Thursday, June 30, 2011

38,000 Dead in Mexico Drug War Since 2006

Published on StoptheDrugWar.org (http://stopthedrugwar.org)


--------------------------------------------------------------------------------

Mexico Drug War Update
By psmith
Created 2011/06/22 - 6:35pm
by Phillip Smith [1], June 22, 2011, 06:35pm, (Issue #689 [2]) Posted in: Border [3]Mexican Drug War [4]News Brief [5]Police Corruption [6]Police/Suspect Altercations [7]Turf Wars [8]

Last Wednesday was a bloody day in Nuevo Leon, and last weekend was a bloody one in Michoacan. And those are just the high-lights.
by Bernd Debusmann, Jr.

Mexican drug trafficking organizations make billions each year smuggling drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed more than 38,000 people, including more than 15,000 last year. The increasing militarization of the drug war and the arrest or killing of dozens of high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:




The profits of prohibition fuel the violence in Mexico. (Image via Wikimedia.org)Wednesday, June 15

In Nuevo Leon, a record 33 people were murdered [9] in one day. Among the dead were two bodyguards of State Governor Rodrigo Medina who were kidnapped, murdered, and mutilated. The previous daily high in the state was 18, which included 14 inmates killed in a jailhouse fire that had been deliberately set.

Friday, June 17

In Nuevo Leon, 26 police officers were detained [10] for their involvement in the murder of the two bodyguards of Gov. Medina on Wednesday.

In Matamoros, the leader of Los Zetas, Heriberto Lazcano "Z-3" was reported killed [11] after a series of ferocious gun battles in the city with the rival Gulf Cartel. Mexican and American authorities have both denied that Lazcano is dead, and question why he would personally be leading attacks on the Gulf Cartel stronghold of Matamoros, across the border from Brownsville, Texas.

Sunday, June 19

In Michoacan, at least 23 people were executed over the weekend [12] by the Knights Templar drug trafficking organization. President Calderon was in the state capital of Morelia at the time attending a U-17 soccer game between Mexico and North Korea. The Knights Templar had announced the coming murders via banner on Friday. On Saturday, nine people were found dead in three different locations, each containing three bodies.

The Knights Templar is an off-shoot of La Familia Michoacana, and has vowed to wage war on the opposing faction of LFM led by El Chango Mendez (captured Tuesday -- see below) and his allies in Los Zetas.

Monday, June 20

In Veracruz, a journalist was gunned down along with his wife and 21-year old son. [13] Miguel Angel Lopez Velasco, 55, was an editor, crime reporter and columnist for the local Notiver newspaper. At around 5:30am on Monday, heavily armed gunmen kicked down the door to his home and gunned down everyone inside.

Also in Veracruz, seven municipal police officers were [14] arrested in connection with the death of a Mexican Marine who was found dead on June 11 near the Tuxpan River. He was one of three Marines who were recently kidnapped and murdered in Mexico. The Marines have been on the forefront of Mexico's war on drug cartels and have conducted missions against high-profile targets such as Arturo Beltran Leyva, who was killed in December 2009.

Tuesday, June 21

In Cosio, Aguascalientes, the leader of La Familia Michoacana was captured [15] by police at a highway checkpoint. Jose de Jesus Mendez Varga, 50, also known as "El Chango" -- the Monkey -- had been in command of the LFM organization since it broke up into rival factions after its previous leader, Nazario Moreno, was killed in fierce clashes with federal forces in December 2010. On Wednesday Mexican authorities said that US law enforcement played a key role in his capture.

In Ciudad Juarez, at least seven people were murdered. [16] In one incident, a bag containing the head and dismembered body parts of a man was left outside a church. In a different part of the city, three men were gunned down inside a home in the southeast part of the city.

In the town of Cuahtemoc in the nearly lawless Chihuahuan sierra, authorities announced that eight people were found [17] murdered there on June 18.

In Mexico City, Salvadoran president Mauricio Funes said [18] after a meeting with President Calderon that the Zetas have been sending scouting missions to El Salvador to see whether they can purchase weapons from corrupt police and military officials.

Editor's Note: We cannot accurately tally the drug prohibition-related killings in Mexico at this time. El Universal, the only Mexican newspaper that was doing so on a regular basis, has stopped. We will have to rely on official pronouncements on the death toll, and will report them when they happen. Below are the numbers through the end of last year. With more than 1,400 reported dead in April alone, this year's toll could well exceed last year's. As of this month, we believe the total death toll has surpassed 38,000.]

Total Body Count for 2010: 15,273

Total Body Count for 2009: (approx.) 9,600

Total Body Count for 2008 (approx.): 5,400

Total Body Count for 2007 (approx): 4,300

Total Body Count for Calderon's drug war through 2010: 34,883

Mexico.BorderMexican Drug WarNews BriefPolice CorruptionPolice/Suspect AltercationsTurf Wars
StoptheDrugWar.org • 1623 Connecticut Ave., NW, 3rd Floor • Washington DC 20009
Phone (202) 293-8340 • Fax (202) 293-8344 •

Thursday, June 23, 2011

Jimmy Carter in the NY Times

June 16, 2011
Call Off the Global Drug War By JIMMY CARTER
Atlanta

IN an extraordinary new initiative announced earlier this month, the Global Commission on Drug Policy has made some courageous and profoundly important recommendations in a report on how to bring more effective control over the illicit drug trade. The commission includes the former presidents or prime ministers of five countries, a former secretary general of the United Nations, human rights leaders, and business and government leaders, including Richard Branson, George P. Shultz and Paul A. Volcker.

The report describes the total failure of the present global antidrug effort, and in particular America’s “war on drugs,” which was declared 40 years ago today. It notes that the global consumption of opiates has increased 34.5 percent, cocaine 27 percent and cannabis 8.5 percent from 1998 to 2008. Its primary recommendations are to substitute treatment for imprisonment for people who use drugs but do no harm to others, and to concentrate more coordinated international effort on combating violent criminal organizations rather than nonviolent, low-level offenders.

These recommendations are compatible with United States drug policy from three decades ago. In a message to Congress in 1977, I said the country should decriminalize the possession of less than an ounce of marijuana, with a full program of treatment for addicts. I also cautioned against filling our prisons with young people who were no threat to society, and summarized by saying: “Penalties against possession of a drug should not be more damaging to an individual than the use of the drug itself.”

These ideas were widely accepted at the time. But in the 1980s President Ronald Reagan and Congress began to shift from balanced drug policies, including the treatment and rehabilitation of addicts, toward futile efforts to control drug imports from foreign countries.

This approach entailed an enormous expenditure of resources and the dependence on police and military forces to reduce the foreign cultivation of marijuana, coca and opium poppy and the production of cocaine and heroin. One result has been a terrible escalation in drug-related violence, corruption and gross violations of human rights in a growing number of Latin American countries.

The commission’s facts and arguments are persuasive. It recommends that governments be encouraged to experiment “with models of legal regulation of drugs ... that are designed to undermine the power of organized crime and safeguard the health and security of their citizens.” For effective examples, they can look to policies that have shown promising results in Europe, Australia and other places.

But they probably won’t turn to the United States for advice. Drug policies here are more punitive and counterproductive than in other democracies, and have brought about an explosion in prison populations. At the end of 1980, just before I left office, 500,000 people were incarcerated in America; at the end of 2009 the number was nearly 2.3 million. There are 743 people in prison for every 100,000 Americans, a higher portion than in any other country and seven times as great as in Europe. Some 7.2 million people are either in prison or on probation or parole — more than 3 percent of all American adults!

Some of this increase has been caused by mandatory minimum sentencing and “three strikes you’re out” laws. But about three-quarters of new admissions to state prisons are for nonviolent crimes. And the single greatest cause of prison population growth has been the war on drugs, with the number of people incarcerated for nonviolent drug offenses increasing more than twelvefold since 1980.

Not only has this excessive punishment destroyed the lives of millions of young people and their families (disproportionately minorities), but it is wreaking havoc on state and local budgets. Former California Gov. Arnold Schwarzenegger pointed out that, in 1980, 10 percent of his state’s budget went to higher education and 3 percent to prisons; in 2010, almost 11 percent went to prisons and only 7.5 percent to higher education.

Maybe the increased tax burden on wealthy citizens necessary to pay for the war on drugs will help to bring about a reform of America’s drug policies. At least the recommendations of the Global Commission will give some cover to political leaders who wish to do what is right.

A few years ago I worked side by side for four months with a group of prison inmates, who were learning the building trade, to renovate some public buildings in my hometown of Plains, Ga. They were intelligent and dedicated young men, each preparing for a productive life after the completion of his sentence. More than half of them were in prison for drug-related crimes, and would have been better off in college or trade school.

To help such men remain valuable members of society, and to make drug policies more humane and more effective, the American government should support and enact the reforms laid out by the Global Commission on Drug Policy.

Jimmy Carter, the 39th president, is the founder of the Carter Center and the winner of the 2002 Nobel Peace Prize.

Thursday, February 24, 2011

Mexico Drug War Update - Calderon Kills 36,000 of His Own People

Published on StoptheDrugWar.org (http://stopthedrugwar.org)


--------------------------------------------------------------------------------

Mexico Drug War Update
By psmith
Created 2011/02/23 - 9:22pm
by Phillip Smith by Bernd Debusmann, Jr.

Mexican drug trafficking organizations make billions each year smuggling drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed more than 35,000 people, including more than 15,000 last year. The increasing militarization of the drug war and the arrest of dozens of high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:

Cash generated by drug prohibition buys lots of guns in Mexico (Image via Wikimedia)Thursday, February 10

In Ciudad Juarez, 18 people were killed [9] in several incidents in the city. In one incident, gunmen attacked a bar, firing indiscriminately and killing six waitresses, a man dressed as a woman and another unidentified individual. It has been suggested by some that the incident is an example of "social cleansing" conducted by armed groups in the city. In another incident, a man was killed when being shot over 100 times by men armed with automatic rifles.

