| Jan. 2, 2004 #331 | ||||||||||||||||||||
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Table of Contents
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THIS JUST IN (Top) | ||||||||||||||||||||
(1) CHIEF JUSTICE ATTACKS A LAW AS INFRINGING ON JUDGES (Top) | ||||||||||||||||||||
WASHINGTON, Dec. 31 -- Chief Justice William H. Rehnquist criticized Congress in unusually pointed terms on Wednesday for a recent law that places federal judges under special scrutiny for sentences that fall short of those called for by the federal sentencing guidelines. | ||||||||||||||||||||
The legislation, enacted last spring as a little-noticed amendment
to the popular Amber Alert child protection measure, "could appear
to be an unwarranted and ill-considered effort to intimidate
individual judges in the performance of their judicial duties," the
chief justice said in his annual year-end report on the federal
judiciary. | ||||||||||||||||||||
"It seems that the traditional interchange between the Congress and
the judiciary broke down" when the amendment passed without any
formal evaluation from the judiciary, he added. | ||||||||||||||||||||
At its most recent meeting, in September, the Judicial Conference of
the United States, a group of 27 judges who make policy for the
federal courts, voted unanimously to ask Congress to repeal the
amendment. Congress has not acted on the request from the
conference, which the chief justice heads, and the prospect that
it will do so appears slight. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(2) PUNISHMENT SOUGHT IN MEDICAL-POT CASE (Top) | ||||||||||||||||||||
STEAMBOAT SPRINGS - A Hayden man whose supply of medical marijuana was
seized in an October raid by a local-federal drug task force has asked
a judge to find the officers in contempt for failing to return the
drug. | ||||||||||||||||||||
Don Nord, 57, who is registered with the state medical marijuana
program, had obtained an order from a Routt County judge earlier this
month calling for the federal Drug Enforcement Administration to return
2 ounces of marijuana to him. | ||||||||||||||||||||
After the agency missed the deadline Monday, Nord and his attorney Kristopher Hammond filed a request with Routt County Judge James Garrecht seeking contempt-of-court citations against the officers. | ||||||||||||||||||||
"We waited up all night (Monday), just like waiting for Santa Claus to show up," Hammond said. "Instead of Santa Claus, we got the Grinch." | ||||||||||||||||||||
If cited for contempt, the officers could be fined, forced to pay legal
fees or jailed, Hammond said. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(3) SB-420 ON HOLD (Top) | ||||||||||||||||||||
A dubious accomplishment of the medical marijuana "movement" in 2003
was the passage of Senate Bill 420, which was championed by State Sen.
John Vasconcellos, signed by Gray Davis, and due to take effect Jan. 1
2004. It would allow qualified medical marijuana users to obtain | ||||||||||||||||||||
"Movement" supporters of SB-420 argued that the protections it would provide in repressive counties outweigh any problems it might cause. And to minimize the potential probs, the Drug Policy Alliance organized an "SB-420 Implementation Group" to advise Attorney General Bill Lockyer (who may not be receptive) and to draft what they call a "clean-up bill." The Marijuana Policy Project, Americans for Safe Access, and California NORML are all involved in this endeavor. | ||||||||||||||||||||
But SB-420 will not become law as scheduled. The Dept. Health Services announced Dec. 24 that it lacks the $470,000 needed to launch the registration-card program. Vasco expressed outrage (and asked Gov. Schwarzenegger to get the thing off the schneid) while many rank-and-file cannabis providers and consumers expressed relief. | ||||||||||||||||||||
Dennis Peron has consistently denounced efforts by Lockyer,
Vasconcellos and others to amend the medical marijuana initiative as
passed by the voters. "Anybody who registers with the cops is crazy,"
he says bluntly. "We established a right, not a privilege that can be
revoked when they want to revoke it." | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(4) STRIP-SEARCH RULED ILLEGAL IN DRUG ARREST (Top) | ||||||||||||||||||||
ANNAPOLIS (AP) -- The Court of Special Appeals has reversed the drug conviction of Chris Nieves, ruling that police obtained evidence during an unconstitutional strip-search of the Washington County man. | ||||||||||||||||||||
Mr. Nieves had been sentenced to 10 years in prison after bags of crack
cocaine were found in his rectum. | ||||||||||||||||||||
A unanimous ruling last week by a three-judge panel said any search is
an invasion of an individual's privacy, "but a strip search procedure
flies in the face of individual privacy rights. Strip searches,
moreover, particularly intrude upon the individual's sanctity of his
own body." | ||||||||||||||||||||
Comparing strip-searches to "a pebble in the shoe of the judiciary,"
the opinion by Judge Raymond Thieme said courts everywhere have
struggled with the issue of what justifies the "extreme intrusiveness"
of a strip-search. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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WEEKLY NEWS IN REVIEW (Top) | ||||||||||||||||||||
