ||||||||||||||||||||||
Two unfair law enforcement practices- reliance on snitches, and police seizure of property- were stubbornly upheld by a Federal Judiciary despite their intrinsic unfairness and rising press hostility. | ||||||||||||||||||||||
One wonders how Justice Thomas can remain committed to the "original
intent" of the founders considering what that intent had been in the
case of his ancestors | ||||||||||||||||||||||
(10) OPED: SNITCH CULTURE (Top) | ||||||||||||||||||||||
Again and again, the same situation occurs. | ||||||||||||||||||||||
In 1974 a jury convicted Joseph Green Brown for murder, rape and
robbery. Testifying against Brown was Ronald Floyd. Several months
after the trial, Floyd admitted he had lied at trial. He said he had
testified to avoid prosecution for the murder and to receive a lighter
sentence on another crime. Brown spent 13 years on death row before
being released. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
Federal prosecutors have an overwhelming conviction rate in such cases,
prompting Nora Callahan, an advocate for drug war prisoners, to note
that "there are thousands of people sitting in prison because of bought
testimony alone, with no other evidence against them... | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
In January, the full Tenth Circuit Court of Appeals overturned the
panel's decision...The panel's ruling, it said, was "patently absurd."
For now, prosecutors are free to go after the big fish, the little fish
and also the innocent. | ||||||||||||||||||||||
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(11) OF MERCHANT SHIPS AND CRACK-SELLERS' CARS (Top) | ||||||||||||||||||||||
How is an automobile seized in the 1990s similar to a British merchant
ship in the 1790s? | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
"In deciding whether a challenged governmental action violates the {Fourth} Amendment, we have taken care to inquire whether the action was regarded as an unlawful search and seizure when the Amendment was framed..." wrote Justice Clarence Thomas in the majority opinion. | ||||||||||||||||||||||
Such inquiries into the intent and apparent wishes of the nation's
founding fathers are common among conservative members of the high
court. This so-called jurisprudence of original intent is aimed ....
(at) restoring the nation to what conservatives view as the proper
balance of constitutional safeguards. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
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Cannabis and Hemp | ||||||||||||||||||||||
COMMENT: (12-13) (Top) | ||||||||||||||||||||||
The big news of the week was the decision announced by ONDCP that Cannabis from the government's Mississippi marijuana farm would be made available to medical researchers with non-government funded protocols. Just how this will work in practice remains to be seen; past federal performance is ample reason for skepticism. | ||||||||||||||||||||||
More good news was forthcoming in the quietly unspectacular arena of
hemp agriculture, where last year's decision to allow Canadian farmers
to grow hemp seems to have swept away the DEA's arguments against
similar legislation in the US. | ||||||||||||||||||||||
(12) US EASES CURB ON MEDICAL MARIJUANA RESEARCH (Top) | ||||||||||||||||||||||
WASHINGTON -- Despite intense interest in the medical benefits of
marijuana, few scientists are studying it, because the government has
always required that such work be paid for by scarce grant money from
the National Institutes of Health. | ||||||||||||||||||||||
That changed Friday when the Clinton administration eased the
requirement, announcing that it would sell government-grown marijuana
to privately-funded scientists. | ||||||||||||||||||||||
The decision was issued as a regulation by the National Institute on
Drug Abuse and is supported by General Barry McCaffrey, who as director
of the Office of National Drug Control Policy has been the
administration's most ardent opponent of the legalization of medical
marijuana. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
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(13) HEMP CAMPAIGN GAINS MOMENTUM (Top) | ||||||||||||||||||||||
Slowly, the campaign to allow U.S. farmers to grow industrial hemp
again is making progress. North Dakota became the first state to pass
and enact such authorization. Gov. Ed Schafer signed the measure April
19. Virginia and Hawaii also have passed similar legislation and bills | ||||||||||||||||||||||
In Wisconsin, the state Assembly's Agriculture Committee has held its
first meeting on the proposal. That hearing was held primarily to let
legislators hear the arguments on the issue. Law enforcement agencies
in the state are opposing the idea because of hemp's identification
with marijuana. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
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COMMENT: (14) (Top) | ||||||||||||||||||||||
It was a different story in court, where another Californian will be
sentenced to prison for daring to use therapeutic Cannabis. What's
unique in B.E.Smith's case is that it was brought by a federal
prosecutor for cultivation of 87 plants and (of course) no medical
necessity defense was permitted. The trial featured an angry exchange
between Judge Garland Burell, of Unabomber fame, and Woody Harrelson
who appeared as a character witness. | ||||||||||||||||||||||
(14) GUILTY VERDICT IN HIGH-PROFILE POT CASE (Top) | ||||||||||||||||||||||
SACRAMENTO, - A federal jury in Sacramento has handed down a guilty verdict in a case that could set a precedent for how federal judges handle a California law allowing the medical use of marijuana. | ||||||||||||||||||||||