Friday, February 11

At the US-Mexico border at Nogales, a smuggling tunnel was discovered [10] by Border Patrol agents. The tunnel was hand dug and appears to still have been under construction.

Saturday, February 12

In Acapulco, a second-grader was executed [11] after being allegedly picked up by a car full of armed men. A note was left with the body suggesting that the boy was killed because his mother was an informant and for "stealing husbands."

In Guadalajara, armed men used automatic weapons and grenades [12] to attack a crowded nightclub. Six people were killed and at least 37 were wounded. It was later reported that three of the dead may have been Venezuelan nationals and one was a Colombian national. The reasons for the attack remain unclear.

Sunday, February 13

In Tamaulipas, 18 cartel gunmen were killed [13] during a series of armed clashes between criminal organizations. The battles, which took place primarily on the Matamoros-Ciudad Victoria highway, were almost certainly between the Gulf Cartel and their former enforcers of the Zetas Organization.

In Ciudad Juarez, ten people were murdered [14] across the city. In one incident, four young men were gunned down leaving a soccer game. Reports indicate that the attacking gunmen in that incident were all young men, no older than 20 years of age.

In Monterrey, the head of Nuevo Leon's security and intelligence agency [15] was killed. Homero Salcido Trevino, 40, was traveling home Sunday night when gunmen kidnapped him and drove him to a central area of Monterrey, where he was shot and his body left in the backseat. The car was then set aflame.

Monday, February 14

Near Ciudad Juarez, the body of the brother of a murdered activist [16] was found in a drainage ditch near a military checkpoint. The body is that of Elias Reyes, whose sister, Josefina Reyes, a social activist who sought to investigate the murder of women in the city, was murdered in January. Elias Reyes had been missing since being abducted by gunmen along with his sister and sister-in-law. A child and the Reyes Salazar siblings' mother were released by the gunmen.

Tuesday, February 15

In San Luis Potosi, two American Immigration and Customs Enforcement (agents) were ambushed [17] by heavily armed gunmen. Jaime Zapata, 32, died while a second agent, Victor Avila, was wounded and remains hospitalized. It is whether the gunmen had actively been seeking out the Americans. SUV's are highly-prized by the cartels, so a possibility exists that this was a carjacking incident gone wrong.

President Obama later called the Zapata family to offer his condolences.

Wednesday, February 16

In Washington, a special task force was formed [18] to investigate the incident in which the ICE agents were shot. US investigators -- whose total number may reach the dozens -- began arriving in Mexico.

Thursday, February 17

In Ciudad Juarez, at least 15 people were killed. [19] Two police officers were killed in two different shooting incidents. The killings came the same day as a large group of government officials were in the city to report on one year of the Todos Somos Juarez plan, which was formed after 16 young people were killed at a party. On Thursday, they reported that overall crime in Juarez was down 45%.

In Arizona, nine people were arrested for allegedly being part of an arms smuggling network [20] which shipped weapons to Mexico. During the operation, which also took place in Texas and inside Mexico, police seized some 300 weapons including assault rifles. Another seven defendants were previously charged and are awaiting trial.

Friday, February 18

In Ciudad Juarez, twenty people were murdered [21] in a series of violent incidents across the city. The dead include at least three pairs of couples and a member of the state police intelligence service. In one instance, a man and woman were shot dead in a home after it was stormed by at least three car loads of heavily armed gunmen, who used a truck to ram through the front gate of the home.

In Nuevo Leon, eight gunmen were killed [22] during a series of firefights with the army.

Saturday, February 19

In Acapulco, at least twelve taxi drivers or passengers were gunned down [23] in a series of incidents across the city. The motives remain unclear. Taxi drivers in the area are sometimes recruited by cartels to traffic and move narcotics.

In Ciudad Juarez, at least 19 people were killed [24] on Saturday, bringing the number of murders to almost 40 in a 48-hour period.

In Reynosa, President Calderon announced that at least four additional battalions will be deployed [25] to Mexico's northern border. Calderon's comments came during an Army Day speech at a nearby military base.

In Torreon, Coahuila, five people were killed when gunmen opened fire inside two bars. [26] A sixth person died the next day. At least eight others were wounded, including a two-year old girl whose mother was killed. Witnesses said that at least one individual returned fire and was then taken into police custody.

Tuesday, February 22

In an interview published Tuesday in Mexico City, President Calderon said that the United States is not doing enough to help Mexico [27], especially in stemming the number of American-bought weapons headed south into Mexico. He also criticized the way the Mexican government was characterized in documents made public by WikiLeaks, saying that US-Mexico relations were strained by the contents of the leaks.

In Guerrero, Mexican marines seized 72 sticks of commercial explosives [28] at an armed camp in a rural area of the state near the border with Michoacan. The marines also found assault rifles, grenades and a small of marijuana.

In nearby Acapulco, the bodies of seven men were discovered. Three of the bodies were mutilated and dumped on a main highway leading to a tourist area. One of the other bodies found was half-buried and decapitated. Mexican media report that notes threatening a local army officer were left with some of the bodies.

In Mazatlan, two people were shot dead within earshot of foreign tourists at a hotel.

Wednesday, February 23

In Acapulco, three bodies were discovered [29] inside a taxi. One male victim had been decapitated. The taxi had been stolen earlier in the day.

In Mexico City, the Mexican Defense Department announced [30] that one individual suspected of participating in last week's attack on two US ICE agents has been detained by Mexican forces. They did not name the individual or say where he was captured. Jose "El Mamito" Rejon, a high-ranking Zeta and former Mexican army corporal, has been named by various sources as likely having participated or ordered the attack, but it is unclear if Rejon is the man in custody.

Total Body Count for the last two weeks: 297

Total Body Count for the Year: 1,175

Total Body Count for 2010: 15,273

Total Body Count for 2009: 9,600

Total Body Count for 2008 (approx.): 5,400

Total Body Count for 2007 (approx): 4,300

Total Body Count for Calderon’s drug war through 2010: 34,849

Total Body Count for Calderon’s drug war to date: 36,024

Mexico.BorderMexican Drug WarNews BriefPolice/Suspect AltercationsTurf WarsViolence
StoptheDrugWar.org • 1623 Connecticut Ave., NW, 3rd Floor • Washington DC 20009
Phone (202) 293-8340 • Fax (202) 293-8344 • Email • Privacy Policy

Sunday, January 9, 2011

Dirty Cop Stories: Three for Texas!


THIS WEEK'S CORRUPT COPS STORIES
http://stopthedrugwar.org/chronicle/2011/jan/05/weeks_corrupt_cops_stories

It's a Texas trifecta this week, plus a Nashville cop buying guns for the cartels, an ATF agent with sticky fingers, and an upstate New York cop with several bad habits. Let's get to it:

former police officer Jaime Beas, pleaded guilty to working with the ZetasIn Nashville, Tennessee, a former Nashville police officer was found guilty December 20 of lying when purchasing weapons he intended to smuggle to Guatemala. Edwin Ronal Morales was one of five people indicted in 2009 on charges of conspiring to illegal purchase weapons to be smuggled to Guatemalan drug traffickers. He was found guilty of two count of making false statement for falsely representing himself as the actual buyer when he was really giving the guns to a codefendant to be smuggled out of the country. He faces up to 10 years in prison on each count.

In Beaumont, Texas, two Beaumont police officers pleaded guilty December 22 to misdemeanor charges of tampering with government records for leaving a confidential informant's name out of statements and testimony. Officers Brad Bealieu and Eric Heilman also had their peace officer's licenses suspended for six months.

In Cleveland, Ohio, a Bureau of Alcohol, Tobacco & Firearms agent pleaded guilty December 22 to stealing money in an October drug raid. ATF Agent Steven Campbell was part of team raiding a marijuana dealer in nearby Lyndhurst when he began stuffing cash into his pockets. A DEA agent on the raid turned him in. When confronted, Campbell insisted the only cash he had was his, but when he struggled to resist being handcuffed, $46,000 fell out of his pockets.

In McAllen, Texas, a former Pharr police officer pleaded guilty December 22 to being on the payroll of the Mexican drug cartel the Zetas. Former officer Jaime Beas, 33, had been arrested in a July sting in which he thought he was trading cocaine for high-powered weapons and body armor destined for the Zetas. He lived in a house owned by a Zetas member. The house and four luxury cars were seized by authorities. He pleaded guilty to an organized crime charge.

In McAllen, Texas, a former McAllen police officer was sentenced December 21 to 27 years in federal prison for drug trafficking conspiracy. Former officer Francisco Meza-Rojas had led a group that smuggled cocaine and pot into the Rio Grande Valley, but after being arrested in 2006 broke out of jail and fled to Mexico until he was arrested in July. He had pleaded guilty earlier this year to conspiracy to possess cocaine and marijuana with intent to distribute.

In Niagara Falls, New York, a former Niagara Falls police officer was sentenced December 22 to nearly 14 years in prison for tipping off drug dealers to police investigations, buying crack cocaine on duty, and groping a woman he had pulled over. Former officer Ryan Warme had pleaded guilty in April to three felonies in exchange for a 10-year sentence, but got additional time added on after admitting threatening a prisoner who was set to testify against. He pleaded guilty to deprivation of civil rights under color of law, using and carrying his Niagara Falls Police Department-issued pistol during a drug transaction and conspiracy to distribute more than five grams of crack cocaine.