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Domestic News- Policy | ||||||||||||||||||||
COMMENT: (5-9) (Top) | ||||||||||||||||||||
The new year apparently won't stop the federal government from expanding its reach in the drug war. An end of the year announcement from the Bush administration indicated that the ephedra, a stimulant used as a weight loss supplement, will be prohibited in 2004. | ||||||||||||||||||||
But, perhaps some courts and citizens will stand up against drug war
insanity more vigorously this year. Some encouraging signs came at
the at the tail of 2003. The Kentucky Supreme Court ruled against
general road blocks that found drugs on a suspect. Doctors who treat
pain patients are taking a stand against federal prosecutions of
legitimate colleagues, and they are making their case in high
profile forums like the Washington Post. A parent in Texas pulled
her daughter from a school district after the girl was physically
searched for drugs by a school administrator (as usual, no drugs
were found). And a former state employee is suing Florida after the
state demanded he take a drug test. The employee rightly said there
was no cause for a drug test and that such testing violates his
constitutional rights. Here's hoping the new year will bring more
common sense resistance. | ||||||||||||||||||||
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(5) U.S. WILL BAN EPHEDRA EARLY NEXT YEAR (Top) | ||||||||||||||||||||
Herbal Stimulant 'Too Risky To Use' | ||||||||||||||||||||
The Bush administration is banning the sale of ephedra early next
year, and urged consumers Tuesday to immediately stop using the
herbal stimulant that was linked to 155 deaths and dozens of heart
attacks and strokes. | ||||||||||||||||||||
It was the government's first-ever ban on a dietary supplement, one that comes eight years after the U.S. Food and Drug Administration first began receiving reports that ephedra could be dangerous. | ||||||||||||||||||||
"The time to stop taking these products is now," Health and Human
Services Secretary Tommy Thompson said. "They are simply too risky
to be used." | ||||||||||||||||||||
But Tom Sokoloff, president of Paradise Health and Nutrition, with
locations in Suntree and Palm Bay, disagreed, saying ephedra was
used in Chinese medicine for more than 2,000 years, and, "when used
appropriately, it's safe." | ||||||||||||||||||||
The problem arises when consumers, anxious to lose weight quickly,
think "six pills may work better than three," he said. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(6) GENERAL ROADBLOCK VIOLATED FOURTH AMENDMENT RIGHTS (Top) | ||||||||||||||||||||
FRANKFORT - A roadblock set up by Butler County sheriff's officers
looking for drugs or other crime was unconstitutional because its
search parameters were too general, the Kentucky Supreme Court ruled
yesterday. | ||||||||||||||||||||
The 4-3 decision upheld a lower court ruling that evidence collected during the 1999 roadblock should be suppressed. The case involved David Buchanon, who was arrested on drug and alcohol charges. | ||||||||||||||||||||
Buchanon pleaded guilty, then asked to have the evidence suppressed
on grounds his Fourth Amendment protection against unreasonable
search and seizure had been violated. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(7) WORRIED PAIN DOCTORS DECRY PROSECUTIONS (Top) | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
Adding to their concern, the official rhetoric has escalated to the
point that federal and state prosecutors often accuse arrested
doctors of being no different than drug kingpins or crack dealers.
After the indictment in September of McLean pain specialist William
E. Hurwitz, a prominent and controversial doctor accused of running
his practice as a criminal enterprise and prescribing OxyContin
illegally, Attorney General John D. Ashcroft said the arrest showed
"our commitment to bring to justice all those who traffic in this
very dangerous drug." | ||||||||||||||||||||
Some pain doctors are organizing to push back, and in recent months
a loose national movement has been formed to contest what some call
the "war" being waged against pain doctors, pharmacists and
suffering patients. A new group called the Pain Relief Network is
organizing a march on Washington in April to protest the
prosecutions and has hired an attorney to develop a legal strategy
for appealing some of the convictions. | ||||||||||||||||||||
"Fifteen years of progress in treating patients in chronic pain
could really be wiped away if these prosecutions continue," said
Russell K. Portenoy, a pain specialist at Beth Israel Medical Center
in New York who is considered one of the fathers of modern pain
management. Since the mid-1980s, Portenoy has been advocating the
use of morphine-based drugs to address what he considers to be the
widespread, unnecessary and even cruel undertreatment of chronic
pain. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(8) PARENT UPSET OVER UNDERCOVER DRUG SWEEP (Top) | ||||||||||||||||||||
Informant Used; Lawsuit, Picket Planned Friday | ||||||||||||||||||||
WAXAHACHIE - A drug "sweep" by an undercover informant and assistant
principal at Waxahachie Junior High School Wednesday, Dec. 11 has
Linda Gallegos fuming. | ||||||||||||||||||||