The jury today convicted 52-year-old B.E. Smith of Trinity County on
drug charges for a 1997 arrest in which police seized an 87-plant
marijuana garden, which Smith claimed he used by prescription for
treatment of alcohol abuse. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
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International News | ||||||||||||||||||||||
COMMENT: (15-16) (Top) | ||||||||||||||||||||||
The gradually toughening approach to drug enforcement in Britain was
signalled by Home Secretary Jack Straw's flip-flop on the issue of
jury trials for drug offenses; that the cognitive dissonance between
students, teachers and parents in British schools is little different
than in the US is easily read from between the lines of the next
article. | ||||||||||||||||||||||
(15) UK: THOUSANDS WILL LOSE THE RIGHT TO TRIAL BY JURY (Top) | ||||||||||||||||||||||
More than 18,500 defendants a year are to be stripped of their time-honoured right to a jury trial, the home secretary will announce today. The decision to end the right to elect trial by crown court jury represents a further blow to Britain's ancient jury system in the wake of plans to abolish jury trials for complex fraud cases. | ||||||||||||||||||||||
Jack Straw, who in opposition said the reform was 'wrong, short-sighted
and likely to prove ineffective', has now swung behind the move. It
comes after pressure from the lord chancellor, Lord Irvine, who sees it
as a measure which could save millions of pounds. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
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(16) ETON CLAIMS SUCCESS IN DRUGS CRACKDOWN (Top) | ||||||||||||||||||||||
Eton's tough line on drug use, which has resulted in seven expulsions
in four years, has succeeded in minimizing drug-taking at the school,
its headmaster claimed yesterday. | ||||||||||||||||||||||
A 15-year-old pupil was expelled this week after undercover police
caught him trying to buy UKP250 of cannabis in London. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
Mr Lewis said: "At any time, there are likely to be some boys who are
determined to beat the rules of the school and the laws of the land,
and there is a reasonable chance they may get away with it. We don't
spend all our waking hours thinking about drugs, but we do take it
seriously." Drugs offences accounted for all the school's expulsions in
his first four years in office, he said. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
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COMMENT: (17) (Top) | ||||||||||||||||||||||
A drug policy summit in New South Wales probably resulted in a net gain
for harm reduction, but did little to convince hard line
prohibitionists and, presumably, PM John Howard. As ever, injecting
rooms, heroin trials, and downgrading of Cannabis enforcement were the
key issues. | ||||||||||||||||||||||
(17) AUSTRALIA: BATTLE LINES DRAWN AS SUMMIT DEEPENS (Top) | ||||||||||||||||||||||
The head of Prime Minister John Howard's drugs advisory council came
under fire yesterday as battle lines emerged between conservatives and
reformers at the NSW drug summit. | ||||||||||||||||||||||
The Salvation Army's Major Brian Watters maintained his opposition to any relaxation of drug laws, saying allowing shooting galleries would lead to the legalisation of heroin, cocaine and amphetamines. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
Professor Peter Reuter of Maryland University said there was no
scientific evidence to show that US-style zero tolerance policies would
curb the drug problem. | ||||||||||||||||||||||
``Beware of Americans bearing certainties,'' he said. | ||||||||||||||||||||||
[snip] | ||||||||||||||||||||||
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HOT OFF THE 'NET (Top) | ||||||||||||||||||||||
G.W. Bush Drug War Parody Site | ||||||||||||||||||||||
There's a "Drug Wars" section on http://www.gwbush.com/ that is hilarious because it is so truthful. The Bush campaign is trying to shut this guy down by making him register as a political action committee. See that story at http://www.techweb.com/wire/story/TWB19990520S0025 | ||||||||||||||||||||||
Editors note: This site seems to be humour and parody oriented. All articles at this site should be considered in that vein. | ||||||||||||||||||||||
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FACT Of THE WEEK (Top) | ||||||||||||||||||||||
Federal forfeitures totaled approximately $730 million in 1994. | ||||||||||||||||||||||
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QUOTE OF THE WEEK (Top) | ||||||||||||||||||||||
"As former attorney general of Canada, I am keenly aware of the right against self-incrimination in this country. I fully intend to invoke that right. But one thing I can be very clear about: I never smoked marijuana for medicinal purposes." - Allan Rock, Canadian Minister of Health | ||||||||||||||||||||||
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See http://www.mapinc.org/hawk.htm for info on contributing clippings. | ||||||||||||||||||||||
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NOW YOU CAN DONATE TO DRUGSENSE ONLINE AND IT'S TAX DEDUCTIBLE | ||||||||||||||||||||||
DrugSense provides many services to at no charge BUT THEY ARE NOT FREE
TO PRODUCE. | ||||||||||||||||||||||
We incur many costs in creating our many and varied services. If you are able to help by contributing to the DrugSense effort visit our convenient donation web site at http://www.drugsense.org/donate.htm | ||||||||||||||||||||||
-OR- | ||||||||||||||||||||||
Mail in your contribution. Make checks payable to MAP Inc. send your
contribution to: | ||||||||||||||||||||||
The Media Awareness Project (MAP) Inc. |