In Shakopee, Minnesota, a former Carver County sheriff's detective was sentenced December 28 to six months in jail for stealing methamphetamine from the department's evidence vault in Chaska. Daniel Kahlow, an 18-year-veteran, went down after authorities noticed the drugs had been tampered with and saw him entering the vault in a surveillance video. He admitted ripping off the meth for his personal use and told investigators he had been smoking meth for about a year. Kahlow copped a plea to second-degree possession of meth. He begins serving his sentence this month.
Drug War Issues Police Corruption

Friday, August 20, 2010

This Weeks Dirty Cops - Austin, TX from Drug War Chronicle



In Austin, Texas, a former Austin police officer was convicted Tuesday of giving crack cocaine to a man who was the boyfriend of a prostitute he knew. Scott Lando, 48, was convicted of delivery of a controlled substance. He also faces charges of aggravated assault with a deadly weapon and prostitution. The crack incident took place in 2006. He was fired in 2008. He is out on bail.

Texas Now Prosecuting TWO Medical Marijuana Patients from Drug War Chronicle



By psmith
Created 2010/08/18 - 11:51pm
by Phillip Smith [1], August 18, 2010, 11:51pm

Two extreme cases from Texas demonstrate why legislation to protect medical marijuana patients there is badly needed.
Asthmatic medical marijuana patient Chris Diaz sits in jail in Brownwood, Texas, facing up to life in prison for a half ounce of marijuana and three grams of hash. Quadraplegic medical marijuana patient Chris Cain may be joining Diaz behind bars in Beaumont, Texas, after he goes to trial next week. When it comes to medical marijuana, Texas isn't California (or even Rhode Island), and don't you forget it, boy!

seat of injustice
Chris Diaz is learning that the hard way. He was supposedly pulled over for an expired license tag (his defenders say the tag was not expired) while en route from Amarillo to Austin, and according to the DPS trooper's report, would not produce a drivers' license or proof of insurance. He was then arrested for failure to identify, and during a subsequent search, police found a small amount of hashish on his person. A search of the vehicle then turned up additional hash and marijuana in a pill bottle from a California medical marijuana provider. Now, Diaz is facing up to life in prison [11] after being indicted by a Brown County grand jury. He is charged with possession of a controlled substance with intent to deliver, a first-degree felony in the Lone Star State.

Under Texas law, possession of less than two ounces of marijuana is a Class B misdemeanor punishable by up to six months in jail, while possession of hashish is either a state jail felony punishable by up to two years for less than a gram, or a second-class felony punishable by up to 20 years if less than four grams, although probation is also possible.

But because police allegedly read a text message on Diaz's seized cell phone advising a friend that he had some great hash and asking if he wanted any, he was instead indicted on the trafficking charge, punishable by up to life in prison. He remains behind bars -- without his medicine -- on a $40,000 cash bond.

Diaz was diagnosed with asthma just before he turned three, his mother, Rhonda Martin said. "He was on medications ever since. He used a nebulizer, all kinds of inhalers, Albuteral, Advair. He stopped taking them when he was 14 because he didn't like the effects," she recalled. "He said the steroids made him feel agitated and wouldn't take those chemical medications anymore."

While the family was aware of medical marijuana, it was only when Diaz fell ill during a family vacation in California and was hospitalized in intensive care that they first learned about medical marijuana for the treatment of asthma. "We were put in touch with a doctor there, and he recommended it. It was his recommendation Chris was carrying," said Martin.

Neither Brown County prosecutors nor Diaz's court-appointed public defender had responded to Chronicle requests for comment by press time.

Diaz and some of his strongest supporters, including his mother, consider themselves "sovereign citizens," and have a web site, I Am Sovereign [12], in which they argue their case and attempt to win support for Diaz. But that set of beliefs, which precludes carrying government-issued identification, is also complicating things for Diaz. "Failure to identify" was the first charge he faced, and he was searched and the cannabis was found subsequent to being charged with that. Similarly, the authorities' lack of any records or ID for Diaz played a role in the setting of the high bail.

He's not having an easy time of it in jail, said Martin. "He is not receiving any medical attention. He eats only organic food, but he's not getting that. He was assaulted last Sunday by a jailer when he asked for medication. The jailer got in his face and started screaming and pushing him. Chris didn't react. He is a peaceful man."

"The reality is that this kid is in jail for having medical marijuana and is looking at life in prison," said Stephen Betzen, director of the Texas Coalition for Compassionate Care [13], which is lobbying for a medical marijuana bill next year in the state legislature. "You've got to be kidding me. You don't give drug addicts life in prison, so why would you do that to a patient with a legitimate recommendation from another state?"

Chris CainBetzen also had real issues with Diaz being stopped in the first place. "The fact of the matter is that Chris was driving home to Austin with legal plates," he said. "The cops lied and said they were expired. Not only did they lie to pull him over, they took a kid with no record and charged him with a life sentence offense for three grams of hash. The people who are perpetrating this need to be brought to justice and their victims need to be released from jail," said Betzen. "You can't just pull people over because they're brown or from California and begin to search them. There's a whole amendment about that."

"I'm surprised somebody is facing a life sentence for basically half an ounce," said Kris Hermes, spokesman for the medical marijuana support group Americans for Safe Access [14]. "But in states that don't have medical marijuana laws, authorities are free to arrest and prosecute regardless of whether it is being used medicinally."

Meanwhile, over in Hardin County in East Texas, Chris Cain [15], 39, will be rolling his wheelchair to court next week, where the quadriplegic faces a jail sentence for possessing less than two ounces of medical marijuana. Cain, who was paralyzed in a diving accident as a teenager, has been an outspoken medical marijuana advocate for a decade.

He was arrested in 2005 when the Hardin County Sheriff's Office raided his home with the assistance of two helicopters, seized three joints, and threw him in jail. He wound up on probation, but could not use his medicine.

"Within six weeks, the spasticity was so bad he was developing bed sores," said Betzen, so he started using again. "The cops would come by every two weeks to see if he was healthy enough to go to jail."

Now, he faces trial again for possession. "They actually want to put him in jail," exclaimed Betzen. "The sheriff there really has a vendetta against him."

While Texas certainly needs to enter the 21st Century when it comes to medical marijuana, the problem is larger than the Lone Star State, said Hermes. "It's critical that we develop a federal medical marijuana law so that people are not treated differently in Texas than in California, and patients who need this medicine in Texas should be allowed to use it with fear of arrest and prosecution. Americans for Safe Access is committed not only to encouraging states to pass medical marijuana laws irrespective of federal policy, but also to push the federal government to develop a policy that will treat patients equitably no matter where in the US they live."

Tuesday, August 17, 2010

DOJ Foot Dragging on Prison Rape from Huffington Post


Focus on the Family, George Soros's Open Society Policy Center, the American Conservative Union and the American Civil Liberties Union are all furious with Attorney General Eric Holder -- and amazingly enough, it's about the same thing.

The incitement for such an unusual alliance is the Justice Department's failure to act in the face of a challenge to fundamental human dignity: The ongoing, almost commonplace rape of prisoners at the hands of other prisoners or prison guards.

Estimates based on a 2007 DOJ survey of inmates suggest that more than 60,000 prisoners -- or about 1 in 20 -- are sexually assaulted each year.

A law passed in 2003 created an independent commission to develop national standards to address the problem. The commission issued its exhaustive report in June 2009. And the attorney general was required by law to enact new standards by June 23, 2010.

That was nearly two months ago.

In a June letter June, Holder expressed his "regret" that he would not be able to meet Congress's deadline. He explained that the working group he commissioned -- which represents 13 different Justice Department offices and the Department of Homeland Security -- is moving as fast as it can.

So on Tuesday, the unusual coalition gathered at the National Press Club to demand faster action.

Prison rape continues because "the system looks the other way," said David Keene, chairman of the American Conservative Union. And now the regulations are lagging "because this is not at the top of anybody's agenda."

But the net effect is that Holder "is asking for time so that another 60,000 can be raped," Keene said.

"We can't tolerate the attitude that it is inconvenient to do what's necessary to stop the problem today, before we rack up thousands of more victims," said Margaret Winter, associate director of the ACLU's National Prison Project.

"When you look at the political spectrum that's represented at the podium here this morning, you realize that there is something very fundamental at stake here, a question of the most fundamental human dignity, human rights and constitutional rights," Winter said.

The message for Holder: "You've had long enough. The recommendations are there. The recommendations are obvious. And they need to be put in place," said Barrett Duke, an official with the Southern Baptist Convention.

What makes this such an important issue for conservative evangelical Christians?

"We believe in law and order," Duke said. "We expect law and order everywhere." There's also the matter of moral failing. Our leaders "have failed to fulfill the responsibilities that have been entrusted to them," Duke said.

Tim Goeglein, spokesman for Focus on the Family, said his group's position on the issues is prompted "by the sanctity of every human life."

"The fact that people are not safe in our prisons ... is a scandal, that's a stain on our honor," said Pat Nolan, vice president of the Prison Fellowship and a former member of the independent commission. (See his blog post.)

Nolan noted that prisoners are "stripped of all ability to defend themselves" as they have no choice over who to associate with, or where, or when -- and they "can't arm themselves to defend themselves."

Bill Mefford, civil rights director for the United Methodist Church, said the issue is important to the "thousands and thousands" of churchgoers who minister in prisons. "They are seeing and witnessing firsthand the brokenness of the system and the way it impacts human lives," he said.

Holder, he said, should "stop dragging his feet, and stop listening to people who are trying to protect their turf."

Lovisa Stannow, executive director of Just Detention International, said there is nothing inevitable or innate about prison rape. "Prison rape is basically a management problem," she said. The proof is that the rate of rape varies widely from state to state and from prison to prison.