Waxahachie Independent School District officials said 12 students in all were searched for drugs, including Gallegos' daughter, at the school, which is located north of Highway 287 on Brown Street. | ||||||||||||||||||||
"Administrators and WISD security checked 12 students according to state law and in accordance with confidentiality guidelines," said Candace Ahlfinger, the district's public relations director. | ||||||||||||||||||||
"No drugs were found and the students were returned to | ||||||||||||||||||||
"Waxahachie ISD investigates all rumors and threats for the safety
of students and staff." | ||||||||||||||||||||
Gallegos said her daughter, who just turned 14, had said an assistant principal reached up her shirt to look for the drugs. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(9) FIRED STATE WORKER SUES OVER RANDOM DRUG TESTS (Top) | ||||||||||||||||||||
He Claims The Policy Is Unconstitutional | ||||||||||||||||||||
TALLAHASSEE (AP) -- A 17-year state government employee is suing the
Department of Juvenile Justice, alleging its 1 1/2-year-old policy
of randomly testing any employee for drugs without a warrant
violates the U.S Constitution. | ||||||||||||||||||||
Roderick Wenzel, who worked as a manager at the department's Tallahassee headquarters for four years after 13 years in other state government jobs, sued the agency Wednesday in U.S. District Court in Tallahassee seeking unspecified monetary damages. | ||||||||||||||||||||
Wenzel was fired as manager of long-range performance planning in
September, a little more than a year after the department became the
only state agency to begin random drug testing. The policy was
announced to employees in August 2001, but testing didn't begin
until April 2002, spokeswoman Catherine Arnold said. | ||||||||||||||||||||
Attorneys for Wenzel and the American Civil Liberties Union, which
is pushing the case, say the requirement for random testing without
suspicion of drug use violates the Fourth Amendment protection from
unreasonable search and seizure when the employer requiring the
testing is a government agency. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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Law Enforcement & Prisons | ||||||||||||||||||||
COMMENT: (10-13) (Top) | ||||||||||||||||||||
More state officials are realizing their prisons are overcrowded.
When looking for reasons, the drug war always tops the list. New
California Governor Arnold Schwarzenegger is said to be looking at
dramatic changes in parole policies for non-violent drug offenders
in his state. | ||||||||||||||||||||
Of course, if all the corruption caused by the drug war was
uncovered and properly prosecuted, would that increase the prison
population? It's hard to say, but two recent stories remind us that
drug corruption is often overlooked and under-punished. In Florida,
a detective was brazen about stealing cash and other items related
to drug investigations, but supervisors repeatedly missed obvious
clues. And in Texas, it looks like a moderately low price paid will
be paid by confidential informants for helping to ruin lives in the
Dallas fake drug scandal. | ||||||||||||||||||||
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(10) DRUGS WAR FILLING VIRGINIA'S PRISONS (Top) | ||||||||||||||||||||
If battles are won by taking prisoners, the United States is
dominating the war being waged on drugs. | ||||||||||||||||||||
The number of drug offenders in federal prisons increased about
2,000 percent between 1970 and 2002. Drug arrests rose 66 percent in
Virginia between 1990 and 1997. And in Lynchburg, there were nearly
six times more drug arrests in 1999 than 1980. | ||||||||||||||||||||
But with incarceration costs soaring and a majority of drug offenders ending up back in prison soon after their release, some are questioning the tactics being used to address the problem. | ||||||||||||||||||||
"It's like a cancer," said Crystel Holbein, whose drug-addict son is
in federal prison for possessing methamphetamine. "It's not gonna go
away putting a Band-Aid on it." | ||||||||||||||||||||
According to the American Society of Addiction Medicine, 60 percent
of untreated drug offenders are re-arrested within a year of
regaining their freedom. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(11) MAJOR PAROLE MOVES ON THE TABLE (Top) | ||||||||||||||||||||
The governor's ideas, if enacted, would reduce the prison population
and save millions of dollars. | ||||||||||||||||||||
Convinced that California can no longer afford its $5.3 billion
prison and parole system, Gov. Arnold Schwarzenegger's | ||||||||||||||||||||
Some of the moves result from recent court settlements. Others are
efforts whose planning began under former Gov. Gray Davis and have
been speeded up by Schwarzenegger. | ||||||||||||||||||||
But taken together, the moves would mark a profound retrenching of
the state's correctional boom, fueled in recent years by tough new
sentencing laws and the growing political clout of the union
representing California prison correctional officers. | ||||||||||||||||||||
"Arnold has had us identify the nonviolent, nonthreatening inmates,"
said one high-ranking corrections official working on some of the
proposals. "We could probably cut the (prison) population by a
third, which would be a huge savings for taxpayers and give some of
these people a chance to be productive citizens again." | ||||||||||||||||||||