A Justice Department spokeswoman on Tuesday said that a proposed rule will be sent to the White House's Office of Management and Budget "in the fall." Hannah August wrote in an e-mail: "We are working hard not only to draft the standards, but also to ensure that the standards are successful after they're put into place. We want to be a force multiplier, enabling best practices to gain recognition and enabling correctional systems with less experience to benefit from the prior efforts of other jurisdictions. It is unacceptable for anyone in the care of our country's correctional facilities to be sexually assaulted, and we are working diligently towards eliminating such abuse."

In Hill testimony in March, Holder described the pushback he's getting, much of it related to the fact that no additional funding comes with the new rules. "When I speak to wardens, when I speak to people who run local jails, when I speak to people who run state facilities, they look at me and they say 'Eric, how are we supposed to do this?' If we are going to segregate people, build new facilities, do training, how are we supposed to do this? And that is what we are trying to work out, ways in which we can follow the dictates of the statute and do something that is going to be meaningful, not something that is simply going to be a show thing, something that is going to have a measurable impact."

Central to the commission's recommendation is the call for independent, outside monitoring of prisons. "Unfortunately, there is concern that the attorney general will backpedal on this key part," said Amy Fettig, staff attorney with the ACLU National Prison Project.

Friday, July 30, 2010

Mexico Drug War Update from Drug War Chronicle


Mexico Drug War Update
July 28, 2010, 09:58pm, (Issue #642)

by Bernd Debusmann, Jr.

Mexican drug trafficking organizations make billions each year smuggling drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed nearly 25,000 people (the Mexican attorney general put the death toll at 24,826 on earlier this month), with a death toll of nearly 8,000 in 2009 and over 6,000 so far in 2010. The increasing militarization of the drug war and the arrest of dozens of high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:

In San Diego, Federal authorities announced criminal charges against 43 members of the Tijuana-based Arellano-Felix Organization. 31 of the 43 men are in custody, 27 of them having been arrested in the United States. Among the arrested men was Jesus Quinones Marques, the director of international liaison for the Baja California attorney general's office. He is accused of attempting to plant information about murders in local newspapers in an attempt to blame rival gangs.

Saturday, July 24

In Ciudad Juarez, the murder rate passed 6,000 since January 1st, 2008. As of Saturday, there had been 235 murders in July, and 1,645 so far in 2010. In 2009, there were 2,754 and 1,623 in 2008. On Saturday, 10 people were killed in several incidents in the city. Four of the dead were killed when gunmen attacked a barbershop, and another three were killed in an attack on a house.

Sunday, July 25

Mexicans officials now claim that gunmen who committed a massacre last week in Torreon were let out of the prison at night to carry out drug-related killings. The prisoners are thought to be involved in at least three mass shootings in Torreon this year, killing a total of 35 people. Ballistics testing has also indicated that the weapons were those of prison guards, who lent them to the hit men.

In Nuevo Leon, at least 51 bodies were discovered by authorities after a three-day excavation of a mass grave. The grave site spanned a 7-acre area, and most of the dead seem to be men between 20 and 50, many of them tattooed. Similar mass graves have been found in Tamaulipas, Guerrero and Quintana Roo in recent months.

Monday, July 26

In Guerrero, six men were found dead inside a car near the town of Chilpancingo. A sign reading, "This will happen to all rapists, extortionists and kidnappers. Attentively, the New Cartel of the Sierra," was left with the bodies. Authorities are now investigating this previously unheard of organization. The car was reportedly taken from its owner after he was stopped and hijacked on a road.

In Sinaloa, two men were ambushed and killed by gunmen in Culiacan. The men -- Jose Antonio and Luis Alberto Vega Heras -- were the son and nephew of a known high-ranking member of the Sinaloa Cartel, known as El Gaucho. Additionally, two other men were killed in the city. Killings were also reported in Morelos, Jalisco, and Chihuahua, including at least five in Ciudad Juarez.

In the Laguna region of Durango and Coahuila, four journalists went missing after being kidnapped by an unknown group. Two were cameramen from Televisa, one was a reporter for Multimedios television, and one a reporter for El Vespertino. Three were kidnapped Monday at around noon and the fourth on Monday night.

Tuesday, July 27

In Durango, eight severed heads were found left in pairs along a highway. In Puebla, three federal agents were killed by gunmen during a firefight. A relative of the Governor-Elect was assassinated in Parral, Chihuaha. In Tamaulipas, the army claimed to have captured nine Guatemalan citizens during operations against drug gangs.

Wednesday, July 28

In Ciudad Juarez, two severed heads were discovered in coolers with the bodies left nearby. Along with the bodies were left notes which read "I'm a kidnapper and extortionist. I'm an Azteca" and "I do carjackings and work for La Linea and the Aztecas." The Aztecas are a street gang affiliated with the Juarez Cartel, and La Linea is the enforcement wing of the Juarez Cartel.

Total Body Count for the Week: 236

Total Body Count for the Year: 6,671

Read the previous Mexico Drug War Update here.

Friday, July 9, 2010

Latin America: Mexico Drug War Update from Drug War Chronicle


Drug War Chronicle - world’s leading drug policy newsletter
Latin America: Mexico Drug War Update
viewtranslation
Printer Friendly Version Email this Article
from Drug War Chronicle, Issue #639, 7/9/10
by Bernd Debusmann, Jr.

Mexican drug trafficking organizations make billions each year smuggling drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed an estimated 23,000 people, with a death toll of nearly 8,000 in 2009 and over 5,000 so far in 2010. The increasing militarization of the drug war and the arrest of dozens of high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:

Monday, June 28
In Sinaloa, a well-known musician was shot dead by unidentified gunmen. Sergio Vega, 40, was driving to a concert when he was intercepted and murdered just hours after having gone on the radio to deny reports that he had been killed. Vega was known to sing "narco-corridos" or drug ballads. Several other musicians of this genre have been killed in Mexico in recent years. Some are known to take commissions from drug-traffickers to write songs about them, or otherwise be involved in the drug business.

In Tamaulipas, a candidate for governor and four others were killed after his motorcade was ambushed. Borderlandbeat.com reported that the attackers used clone military vehicles and were dressed in fake Marine uniforms. Rodolfo Torre Cantu, 46, was the PRI candidate and a frontrunner. He was later replaced by his brother. The Torre killing is the most significant political assassination since the 1994 murder of presidential candidate Luis Colosio. There has been significant violence in Tamaulipas in recent months as the Zetas fight their former employers, the Gulf Cartel.

Thursday, July 1

In a remote area near Nogales, Sonora 21 people were killed during a battle between rival groups of drug-traffickers. The incident began after a convoy of 50 vehicles was ambushed by rivals near the village of Tubutuma. One of the groups was apparently allied to Sinaloa Cartel boss Joaquin "El Chapo" Guzman, while the other was comprised of a mixed force of gunmen loyal to Hector Beltran-Leyva and the Zetas Organization. It is unclear who ambushed whom, but BorderReporter.com has reported that the Sinaloa Cartel gunmen took the brunt of the casualties.

In Nogales proper, two burnt heads were found hanging on a fence near just outside a cemetery. A handwritten note from one gang threatening another was left at the scene, but it was unclear if this is related to the Tubutuma ambush.

Friday, July 2

In Ciudad Juarez, Mexican officials announced the capture of a key suspect in the March murder of a US consulate employee, her husband, and a third-Mexican national. The suspect, Jesus Ernesto Chavez, is reported to be a senior leader in the Aztecas gang, which provides enforcers for the Juarez Cartel. He has since claimed that he ordered the killing of the consulate employee because she provided visas to rivals. However, US authorities have disputed this claim, saying there are no indications that the killings were due to the employee's job, and that she did not even work in the section which provided visas.

Saturday, July 3

In Ciudad Juarez, at least 15 people were killed in incidents across the city. In one shooting, a 90-year old man was killed by a stray bullet as he stood near a house which was attacked by a group of armed men. Three others (apparently the targets) were also killed. In another incident, four people were killed at a truck repair company's offices.

Tuesday, July 6

In Sinaloa, three decapitated heads were found on the hood of a car near the town of Angostura. The bodies were found inside the car.

In Tamaulipas, police arrested a bodyguard who worked for the governor on allegations that he also worked for a drug cartel. The guard, Ismael Ortega Galicia, has been named by the US Treasury department as being a part of either the Zetas or the Gulf Cartel.

Thursday, July 8

In Los Mochis, Sinaloa, armed men stormed a police facility and took back several vehicles which had been confiscated by the authorities in recent operations. At least 10 gunmen took part in the raid, including some who drove a multi-level car-carrier to take the vehicles away. Hours earlier, gunmen in the area also raided a municipal police facility and rescued three men who were being detained there.

Total Body Count Since Last Update: 520

Total Body Count for the Year: 5,971

Monday, May 31, 2010

Penalties for Colorado Drug Possession Decrease Under New Law from Drug War Chronicle

Sentencing: Penalties for Some Colorado Drug Possession Decrease Under New Law
from Drug War Chronicle, Issue #634, 5/28/10


Colorado Gov. Bill Ritter (D) Tuesday signed into law a package of criminal justice reform bills, including one that will reduce penalties for some drug possession offenses, one that will give judges increased discretion in sentencing, and one that will broaden parole eligibility. Of the 10 bills in the package, six were based on recommendations from the Colorado Commission on Criminal Justice, which Ritter formed in 2007 to try to get a grip on skyrocketing criminal justice and corrections costs.

"Our criminal justice system is tasked with one of the most important responsibilities in our society -- maintaining public safety and protecting communities," said Gov. Ritter, who served as Denver's district attorney for 12 years before becoming governor. "What we have created here in Colorado, particularly the past few years, is a system that is tough on crime and smart on crime. We can do both. We are doing both, because public safety is not a zero-sum game. Certainly, we can always do better. We can always make improvements. And that's what we are doing here today by signing this legislation into law."