Administration sources said the ideas are driven by California's
fiscal problems and, if successful, could save the state hundreds of
millions of dollars a year. They say the ideas would not jeopardize
public safety because most of the targeted offenders are now locked
up for nonviolent, drug-related crimes. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(12) HOW A COP HID $560,000 IN THIS OFFICE (Top) | ||||||||||||||||||||
(And Why It Took Years For Police To Find It) | ||||||||||||||||||||
Self-motivated. Trustworthy. Needs little or no supervision. | ||||||||||||||||||||
That praise for a Jacksonville detective accused of stuffing nearly
$560,000 into two Sheriff's Office file cabinets came repeatedly
from supervisors who were supposed to know what he was up to. They
didn't. | ||||||||||||||||||||
They did so little to keep tabs on Detective Brian Murphy that they
once copied his performance evaluations from one year to another
without changing a word. | ||||||||||||||||||||
They did little firsthand oversight, working in separate buildings
from where Murphy and another officer sold vehicles and other
property seized in crimes. Police said Murphy, apparently fooling
even his partner, began hiding the money in his office in 1998
rather than depositing it with the tax collector. Investigators
don't know why. | ||||||||||||||||||||
Even when supervisors sought help, repeatedly requesting a
sergeant's slot so someone could work over Murphy's shoulder, they
were rejected because patrol jobs were a priority. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(13) FAKE-DRUG INFORMANTS MAY GET LENIENCE (Top) | ||||||||||||||||||||
Scheme Leaders Face Shorter Terms Under Plea Deals | ||||||||||||||||||||
They are the confessed masterminds - three men whose greed-fueled
deception fooled Dallas police and led to an embarrassing series of
false drug arrests two years ago. | ||||||||||||||||||||
Some hurt by the city's fake-drug scandal still fume over the acquittal of a narcotics detective involved in the cases, and the confidential informants who devised a scheme that made the arrests possible will probably be sentenced next month in federal court. | ||||||||||||||||||||
It's unclear how long the men, who've been locked away at a federal
prison in Seagoville since early 2002, will ultimately spend behind
bars. Each pleaded guilty to conspiring to violate civil rights, a
charge that carries a maximum sentence of 10 years in federal
prison. But according to their plea agreements, the informants face
substantially shorter prison terms at their sentencing hearings -
all of which are being scheduled for Jan. 22 before three separate
federal judges in Dallas. "These people, they ruined a lot of
lives," said Jesse Diaz, a local League of United Latin American
Citizens president, speaking of the informants. "I'm hoping that the
three judges consider that when they are passing down the
sentences." | ||||||||||||||||||||
The men, Enrique Martinez Alonso, Jose Ruiz Serrano and Reyes Roberto Rodriguez, were in the country illegally from Mexico when they became confidential police informants. Narcotics officers paid them more than $275,000 in 2001 to help catch drug dealers. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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Cannabis & Hemp- | ||||||||||||||||||||
COMMENT: (14-18) (Top) | ||||||||||||||||||||
The Canadian Supreme Court insisted on diminishing a number of
holiday celebrations around the country, as it ruled that
the Charter of Rights and Freedoms does not protect non-medical
cannabis users from criminal sanctions. However, incoming Prime
Minister Paul Martin said his party would move ahead with a plan to
decriminalize the personal possession of very small amounts of
cannabis, flawed as the plan may be. | ||||||||||||||||||||
Alaska may be headed for even better laws. A voter initiative that
would allow the personal use of marijuana will go forward this year,
even after this year's state supreme court decision which allowed
some personal use. | ||||||||||||||||||||
In the U.S., two more children of privilege ran afoul of marijuana
prohibition. Former Vice-President Al Gore's son was arrested, as
was the son of a state senator from Hawaii. Gore isn't saying
anything, but the Hawaiian senator is dealing with the issue by
promising to get even tougher on drugs. | ||||||||||||||||||||
And, a Canadian activist Lynn Harichy lost her battle with Multiple Sclerosis this week, but only after helping to break ground that brought medical marijuana reform to the nation. Rest in peace, Lynn. | ||||||||||||||||||||
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(14) IN CANADA'S MARIJUANA DEBATE, SUPREME COURT BACKS CRIMINAL (Top)PENALTIES | ||||||||||||||||||||
TORONTO, Dec. 23 - Canada's Supreme Court endorsed the enforcement
of criminal penalties for smoking marijuana on Tuesday, but left
open the possibility that Parliament could still decriminalize
casual use of the drug at a later time. | ||||||||||||||||||||
"There is no free-standing constitutional right to smoke pot for
recreational purposes," the court said in a 6-to-3 decision. The
ruling comes as Canada's new prime minister, Paul Martin, prepares
to reintroduce a bill by which people would not be jailed for