HB 1352 reduces the penalty for the illegal use of drugs (excluding marijuana, which is already decriminalized) from a felony to a misdemeanor and removes the word "possess" from the statute regarding drug sales and manufacture. It also reduces the penalties for the simple possession of most drugs from a felony to a misdemeanor.

But not all drugs. Possession of Rohypnol, ketamine, or methamphetamine would remain a felony punishable by up to six years in prison. The misdemeanor possessors of other drugs, including heroin and cocaine, would face only 18 months.

But the bill also increases penalties for drug sales and manufacturing offenses to 12 years. Those convicted of importing drugs into the state or using guns face up to 48 years, and anyone convicted of supplying marijuana to someone younger than 15 faces a mandatory minimum four years.

Still, the bill commits $1.5 million in expected savings in prison costs to treatment and rehabilitation. Overall, the changes in sentencing, probation, and parole in the package are expected to save the state $3.6 million a year.

HB 1338, sponsored by Sen. Pat Steadman, allows judges to exercise more discretion in sentencing by allowing them to sentence some two-time felons to probation instead of prison. The provision does not apply to those whose prior felonies were specified violent crimes or offenses against children.

"HB 1338 restores judicial discretion in sentencing certain nonviolent offenders to probation rather than prison. This bill saves money and saves lives," Sen. Pat Steadman said.

HB 1360 allows community punishment instead of re-imprisonment for people on parole for low-level, nonviolent crimes who commit technical parole violations, such as a dirty drug test, missing an appointment, or moving without reporting the move.

"It saves the state millions of dollars by providing more intermediate sanctions for technical parole violators," said bill cosponsor Rep. Sal Pace. "These programs not only save the state money, but more importantly they are proven though research to reduce recidivism rates. That means fewer crimes, fewer victims and greater cost savings in the future."

Saturday, May 15, 2010

Prohibition: Drug War is a Failure, Associated Press Reports from the Drug War Chronicle


Prohibition: Drug War is a Failure, Associated Press Reports
http://stopthedrugwar.org/chronicle/632/associated_press_AP_declares_drug_war_failure

In a major, broad-ranging report released Thursday, the Associated Press declared that "After 40 Years, $1 Trillion, US War on Drugs Has Failed to Meet Any of Its Goals." The report notes that after four decades of prohibitionist drug enforcement, "Drug use is rampant and violence is even more brutal and widespread."

The AP even got drug czar Gil Kerlikowske to agree. "In the grand scheme, it has not been successful," Kerlikowske said. "Forty years later, the concern about drugs and drug problems is, if anything, magnified, intensified."

The AP pointedly notes that despite official acknowledgments that the policy has been a flop, the Obama administration's federal drug budget continues to increase spending on law enforcement and interdiction and that the budget's broad contours are essentially identical to those of the Bush administration.

Here, according to the AP, is where some of that trillion dollars worth of policy disaster went:

$20 billion to fight the drug gangs in their home countries. In Colombia, for example, the United States spent more than $6 billion, while coca cultivation increased and trafficking moved to Mexico -- and the violence along with it.
$33 billion in marketing "Just Say No"-style messages to America's youth and other prevention programs. High school students report the same rates of illegal drug use as they did in 1970, and the Centers for Disease Control and Prevention says drug overdoses have "risen steadily" since the early 1970s to more than 20,000 last year.
$49 billion for law enforcement along America's borders to cut off the flow of illegal drugs. This year, 25 million Americans will snort, swallow, inject and smoke illicit drugs, about 10 million more than in 1970, with the bulk of those drugs imported from Mexico.
$121 billion to arrest more than 37 million nonviolent drug offenders, about 10 million of them for possession of marijuana. Studies show that jail time tends to increase drug abuse.
$450 billion to lock those people up in federal prisons alone. Last year, half of all federal prisoners in the US were serving sentences for drug offenses. [Editor's Note: This $450 billion dollar figure for federal drug war prisoners appears erroneous on the high side. According to Department of Justice budget figures, funding for the Bureau of Prisons, as well as courthouse security programs, was set at $9 billion for the coming fiscal year.]
The AP notes that, even adjusted for inflation, the federal drug war budget is 31 times what Richard Nixon asked for in his first federal drug budget.

Harvard University economist Jeffrey Miron told the AP that spending money for more police and soldiers only leads to more homicides. "Current policy is not having an effect of reducing drug use," Miron said, "but it's costing the public a fortune."

"President Obama's newly released drug war budget is essentially the same as Bush's, with roughly twice as much money going to the criminal justice system as to treatment and prevention," said Bill Piper, director of national affairs for the nonprofit Drug Policy Alliance. "This despite Obama's statements on the campaign trail that drug use should be treated as a health issue, not a criminal justice issue."

"For the first time ever, the nation has before it an administration that views the drug issue first and foremost through the lens of the public health mandate," said economist and drug policy expert John Carnevale, who served three administrations and four drug czars. "Yet... it appears that this historic policy stride has some problems with its supporting budget."

Of the record $15.5 billion Obama is requesting for the drug war for 2011, about two thirds of it is destined for law enforcement, eradication, and interdiction. About one-third will go for prevention and treatment.

The AP did manage to find one person to stick up for the drug war: former Bush administration drug czar John Walters, who insisted society would be worse if today if not for the drug war. "To say that all the things that have been done in the war on drugs haven't made any difference is ridiculous," Walters said. "It destroys everything we've done. It's saying all the people involved in law enforcement, treatment and prevention have been wasting their time. It's saying all these people's work is misguided."

Uh, yeah, John, that's what it's saying.

Monday, May 10, 2010

Latin America: Mexico Drug War Update from Drug War Chronicle

Latin America: Mexico Drug War Update
http://stopthedrugwar.org/chronicle/631/mexico_drug_war_update

by Bernd Debusmann, Jr.

Mexican drug trafficking organizations make billions each year smuggling drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed over 19,000 people, with a death toll of nearly 8,000 in 2009 and over 3,000 so far in 2010. The increasing militarization of the drug war and the arrest of several high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:

Saturday, May 1

In Miguel Aleman, Tamaulipas, three people, including a man and woman were found dead in a car on a rural highway outside the city. The incident came just hours after two grenade attacks occurred in Reynosa's red light district. One of the grenades exploded near a police station in Reynosa's "zone of tolerance," where prostitution and retail-level drug trafficking are allowed to flourish. Earlier in the week, police closed a bridge to allow them to clear explosives that had been left there.

Sunday, May 2

In Chihuahua, 24 people were murdered over the weekend in various parts of the state. Eight of the killings occurred in Ciudad Juarez, ten occurred in the city of Chihuahua, five in Cuauhtémoc, one in the town of Parral. The five men killed in Cuauhtémoc were killed after gunmen entered a bar and opened fire. All the dead were young males between the ages of 18 and 25. According to Chihuahua State attorney general spokesman Carlos Gonzalez, most of the killings are believed to be related to the ongoing struggle between the Sinaloa and Juarez Cartels for control of the Juarez drug trafficking corridor.

Monday, May 3

In Acapulco, gunmen shot and killed eight men as they played soccer in the early afternoon. The gunmen, who arrived in a convoy of 14 vehicles, were reportedly opening fire throughout the neighborhood for some 40 minutes, terrorizing the local population. In addition to the five men who were left dead on the soccer field, three of the bodies were picked up and taken away by the gunmen. The Acapulco area has seen an upswing in violence over the last few months as rival factions of the Beltran-Leyva cartel fight each other for the leadership of the organization.

In Nuevo Leon, a mother and her daughter were killed and disappeared after being caught in a gun battle between suspected rival drug trafficking groups. The incident was reported by the woman's husband, who claims that the car in which the family was traveling was caught in a firefight on the highway. The car was struck by several bullets, killing the woman and the child. The husband was wounded, but managed to take refuge in a nearby house. When he returned to his vehicle, the bodies of his wife and daughter had vanished.

In Sinaloa, four people were killed in different incidents across the state. In one incident, the bullet riddled bodies of two men were found on the side of the Culiacan-Las Brisas highway. In another incident, an unidentified man was killed after gunmen ambushed him as he drove in the Emiliano Zapata neighborhood of Culiacan.

Tuesday, May 4

In Tabasco, three women were killed in a parking lot in the municipality of Cardenas. The three women, none of whom have been identified, were beaten and abused before being killed.

Wednesday, May 5

In Mexico, El Universal reported that it is now estimated that there are 35 illegal firearms for every one policeman in the country. This figure comes from reports from Oxfam, Amnesty International, and the Collective for Security, Democracy and Human Rights. According to these figures, there are now at least 15 million illegal firearms in Mexico, and 426,800 federal, local, and state law enforcement officers.

In Cuernavaca, a new cartel claimed responsibility for the ambush of a high ranking police official in the city last Monday. The Cartel de Pacifico Sur (CPS) left signs on several bridges and overpasses in the city, claiming that they carried out the attack on Preventive Police Special Operations chief Jose Luis Arragon, which killed a woman who was riding in the car with him. Little is known about the relatively new CPS Cartel, but it is thought to be a faction of the Beltran-Leyva Cartel, which was left leaderless in December after Mexican naval commandos killed boss Arturo Beltran-Leyva. Many of the signs left by the group threaten American-born trafficker Edgar Valdez Villareal, aka "El Barbie", who is currently battling Hector Beltran-Leyva for control of the organization.

In Durango, a high-ranking police official was ambushed and killed by a group of armed men on highway 66. A bodyguard was also killed in the attack.

[Editor's Note: Due to a glitch last week at El Universal, on whose body count we rely, the running total was misreported. This week's total reflects the accurate number.]