possession of small amounts of marijuana, while penalties for large
growers and traffickers would increase. | ||||||||||||||||||||
It is unclear when such a bill would be reintroduced after
Parliament convenes in February. "The law is the law until it is
changed," said Mario Lague, a spokesman for Martin. | ||||||||||||||||||||
In an interview on Monday, Martin said he supported a bill first
introduced in May by his predecessor, Jean Chretien. "We are simply
saying it doesn't make sense for a young person who is caught with a
small quantity to have a record for life," Martin said. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(15) ALASKANS TO VOTE ON POT LEGALIZATION IN '04 ELECTION (Top) | ||||||||||||||||||||
Registered voters will get a chance to decide next year whether to legalize private use of marijuana for Alaskans 21 and older. | ||||||||||||||||||||
Lt. Gov. Loren Leman notified initiative sponsors in late November
that the petition has the 28,782 signatures necessary to get the
question on the 2004 ballot. Sponsors must collect signatures equal
to 10 percent of those who voted in the most recent general
election. | ||||||||||||||||||||
Since the marijuana initiative was filed prior to the 2002 election,
it is based on 10 percent of the voters in the 2000 general
election. | ||||||||||||||||||||
"We have enough signatures," said initiative sponsor Linda Ronan of
Anchorage. "The problem is that it hasn't been certified. We don't
know what the holdup is." Annette Kreitzer, Leman's chief of staff,
said she expects the initiative to be certified within the next two
weeks. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(16) AL GORE KEEPS SILENT AFTER SON'S MARIJUANA ARREST (Top) | ||||||||||||||||||||
WASHINGTON -- Former vice president Al Gore and his wife, Tipper, maintained a public silence over the weekend about the arrest of their 21-year-old son on a charge of possessing marijuana. | ||||||||||||||||||||
Police in the Washington suburb of Bethesda, Md., arrested Albert
Gore III and two passengers Friday night after officers said that
they noticed someone driving a car without headlights about 11:30
p.m. | ||||||||||||||||||||
The Montgomery County police department said in a statement that
despite frigid temperatures, officers found that all of the windows
and the sunroof of the dark-colored Cadillac were open. Police said
the officers smelled marijuana and searched the car. They found a
marijuana cigarette under the front console and a baggie containing
suspected marijuana in a cardboard cigarette box under the front
passenger seat, police said. Police said officers smelled marijuana
coming from inside a crushed soft drink can. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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(17) SENATOR HOOSER'S SON ARRESTED FOR POSSESSION OF MARIJUANA (Top) | ||||||||||||||||||||
Dylan B. Hooser, 21, state Sen. Gary Hooser's son, was arrested
earlier this month for marijuana possession. | ||||||||||||||||||||
The arrest took place Thursday, Dec. 11 at 10:12 a.m., in the Ching
Young Village parking lot in Hanalei, according to Kaua'i Police
Department sources. Dylan Hooser was arrested and booked on charges
of third-degree promotion of a detrimental drug, a petty misdemeanor
that carries a maximum sentence of 30 days imprisonment and a $1,000
fine. | ||||||||||||||||||||
Sen. Gary Hooser was emotional about his son's arrest earlier this
week. | ||||||||||||||||||||
"Words cannot describe how troubled his mother and I are that his
incident had occurred. We love our son," said Hooser, reading a
statement during a telephone interview. | ||||||||||||||||||||
"He is a 21-year-old, and as an adult, if the charges are found to be true, he will suffer the full consequences of his behavior." | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
"While my thoughts and prayers are now focused on my own family, the incident intensifies my commitment to support meaningful action that fights drug abuse in our community," said the first-term senator. | ||||||||||||||||||||
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(18) CRUSADER FOR POT DIES AFTER MS FIGHT (Top) | ||||||||||||||||||||
Londoner Lynn Harichy, whose efforts helped to legalize medicinal
marijuana use in Canada, died Christmas Day after a lengthy battle
with multiple sclerosis. She was 42. As part of a national network
of lobbyists, Harichy was a longtime crusader for the legalization
of pot for medicinal uses. She once lit up a joint on the steps of
London police station, an act that led to her arrest. | ||||||||||||||||||||
Two years ago, following the efforts of pot crusaders like Harichy
across Canada, the federal government eased the law on pot use for
those suffering from serious illnesses. | ||||||||||||||||||||
The Office of Cannabis Medical Access was established to regulate
use of medicinal marijuana in cases where it would have some medical
benefit. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
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Pictures of Lynn Harichy at the London, Ontario court house fighting
her constitutional challenge as long as she could | ||||||||||||||||||||
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International News | ||||||||||||||||||||
COMMENT: (19-22) (Top) | ||||||||||||||||||||
The Bangkok-based Forum Asia, a civil liberties group, criticized
the bloody Thai war on drugs -- which claimed the life of some 2,500
drug "offenders" in 2003 -- as "the culture of impunity and the
culture of fear." Quoted in the UK Financial times last week, Sunai
Pasuk of Forum Asia denounced the "Pandora's Box" of the drug war
where police death squads are believed to have summarily murdered
most of the 2,500 killed in 2003. The political implications of the
Thai drug war "restricted the ability of civil society to disagree
with government policy," said Sunai, with the label "drug dealer"
used to taint those opposing government policy. | ||||||||||||||||||||
The International Monetary Fund, in its first annual review of
Afghanistan in 12 years, warned that nation's bumper crop of opium
may threaten economic growth there. US-allied regional warlords and
Taleban insurgents alike now profit from opium production, according
to reports. | ||||||||||||||||||||
In prohibitionist zeal to trumpet submission and conformity to the dictates and strictures of a "drug-free" ideology, Philippine political candidates will take drug tests prior to the spring 2004 Philippine elections. Regional Elections officials last week announced candidates would be required to prove their drug-free innocence this election by submitting drug test results when filing for certificates of candidacy. For candidates that fail to supply the test results: that's no problem, either, as no penalty for failure to comply is included in the new Philippine regulation. | ||||||||||||||||||||
A report by UK Prime Minister Tony Blair's strategy unit recommends
re-focusing police efforts on "high harm" illegal drug users who
commit crimes against others, such as stealing or mugging. The
confidential report, however, is "seen as too sensitive to publish,"
according to the Independent newspaper in the UK. The report comes
on the heels of the Blair administration's leadership in the recent
official reclassification of cannabis from a class B drug to a less
serious class C drug. | ||||||||||||||||||||
| ||||||||||||||||||||
(19) HUMAN RIGHTS ALARM OVER BLOODY DRUGS CRACKDOWN (Top) | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
For Thaksin Shinawatra, Thailand's prime minister, an aggressive
campaign to combat an epidemic of methamphetamine use in Thailand
has been a priority. | ||||||||||||||||||||
But the violence of the anti-drugs crusade and the government's apparent encouragement of the killings have raised alarm about human rights and the rule of law in this young, still fragile democracy. | ||||||||||||||||||||
More than 2,600 people were killed in three months across Thailand.
The authorities have made little effort to apprehend or punish those
responsible, which human rights activists say has set a precedent
with disturbing political implications. | ||||||||||||||||||||
"The war on drugs is a Pandora's box," said Sunai Pasuk, of the
Bangkok-based civil liberties group Forum Asia. "What has been
unleashed by the administration is the culture of impunity and the
culture of fear. It has seriously restricted the ability of civil
society to disagree with government policy." | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
Looking beyond the drugs war, with elections coming next year,
activists fear the "drug dealer" label may be used to taint, or
eliminate, government opponents or critics at the grassroots level.
"The government has used the war on drugs to test the level of
public approval and tolerance for all these controversial tactics,"
said Forum Asia's Mr Sunai. | ||||||||||||||||||||
"It turned out very well in their eyes. From now on, if you are a
troublemaker and you disagree with the government, you can easily
find your name on a blacklist." | ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
(20) OPIUM 'THREATENS AFGHAN GROWTH' (Top) | ||||||||||||||||||||
A huge surge in opium production and stubborn insecurity are
threatening the Afghan economy, the International Monetary Fund has
warned. | ||||||||||||||||||||
In its first annual review of the war-ravaged country for 12 years,
the IMF saw some progress in putting back together the country's
institutions. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
The Taleban banned opium during their rule | ||||||||||||||||||||
Under the hardline Islamic government of the Taleban, which ruled
from the mid-1990s till deposed by the US-led coalition in late
2001, opium production declined sharply. | ||||||||||||||||||||
But now it is fast increasing, fed in part by regional warlords who
were U.S. allies in ousting the Taleban as well as by Taleban
insurgents themselves. | ||||||||||||||||||||
And many farmers impoverished by the destruction of their poppies
under the Taleban are deep in debt, and cannot now afford to stop
cultivating the lucrative crop. | ||||||||||||||||||||
Security | ||||||||||||||||||||
Besides the 3,600 tonnes of opium the United Nations believes
Afghanistan produced this year - 6% up on 2002 - the IMF also warned
that the delicate security situation could threaten continued
economic growth. | ||||||||||||||||||||
The writ of the government of President Hamid Karzai barely runs
outside Kabul, the capital. | ||||||||||||||||||||