Total Body Count for the Week: 109

Total Body Count for the Year: 3,233

Total Body Count since Calderon took office: 19,560

Obama's First National Drug Strategy from Drug War Chronicle

Obama's First National Drug Strategy -- The Good, the Bad, and the Ugly
http://stopthedrugwar.org/chronicle/631/2010_obama_national_drug_control_strategy_good_bad_ugly

A leaked draft of the overdue 2010 National Drug Strategy was published by Newsweek over the weekend, and it reveals some positive shifts away from Bush-era drug policy paradigms and toward more progressive and pragmatic approaches. But there is a lot of continuity as well, and despite the Obama administration's rhetorical shift away from the "war on drugs," the drug war juggernaut is still rolling along.

That doesn't quite jibe with Office of National Drug Control Policy (ONDCP -- the drug czar's office) director Gil Kerlikowske's words when he announced in April 2009 that the phrase "war on drugs" was no longer in favor. "Regardless of how you try to explain to people it's a 'war on drugs' or a 'war on a product,' people see a war as a war on them. We're not at war with people in this country."

The leak was reported by long-time Washington insider and Newsweek columnist Michael Isikoff, who mentioned it almost off-handedly in a piece asserting "The White House Drug Czar's Diminished Status." Isikoff asserted in the piece that the unveiling of the strategy had been delayed because Kerlikowske didn't have the clout to get President Obama to schedule a joint appearance to release it. His office had been downgraded from cabinet level, Isikoff noted.

That sparked an angry retort from UCLA professor Mark Kleiman, a burr under the saddle to prohibitionists and anti-prohibitionists alike for his heterodox views on drug policy. In a blog post, Kleiman seemed personally offended at the leak, twice referring to the leaker as "a jerk," defending the new drug strategy as innovative if bound by interagency politics, and deriding Isikoff's article as "gossipy."

Kleiman also suggested strongly that the leaker was none other than former John Walters on the basis of an editing mark on the document that had his name on it. But Walters has not confirmed that, and others have point out it could have been a current staffer who is using the same computer Walters used while in office.

On the plus side, the draft strategy embraces some harm reduction programs, such as needle exchanges and the use of naloxone to prevent overdoses, although without ever uttering the words "harm reduction." There is also a renewed emphasis on prevention and treatment, with slight spending increases. But again reality fails to live up to rhetoric, with overall federal drug control spending maintaining the long-lived 2:1 ration in spending for law enforcement, eradication, and interdiction versus that for treatment and prevention.

The strategy also promotes alternatives to incarceration, such drug courts, community courts and the like and for the first time hints that it recognizes the harms that can be caused by the punitive approach to drug policy. And it explicitly calls for reform of the sentencing disparity for crack and powder cocaine offenses.

It sets a number of measurable goals related to reducing drug use. By 2015, ONDCP vows to cut last month drug use by young adults by 10% and cut last month use by teens, lifetime use by 8th graders, and the number of chronic drug users by 15%.

The 2010 goals of a 15% reduction reflect diminishing expectations after years of more ambitious drug use reduction goals followed by the drug policy establishment's inability to achieve them. That could inoculate the Obama administration from the kind of criticism faced by the Clinton administration back in the 1990s when it did set much more ambitious goals.

The Clinton administration's 1998 National Drug Control Strategy called for a "ten-year conceptual framework to reduce drug use and drug availability by 50%." That didn't happen. That strategy put the number of drug users at 13.5 million, but instead of decreasing, according to the 2008 National Household Survey on Drug Abuse and Health, by 2007 the number of drug users was at 20.1 million.

While Clinton took criticism from Republicans that his goals were not ambitious enough -- Newt Gingrich said we should just wipe out drugs -- the Bush administration set similar goals, and achieved similarly modest results. The Bush administration's 2002 National Drug Control Strategy sought a 25% reduction in drug use by both teenagers and adults within five years. While teen drug use declined from 11.6% in 2002 to 9.3% in 2007, then drug czar Walters missed his goal. He did less well with adult use almost unchanged, at 6.3% in 2000 and 5.9% in 2007.

The draft strategy, however, remains wedded to law enforcement, eradication, and interdiction, calls for strong federal support for local drug task forces, and explicitly rejects marijuana legalization. It also seeks to make drugged driving a top priority, which would be especially problematic if the administration adopts per se zero tolerance measures (meaning the presence of any metabolites of a controlled substance could result in a driver's arrest whether he was actually impaired or not).

Still, while the draft strategy is definitely a mixed bag, a pair of keen observers of ONDCP and federal drug policy pronounced themselves fairly pleased overall. While still heavy on the law enforcement side, the first Obama national drug strategy is a far cry from the propaganda-driven documents of Bush era drug czar John Walters.

The Good

"This is somewhat of a surprise, because for the first time they have included reducing the funds associated with the drug war in their strategy, although not in a big way, they're calling for reform of the crack/powder cocaine sentencing disparity, and they are calling for the reform of laws that penalize people," said Bill Piper, national affairs director for the Drug Policy Alliance. "This is the first time they've included anything recognizing that some of our policies are creating harm," he added.

"The stuff about syringe exchange and naloxone for overdose prevention is pretty good. It's the first time they've embraced any part of harm reduction, even though they don't use that name," Piper noted.

"I'm also impressed with the section on alternatives to incarceration," said Piper. "They basically said most drug users don't belong in jail, and a lot of dealers don't, either. It's still wedded to the criminal justice system, but it's good that they looked at so many different things -- drug courts, community courts, Operation Highpoint (warning dealers to desist instead of just arresting them as a means of breaking up open-air drug markets), programs for veterans. They seem interested in finding out what works, which is an evidence-based approach that had been lacking in previous strategies."

The Status Quo

"Drug war reformers have eagerly been waiting the release of President Obama's first National Drug Control Strategy," noted Matthew Robinson, professor of Government and Justice Studies at Appalachian State University and coauthor (with Renee Scherlen) of "Lies, Damned Lies, and Drug War Statistics: A Critical Analysis of Claims Made by the ONDCP." "Would it put Obama's and Kerlikowske's words into action, or would it be more of the same in terms of federal drug control policy? The answer is yes. And no. There is real, meaningful, exciting change proposed in the 2010 Strategy. But there's a lot of the status quo, too," he said.

"The first sentence of the Strategy hints at status quo approaches to federal drug control policy; it announces 'a blueprint for reducing illicit drug use and its harmful consequences in America,'" Robinson said. "That ONDCP will still focus on drug use (as opposed to abuse) is unfortunate, for the fact remains that most drug use is normal, recreational, pro-social, and even beneficial to users; it does not usually lead to bad outcomes for users, including abuse or addiction," he said.

"Just like under the leadership of Director John Walters, Kerlikowske's ONDCP characterizes its drug control approaches as 'balanced,' yet FY 2011 federal drug control spending is still imbalanced in favor of supply side measures (64%), while the demand side measures of treatment and prevention will only receive 36% of the budget," Robinson pointed out. "In FY 2010, the percentages were 65% and 35%, respectively. Perhaps when Barack Obama said 'Change we can believe in,' what he really meant was 'Change you can believe in, one percentage point at a time.'"

There is also much of the status quo in funding levels, Robinson said. "There will also be plenty of drug war funding left in this 'non-war on drugs.' For example, FY 2011 federal drug control spending includes $3.8 billion for the Department of Homeland Security (which includes Customs and Border Protection spending), more than $3.4 billion for the Department of Justice (which includes Drug Enforcement Agency spending), and nearly $1.6 billion for the Department of Defense (which includes military spending). Thus, the drug war will continue on under President Obama even if White House officials do not refer to federal drug control policy as a 'war on drugs,'" he noted.

The Bad

"ONDCP repeatedly stresses the importance of reducing supply of drugs into the United States through crop eradication and interdiction efforts, international collaboration, disruption of drug smuggling organizations, and so forth," Robinson noted. "It still promotes efforts like Plan Colombia, the Southwest Border Counternarcotics Strategy, and many other similar programs aimed at eradicating drugs in foreign countries and preventing them from entering the United States. The bottom line here is that the 'non war on drugs' will still look and feel like a war on drugs under President Obama, especially to citizens of the foreign nations where the United States does the bulk of its drug war fighting."

"They are still wedded to interdiction and eradication," said Piper. "There is no recognition that they aren't very effective and do more harm than good. Coming only a couple of weeks after the drug czar testified under oath that eradication in Colombia and Afghanistan and elsewhere had no impact on the availability of drugs in the US, to then put out a strategy embracing what he said was least effective is quite disturbing."

"The ringing endorsement of per se standards for drugged driving is potentially troubling," said Piper. "It looks a lot like zero tolerance. We have to look at this also in the context of new performance measures, which are missing from the draft. In the introduction, they talk about setting goals for reducing drug use and that they went to set other performance measures, such as for reducing drug overdoses and drugged driving. If they actually say they're going to reduce drugged driving by such and such an amount with a certain number of years, that will be more important. We'll have to see what makes it into the final draft."

"They took a gratuitous shot at marijuana reform," Piper noted. "It was unfortunate they felt the need to bash something that half of Americans support and to do it in the way they did, listing a litany of Reefer Madness allegations and connecting marijuana to virtually every problem in America. That was really unfortunate."

More Good

There are some changes in spending priorities. "Spending on prevention will grow 13.4% from FY 2010 to FY 2011, while spending on treatment will grow 3.7%," Robinson noted. "The growth in treatment is surprisingly small given that ONDCP notes that 90% of people who need treatment do not receive it. Increases are much smaller for spending on interdiction (an increase of 2.4%), domestic law enforcement (an increase of 1.9%), and international spending (an increase of 0.9%). This is evidence of a shift in federal drug control strategy under President Obama; there will be a greater effort to prevent drug use in the first place as well as treat those that become addicted to drugs than there ever was under President Bush."