"Restoring adequate security throughout the country remains a key priority to facilitate the implementation of reforms and projects as well as the resumption of private economic activity and the provision of basic public services beyond Kabul," the report said. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
(21) DRUG TEST FOR CANDIDATES PURSUANT TO LAW: COMELEC (Top) | ||||||||||||||||||||
THE mandatory drug test for candidates for the May 2004 | ||||||||||||||||||||
This was clarified by Regional Election Attorney Dennis Ausan in
wake of what he calls "misconceptions" on the Commission on
Elections (Comelec) Resolution 6486 requiring all candidates to
submit results of their drug tests when filing their certificates of
candidacy (COCs). | ||||||||||||||||||||
"It was promulgated pursuant to Republic Act 9165. The Comelec will
not come up with a resolution which go beyond the spirit of the
law," Ausan said. | ||||||||||||||||||||
Sec. 36 (g) of Art. 3 of R.A. 9165 provides that "all candidates for
public office whether appointed or elected both in the national and
local government shall undergo mandatory drug test." | ||||||||||||||||||||
Ausan said, however, that although it is mandatory for all
candidates to undergo drug tests, there is no sanction for those who
fail to comply. | ||||||||||||||||||||
"Just in case a candidate doesn't want to undergo drug test or fails
to submit a result, it would not be made a ground for his/her
disqualification," he said. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
(22) PM'S DRUG REPORT SHIFTS FOCUS TO 'HIGH HARM' USERS (Top) | ||||||||||||||||||||
Drug addicts who steal, burgle and mug people to feed their habit
may be targeted by police and forced to undergo rehabilitation
following a drug policy rethink devised by Tony Blair's personal
think-tank. | ||||||||||||||||||||
A confidential report by the Prime Minister's strategy unit says the
Government should shift its energy to combating "high harm-causing
users" who are responsible for thousands of crimes. | ||||||||||||||||||||
The paper, prepared after more than a year of research, says that
removing the estimated 250,000 drug addicts who commit crimes from
the streets and drug dens should be a top priority for the
Government. It also recommends that addicts who commit crimes to
fuel their habit should be forced to take treatment if they refuse
voluntary rehabilitation. | ||||||||||||||||||||
[snip] | ||||||||||||||||||||
Mr Blair wants to cut drug related crime by 25 per cent by 2005 and
halve it by 2008. | ||||||||||||||||||||
But the report is seen as too sensitive to publish. It is expected to cause controversy among charities helping addicts who say addiction is a medical problem that cannot be adequately treated by the criminal justice system. It will also raise questions about whether there are enough places in rehabilitation centres. | ||||||||||||||||||||
A spokesman for the Prime Minister's strategy unit said that, unlike
other reports it produces, the paper would not be made public. He
added that he could not comment on its contents or Lord Birt's role,
which he said was not a "formal" one. "Lord Birt is the Prime
Minister's strategy adviser and works across a range of areas. The
drugs project is a private piece of work." | ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
HOT OFF THE 'NET (Top) | ||||||||||||||||||||
FOOTAGE OF SOUTH CAROLINA SCHOOL DRUG RAID | ||||||||||||||||||||
Goose Creek, SC: Stratford High School; November 5, 2003. This copy
of Stratford High School's surveillance videotape, narrated by
Principal McCrackin, shows students as young as 14 being terrorized
by police with guns and drug-sniffing dogs in an early-morning SWAT
raid. | ||||||||||||||||||||
http://stream.realimpact.net/rihurl.ram?file=realimpact/cms/aclu/20031205_ACLU_DrugBust.rm | ||||||||||||||||||||
| ||||||||||||||||||||
The Canadian Supreme Court Cannabis Law Challenge with Pot-TV | ||||||||||||||||||||
Recorded from a Live Pot TV broadcast. In a devastating decision the
prohibitionist core of the Canadian Justice System Rules in Favor of
criminalizing millions of Canadians for using cannabis. | ||||||||||||||||||||
| ||||||||||||||||||||
Battle For Canada #8: John Conroy on the Canadian Supreme Court Decision | ||||||||||||||||||||
Richard Cowan interviews John Conroy, attorney for Caine in Supreme Court case. Did the Court say that jail is not justified? | ||||||||||||||||||||
| ||||||||||||||||||||
Cultural Baggage Radio Show | ||||||||||||||||||||
12/23/03: Commander Brian Paddick | ||||||||||||||||||||
UK Police Officer Who Introduced 'Softly Softly' Policy on
Cannabis | ||||||||||||||||||||
| ||||||||||||||||||||
12/30/03: "Triple Felon" Ed Rosenthal | ||||||||||||||||||||
Ed Rosenthal, the guru of ganja, the poster boy for medical marijuana and now "a triple felon, thanks to the Federal Government. | ||||||||||||||||||||
| ||||||||||||||||||||
01/06/04: Judge James P. Gray | ||||||||||||||||||||
Running for US senate seat in the state of California. Author of "Why
Our Drug Laws Have Failed, and What We Can Do About It - A Judicial
Indictment of the War on Drugs." | ||||||||||||||||||||
| ||||||||||||||||||||
Cannabis Health | ||||||||||||||||||||
Issue #8 January / February 2004 | ||||||||||||||||||||
| ||||||||||||||||||||
Narco News Reborn | ||||||||||||||||||||
Narco News will begin publishing again - "reporting on the drug war and