Robinson also lauded the Obama administration for more clarity in the strategy than was evident under either Clinton or Bush. "Obama's first Strategy clearly states its guiding principles, each of which is followed by a specific set of actions to be initiated and implemented over time to achieve goals and objectives related to its principles. Of course, this is Obama's first Strategy, so in subsequent years, there will be more data presented for evaluation purposes, and it should become easier to decipher the ideology that will drive the 'non war on drugs' under President Obama," he said.

But he suggested that ideology still plays too big a role. "ONDCP hints at its ideology when it claims that programs such as 'interdiction, anti-trafficking initiatives, drug crop reduction, intelligence sharing and partner nation capacity building... have proven effective in the past.' It offers almost no evidence that this is the case other than some very limited, short-term data on potential cocaine production in Colombia. ONDCP claims it is declining, yet only offers data from 2007 to 2008. Kerlikowske's ONDCP seems ready to accept the dominant drug war ideology of Walters that supply side measures work -- even when long-term data show they do not."

Robinson also lauded ONDCP's apparent revelation that drug addiction is a disease. "Obama's first strategy embraces a new approach to achieving federal drug control goals of 'reducing illicit drug consumption' and 'reducing the consequences of illicit drug use in the United States,' one that is evidence-based and public health oriented," Robinson said. "ONDCP recognizes that drug addiction is a disease and it specifies that federal drug control policy should be assisted by parties in all of the systems that relate to drug use and abuse, including families, schools, communities, faith-based organizations, the medical profession, and so forth. This is certainly a change from the Bush Administration, which repeatedly characterized drug use as a moral or personal failing."

While the Obama drug strategy may have its faults, said Robinson, it is a qualitative improvement over Bush era drug strategies. "Under the Bush Administration, ONDCP came across as downright dismissive of data, evidence, and science, unless it was used to generate fear and increased punitive responses to drug-related behaviors. Honestly, there is very little of this in Obama's first strategy, aside from the usual drugs produce crime, disorder, family disruption, illness, addiction, death, and terrorism argument that has for so long been employed by ONDCP," he said. "Instead, the Strategy is hopeful in tone and lays out dozens of concrete programs and policies that aim to prevent drug use among young people (through public education programs, mentoring initiatives, increasing collaboration between public health and safety organizations); treat adults who have developed drug abuse and addiction problems (though screening and intervention by medical personnel, increased investments in addiction treatment, new treatment medications); and, for the first time, invest heavily in recovery efforts that are restorative in nature and aimed at giving addicts a new lease on life," he noted.

"ONDCP also seems to suddenly have a better grasp on why the vast majority of people who need treatment do not get it," said Robinson. "Under Walters, ONDCP claimed that drug users were in denial and needed to be compassionately coerced to seek treatment. In the 2010 Strategy, ONDCP outlines numerous problems with delivery of treatment services including problems with the nation's health care systems generally. The 2010 Strategy seems so much better informed about the realities of drug treatment than previous Strategy reports," he added.

"The strategy also repeatedly calls for meaningful change in areas such as alternatives to incarceration for nonviolent, low-level drug offenders; drug testing in courts (and schools, unfortunately, in spite of data showing it is ineffective); and reentry programs for inmates who need help finding jobs and places to live upon release from prison or jail. ONDCP also implicitly acknowledges that that federal drug control policy imposes costs on families (including the break-up of families), and shows with real data that costs are greater economically for imprisonment of mothers and foster care for their children than family-based treatment," Robinson noted.

"ONDCP makes the case that we are wasting a lot of money dealing with the consequences of drug use and abuse when this money would be better spent preventing use and abuse in the first place. Drug policy reformers will embrace this claim," Robinson predicted.

"The strategy also calls for a renewed emphasis on prescription drug abuse, which it calls 'the fastest growing drug problem in the United States,'" Robinson pointed out. "Here, as in the past, ONDCP suggests regulation is the answer because prescription drugs have legitimate uses that should not be restricted merely because some people use them illegally. And, as in the past, ONDCP does not consider this approach for marijuana, which also has legitimate medicinal users in spite of the fact that some people use it illegally," he said.

The Verdict

"President Obama's first National Drug Control Strategy offers real, meaningful, exciting change," Robinson summed up. "Whether this change amounts to 'change we can believe in' will be debated by drug policy reformers. For those who support demand side measures, many will embrace the 2010 Strategy and call for even greater funding for prevention and treatment. For those who support harm reduction measures such as needled exchange, methadone maintenance and so forth, there will be celebration. Yet, for those who support real alternatives to federal drug control policy such as legalization or decriminalization, all will be disappointed. And even if Obama officials will not refer to its drug control policies as a 'war on drugs,' they still amount to just that."

Saturday, May 1, 2010

Two Pasadena Narcotics Officers Indicted from Houston Chronicle

Two Pasadena narcotics officers indicted
By BRIAN ROGERS Copyright 2010 Houston Chronicle

April 29, 2010, 2:16PM
Two Pasadena police officers have been suspended with pay after being indicted on charges stemming from two separate incidents involving narcotics investigations.

Raymond Garivey, 39, was indicted on two counts of filing a false report, a class B misdemeanor, court records show.

He is accused of lying to a Harris County prosecutor by denying the existence a witness in a case. The witness, according to the Pasadena Police Department, had given information leading Garivey to arrest a suspect in possession of a large quantity of cocaine.

David Leal, 35, was indicted on two 2nd degree felony charges of tampering with a government record.

Charges against Leal focus on written statements in official documents about the circumstances surrounding Leal’s arrest of a suspect found with about three pounds of marijuana, according to the police department.

Both incidents were investigated by the Harris County District Attorney’s Office and Pasadena police internal affairs. Their cases were taken directly to the grand jury by prosecutors from the office’s public integrity division.

brian.rogers@chron.com

First Drug User Union Forms in San Francisco from Drug War Chronicle

First Drug User Union Forms in San Francisco
http://stopthedrugwar.org/chronicle/630/san_francisco_drug_user_union

Thanks to the on-the-ground efforts of local harm reductionists and the funding largesse of the Drug Policy Alliance, San Francisco is now the home of only the second drug user union in the United States. The nascent effort is just getting off the ground, but plans to follow in the footsteps of Canada's Vancouver Area Network of Drug Users (VANDU) and the New York City VOCAL drug user union affiliated with the NYC Aids Housing Network.

While self-identified drug user unions are rare in the US, they have a history dating back to the Dutch "junkiebund" of the 1970s. The movement is currently spreading internationally, with affiliates of the International Network of People Who Use Drugs (INPUD) operating in Europe, North America, South America, and Asia. And while medical marijuana patients did not refer to themselves as drug users, they have done similar organizing based on their use of the weed.

"We gave a $35,000 grant to the Harm Reduction Therapy Center to organize drug users in San Francisco, said Laura Thomas, DPA California state deputy director. "It is an annual grant, and future funding depends on HRTC re-applying for the funds. We have funded VOCAL in New York for several years."

DPA sees drug user groups as a key component in efforts to reduce the harms of both drug use and prohibitionist drug policies, said Thomas. "We hope that drug users in San Francisco will have a voice in policy decisions that affect them," she said. "We hope that they will become an active and organized part of efforts to reduce the harm related to both drugs and the war on drugs in San Francisco. The group is still in the process of forming and determining what their priority issues are, so I can't speak for what they are going to be working on."

"While we haven't quite chosen our main campaign, we've been talking about what we would ideally like San Francisco to look like, about having a safe place to inject, and about having a safe place to consume other drugs, too," said Alexandra Goldman, the organizer for the group. "Within a couple of months, we will choose our first official campaign," she vowed.

"We are also interested in working to decrease the stigma, both within and outside the drug using community," Goldman added. "We're trying to work with health care providers to make it a more positive experience. Our people tend to wait until they are very seriously ill because they are not treated very well. In our meetings, I'm hearing about how people don't get the prescribed pain medications they need because the doctors don't like them."

The group has already been active, joining in protests against the city's proposed ordinance barring people from sitting or lying on public sidewalks. Homeless people in neighborhoods like Haight-Asbury have roused the ire of business owners with their presence, but activists say they have no place to go and should not be criminalized.

The SF Drug User Union participation in the sit/lie protests makes sense given that many of its members are homeless and that its meetings are generally being held in homeless drop-in centers in the Tenderloin and the Mission. The group boasts about 25 members, with an emerging core group of 10 or 12, but is looking to expand by working with lower income communities and people involved in local harm reduction networks.

"We plan to be active consumers, giving our opinions and our voice on issues and policies that affect us," said Isaac Jackson, the other paid staffer for the union. "People are already asking us for our expertise."

So who can join the union? Anyone who identifies as a drug user, past or present, organizers said. Defining members in that manner allows people to get active without necessarily outing themselves as current users.

"There is no piss test to get into this group," said Jackson. "We have heroin users, speed users, people who drink, pot smokers. Some people think pot's not a big issue, but anyone who wants to work with us, we say 'right on.' We support the legalization campaign and we support medical marijuana. That's a success story, and so is needle exchange, and we'll be trying to learn from those."

The only rule at meetings is no drug dealing, said Jackson. "We don't want people to deal drugs at the meeting or endanger other people in the group by that kind of activity, but if people are carrying, so what? Some people have showed up tweaking. We don't want to say they can't come because they're too high. We want people to feel welcome whatever their level of sobriety."

Forming a drug user union in San Francisco has been an idea that's been batted around for at least a couple of years, but it took some cold, hard cash to make it happen. "There were some attempts to organize drug users in the past, and I was involved in those, but they didn't stick because people had other jobs," said Goldman. "But once that Drug Policy Alliance grant came in, I got hired in November and we had our first meetings in February."

"I worked at a small health agency working with homeless people with substance use here in the Tenderloin, and was also working with some people with the Youth Homeless Alliance in the Haight," said Jackson. "A lot of people said we ought to do something like VANDU. We had a conference here a couple of years ago to try to jump-start a safe injection site, but that was mostly health care providers, not drug users."