democracy from Latin America" - in a matter of weeks. | ||||||||||||||||||||
| ||||||||||||||||||||
LETTER OF THE WEEK (Top) | ||||||||||||||||||||
Police Tactics Hurt Schools | ||||||||||||||||||||
By Tom Angell | ||||||||||||||||||||
I'm troubled by the announcement that random drug searches will be
conducted at Narragansett High School ("Drug-sniffing dogs to begin
work in school," news, Dec. 18). | ||||||||||||||||||||
For our education system to work most effectively, there needs to be
an atmosphere of trust between students and school officials. By
sending the message that students can't be trusted, the proposed
searches undermine the hard work and dedication that our teachers
put in every day. | ||||||||||||||||||||
The fact that these searches are even being proposed signals that the way we deal with drugs in this country is flawed. We've failed to provide our youth with effective drug education. DARE and scare tactics haven't shown our children how to avoid the dangers of drugs. Rather than conduct these searches, a better strategy would be to invest time and money in honest drug-education programs. | ||||||||||||||||||||
We're pushing our children away. If we dealt with these problems in
a more realistic manner, we could build the atmosphere of trust that
we need. | ||||||||||||||||||||
Tom Angell, | ||||||||||||||||||||
Warwick | ||||||||||||||||||||
The writer is a member of the board of directors of Students for
Sensible Drug Policy. | ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
PUBLISHED LETTER TO THE EDITOR WRITER OF THE YEAR (Top) | ||||||||||||||||||||
It is with great pleasure that DrugSense recognizes Kirk Muse of Mesa,
Arizona as the Letter to the Editor writer of 2003. During this past
year Kirk sent many letters to newspapers worldwide, and had 84 printed
in the United States, 27 in Canada, 2 in Australia, and one each in
Malaysia, South Africa, Thailand, Uganda and the United Kingdom for a
total of 118. | ||||||||||||||||||||
This brings his career total published letters that we know of to 310.
You may view his published letters at | ||||||||||||||||||||
Kirk also supports the Media Awareness Project of DrugSense by newshawking news clippings, well over 1,500 in the past year. | ||||||||||||||||||||
Thank You, Kirk, for all that you do! | ||||||||||||||||||||
| ||||||||||||||||||||
FEATURE ARTICLE (Top) | ||||||||||||||||||||
Comcast Censors Medical Marijuana Group | ||||||||||||||||||||
By Marijuana Policy Project | ||||||||||||||||||||
MANCHESTER, NEW HAMPSHIRE -- Comcast Cable has censored Granite
Staters for Medical Marijuana (GSMM), prohibiting the group from
purchasing airtime on the company's cable system in New Hampshire,
according to GSMM Campaign Coordinator Aaron Houston. Houston
approached Comcast last month, asking to buy airtime for a
television commercial, but he was denied without receiving any
written material detailing the company's reasoning. | ||||||||||||||||||||
When a Comcast representative informed Houston on December 1 of the company's denial, the representative noted that officials in Comcast's legal department had not viewed a specific television spot from GSMM, but the officials had denied the group based on its message about medical marijuana. After receiving a written request from Houston seeking an explanation, the representative said reasons for the denial would be sent to GSMM in writing. Then, on December 16, the same representative told Houston in a telephone call that Comcast's legal department "doesn't issue written explanations." | ||||||||||||||||||||
"They denied us based solely on who we are," Houston said. "Comcast
Cable is infringing on our right to speak to 21 million subscribers,
even though 84% of likely voters in the upcoming election agree with
our point of view. We think voters who have a vital role in picking
the Democratic Party's nominee believe this is a serious and
relevant issue." | ||||||||||||||||||||
Interestingly, Comcast recently struck a deal with the Partnership
for a Drug-Free America (PDFA). In October 2003, Comcast announced a
three-year advertising pledge, valued at $50 million, allowing PDFA
to increase exposure for anti-drug advertising on Comcast's cable
systems in 35 states. The deal constituted "the largest single
upfront commitment of advertising from a major media company to The
Partnership in the organization's history," according to a PDFA news
release. | ||||||||||||||||||||
Houston commented, "Comcast pledged $50 million dollars to the war
on drugs, yet they have censored us from raising a critical question
about this policy: If we're going to have a drug war, can we at
least take sick and dying people off the battlefield?" | ||||||||||||||||||||
Based in Manchester, New Hampshire, Granite Staters for Medical
Marijuana is a grassroots coalition of patients and activists. GSMM
is organizing during the New Hampshire presidential primary campaign
to raise awareness of the need for federal action to protect medical
marijuana patients. For further information, please see | ||||||||||||||||||||
| ||||||||||||||||||||
QUOTE OF THE WEEK (Top) | ||||||||||||||||||||
"An optimist stays up until midnight to see the new year in. A pessimist stays up to make sure the old year leaves." -- Bill Vaughan | ||||||||||||||||||||
| ||||||||||||||||||||
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