San Francisco has one of the highest rates of drug use per capita in the country, Jackson noted. "Since there is so much civil disobedience going on already -- the laws are wrong, when you have thousands of people doing something for a long period of time, it's like passive civil disobedience -- there was an opportunity there to give drug users a voice in a more organized way. We're consumers of all these services -- treatment, law enforcement, the whole drug industrial complex -- we're consumers and have no voice. The time was right for it to start here."

San Francisco organizers took advantage of last fall's DPA conference to learn from existing drug user groups on the continent. "I met with Ann Livingston from VANDU and I got in touch with some of the folks from VOCAL," Goldman said. "They work on stuff around syringe exchange, trying to pass statewide ordinances to keep police from hassling people with needles, things like that. And, of course, they're subject to the same ridiculous drug laws we are."

"Drug user groups such as VOCAL in New York, VANDU in Vancouver, and hopefully this group in San Francisco play an important role in drug policy change and ending the war on drugs," Thomas said. "Drug users are usually the people most directly affected by bad drug policies, and the least likely to have a voice in debates. Drug users as active participants in the political process also helps reduce the stigma that is attached to drug use and makes people reconsider their prejudices about what they think 'drug users' are like. The drug policy reform conversation can only benefit from the active participation of drug user groups."

Separate drug user union meetings are taking place every three weeks in the Tenderloin and Mission districts. For more information about joining the union, send an email to sf.users.union@gmail.com.

Friday, April 16, 2010

Drug Czar Gets Grilled on "New Directions in Drug Policy" from Drug war Chronicle


Drug Czar Gets Grilled on "New Directions in Drug Policy" By Skeptical Solons, Activists, and Academics

Gil Kerlikowske, head of the Office of National Drug Control Policy (ONDCP -- the drug czar's office), testified on Capitol Hill Wednesday that the Obama administration is seeking "a new direction in drug policy," but was challenged both by lawmakers and by a panel of academics and activists on the point during the same hearing. The action took place at a hearing of the House Domestic Policy Subcommittee in which the ONDCP drug budget and the forthcoming 2010 National Drug Strategy were the topics at hand.

The hearing comes in the wake of various drug policy reforms enacted by the Obama administration, including a Justice Department policy memo directing US attorneys and the DEA to lay off medical marijuana in states where it is legal, the removal of the federal ban on needle exchange funding, and administration support for ending or reducing the sentencing disparity between crack and powder cocaine offenders.

But it also comes in the wake of the announcement of the ONDCP 2011 drug budget, which at $15.5 billion is up more than $500 million from this year. While treatment and prevention programs got a 6.5% funding increase, supply reduction (law enforcement, interdiction, and eradication) continues to account for almost exactly the same percentage of the overall budget -- 64%--as it did in the Bush administration. Only 36% is earmarked for demand reduction (prevention and treatment).

Citing health care costs from drug use and rising drug overdose death figures, the nation "needs to discard the idea that enforcement alone can eliminate our nation's drug problem," Kerlikowske said. "Only through a comprehensive and balanced approach -- combining tough, but fair, enforcement with robust prevention and treatment efforts -- will we be successful in stemming both the demand for and supply of illegal drugs in our country."

So far, at least, when it comes to reconfiguring US drug control efforts, Kerlikowske and the Obama administration are talking the talk, but they're not walking the walk. That was the contention of subcommittee chair Rep. Dennis Kucinich (D-OH) and several of the session's panelists.

"Supply side spending has not been effective," said Kucinich, challenging the budget breakdown.

"Supply side spending is important for a host of reasons, whether we're talking about eradication or our international partners where drugs are flowing," replied the drug czar.

"Where's the evidence?" Kucinich demanded. "Describe with statistics what evidence you have that this approach is effective."

Kerlikowske was reduced to citing the case of Colombia, where security and safety of the citizenry has increased. But he failed to mention that despite about $4 billion in US anti-drug aid in the past decade, Colombian coca and cocaine production remain at high levels.

"What parts of your budget are most effective?" asked Kucinich.

"The most cost-effective approaches would be prevention and treatment," said Kerlikowske.

"What percentage is supply and what percentage is demand oriented?" asked Rep. Jim Jordan (D-OH).

"It leans much more toward supply, toward interdiction and enforcement," Kerlikowske conceded.

Rep. Darrell Issa (R-CA) was more old school, demanding a tougher response to Mexico's wave of prohibition-related violence and questioning the decision not to eradicate opium in Afghanistan. "The Southwest border is critical. I would hope the administration would give you the resources you need for a Plan Colombia on steroids," said Issa.

"There is no eradication program in Afghanistan," Issa complained. "I was in areas we did control and we did nothing about eradication."

"I don't think anyone is comfortable seeing US forces among the poppy fields," Kerlikowske replied. "Ambassador Holbrooke has taken great pains to explain the rationale for that," he added, alluding to Holbrooke's winning argument that eradication would push poppy farming peasants into the hands of the Taliban.

"The effectiveness of eradication seems to be near zero, which is very interesting from a policy point of view," interjected Rep. Bill Foster (D-IL).

Kucinich challenged Kerlikowske about harm reduction. "At the UN, you said the US supported many interventions, but you said that, 'We do not use the phrase harm reduction.' You are silent on both syringe exchange programs and the issue of harm reduction interventions generally," he noted. "Do you acknowledge that these interventions can be effective in reducing death and disease, does your budget proposed to fund intervention programs that have demonstrated positive results in drug overdose deaths, and what is the basis of your belief that the term harm reduction implies promotion of drug use?"

Kerlikowske barely responded. "We don't use the term harm reduction because it is in the eye of the beholder," he said. "People talk about it as if it were legalization, but personally, I haven't spent a lot of time thinking about whether to put a definition on it."

When challenged by Kucinich specifically about needle exchange programs, Kerlikowske conceded that they can be effective. "If they are part of a comprehensive drug reduction effort, they make a lot of sense," he said.

The grilling of Kerlikowske took up the first hour of the two-hour session. The second hour consisted of testimony from Drug Policy Alliance executive director Ethan Nadelmann, Brookings Institute foreign policy fellow and drugs and counterinsurgency expert Vanda Felbab-Brown, former ONDCP employee and drug policy analyst John Carnevale, and University of Maryland drug policy expert Peter Reuter. It didn't get any better for drug policy orthodoxy.

"Let me be frank," said Nadelmann as he began his testimony. "We regard US drug policy as a colossal failure, a gross violation of human rights and common sense," he said, citing the all too familiar statistics about arrests, incarceration, the spread of HIV/AIDS, and drug overdose deaths. "All of these are an egregious violation of fundamental American values."

"Congress and the Obama administration have broken with the costly and failed drug war strategies of the past in some important ways," Nadelmann. "But the continuing emphasis on interdiction and law enforcement in the federal drug war budget suggest that ONDCP is far more wedded to the failures of the past than to any new vision for the future. I urge this committee to hold ONDCP and federal drug policy accountable to new criteria that focus on reductions in the death, disease, crime and suffering associated with both drugs and drug prohibition."

Nadelmann identified four problems with current drug strategy:

The drug war's flawed performance measures;
The lop-sided ratio between supply and demand spending in the national drug budget;
The lack of innovation in the drug czar's proposed strategies;
The administration's failure to adequately evaluate drug policies.
"They want to move toward a public health model that focuses on reducing demand for drugs, but no drug policy will succeed unless there are the resources to implement it," said Carnevale. "Past budgets emphasizing supply reduction failed to produce results, and our drug policy stalled -- there has been no change in overall drug use in this decade."

Carnevale noted that the 2011 ONDCP budget gave the largest percentage increase to prevention and treatment, but that its priorities were still skewed toward supply reduction. "The budget continues to over-allocate funds where they are least effective, in interdiction and source country programs."

"The drug trade poses multiple and serious threats, ranging from threats to security and the legal economy to threats to legality and political processes," said Felbab-Brown, "but millions of people depend on the illegal drug trade for a livelihood. There is no hope supply-side policies can disrupt the global drug trade."

Felbab-Brown said she was "encouraged" that the Obama administration had shifted toward a state-building approach in Afghanistan, but that she had concerns about how policy is being operationalized there. "We need to adopt the right approach to sequencing eradication in Afghanistan," she said. "Alternative livelihoods and state-building need to be comprehensive, well-funded, and long-lasting, and not focused on replacing the poppy crop."

"Eradication in Afghanistan has little effect on domestic supply and reduction," said Kucinich. "Should these kinds of programs be funded?"

"I am quite convinced that spending money for eradication, especially aerial eradication, is not effective," replied Carnevale. "The point of eradication in Colombia was to reduce the amount of drugs coming into the US, but I see no such effect."

"We're dealing with global commodity markets," said Nadelmann. "If one source is knocked out, someone else will pop up. What's missing is any sort of strategic analysis or planning. If you accept that these drugs are going to be produced, you need to manage it to reduce the harms."

"The history of the last 20 years of the cocaine and heroin trade shows how much mobility there is in cultivation and trafficking," said Reuter. "What we do has a predictable effect. When we pushed down on trafficking in Florida, that lead to increases in Mexico. The evidence is striking that all we are doing is moving the trade."

Times are changing in Washington. What was once unassailable drug war orthodoxy is not under direct assault, and not just from activists and academics, but among members of Congress itself. But while the drug czar talks the happy talk about "new directions in drug policy," the Obama administration -- with some notable exceptions -- looks to still have a drug policy on cruise control.

http://stopthedrugwar.org/chronicle/628/drug_czar_ondcp_kerlikowske_testimony_nadelmann_felbab_brown_carnavale_reuter_kucinich