Corrupt Cops: Texas Trifecta for Christmas from Drug War Chronicle

from Drug War Chronicle, Issue #614, 12/29/09
It's a Texas trifecta for Christmas, plus an Alabama jail guard. Let's get to it:

If we can't keep drugs out of the prisons, how can we keep them out of the country?In San Antonio, the FBI is investigating the Bexar County Sheriff's Department's narcotics unit over allegations that some deputies unlawfully took evidence or stole money and property from people they detained or arrested. The probe has been going on for two years and has expanded from allegations of civil rights violations into investigating deputies who appear to be living beyond their means. Among accusations aimed at some members of the dope squad are that they used excessive force and threats and that they shook people down at apartment complexes where they worked private security jobs. The investigation began when a childhood friend of one of the deputies was arrested in Arkansas with 15 pounds of cocaine, and the deputy intervened, filing a report claiming the man was his informant. He wasn't.

In Kerrville, Texas, the former 198th District DA was indicted December 17 for misusing asset forfeiture funds. Former DA Ron Sutton is charged with two counts of misapplication of fiduciary property. The Sutton indictment comes after District Judge Karl Prohl resigned in September after a defense attorney complained to the Texas Commission on Judicial Conduct that Prohl was being biased in the DA's favor because he was benefitting from the DA's largesse with seized funds. Prohl had received $14,500 in checks from Sutton for training, equipment, and to attend a conference, as well as part of another $21,000 check for conferences in Hawaii, and a $6,000 check to cover per diem expenses during those same conferences. As presiding judge, Prohl approved all expenditures from the asset forfeiture fund. Prohl agreed to resign his judgeship "in lieu of disciplinary action" by the commission.

In Lubbock, Texas, a former chief deputy sheriff pleaded guilty December 20 for his role in a methamphetamine trafficking ring. Former Hockley County chief deputy Gordon Bohannon, 53, copped to conspiracy to distribute methamphetamine and now faces up to 10 years in federal prison. He was one of 28 people named in a July indictment alleging a motorcycle gang was running cash to Modesto, California, and returning to West Texas with the speed. Also indicted was another Hockley County deputy, Jose Jesus Quintanilla, who pleaded guilty last month to misprision of a felony. Both deputies provided information to the bikers that hindered efforts to shut down the ring.

In Guntersville, Alabama, a Marshall County jail guard was arrested Wednesday on drug charges. Guard Jeremy Wade Sanders, 32, was being held at his place of employment on charges of marijuana possession, attempt to promote prison contraband, and attempt to commit controlled substance crime.

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More U.S. States Weigh Marijuana Reform

High expectations? States weigh marijuana reform
By RACHEL LA CORTE, Associated Press Writer Rachel La Corte, Associated Press Writer
Mon Dec 28, 9:39 am ET

OLYMPIA, Wash. – Washington is one of four states where measures to legalize and regulate marijuana have been introduced, and about two dozen other states are considering bills ranging from medical marijuana to decriminalizing possession of small amounts of the herb.

"In terms of state legislatures, this is far and away the most active year that we've ever seen," said Ethan Nadelmann, executive director of the New York-based Drug Policy Alliance, which supports reforming marijuana laws.

Nadelmann said that while legalization efforts are not likely to get much traction in state capitals anytime soon, the fact that there is such an increase of activity "is elevating the level of public discourse on this issue and legitimizing it."

"I would say that we are close to the tipping point," he said. "At this point they are still seen as symbolic bills to get the conversation going, but at least the conversation can be a serious one."

Opponents of relaxing marijuana laws aren't happy with any conversation on the topic, other than keeping the drug illegal.

"There's no upside to it in any manner other than for those people who want to smoke pot," said Travis Kuykendall, head of the West Texas High Intensity Drug-Trafficking Area office in El Paso, Texas. "There's nothing for society in it, there's nothing good for the country in it, there's nothing for the good of the economy in it."

Legalization bills were introduced in California and Massachusetts earlier this year, and this month, New Hampshire and Washington state prefiled bills in advance of their legislative sessions that begin in January. Marijuana is illegal under federal law, but guidelines have been loosened on federal prosecution of medical marijuana under the Obama administration.

Even so, marijuana reform legislation remains a tough sell in some places. In the South, for example, only Mississippi and North Carolina have decriminalization laws on the books.

"It's a social and cultural thing," said Bruce Mirken, spokesman for the Marijuana Policy Project, a Washington, D.C.-based marijuana advocacy group. "There are some parts of the country where social attitudes are just a little more cautious and conservative."

Rep. Mary Lou Dickerson, a Seattle Democrat who is sponsoring the legalization bill in Washington state, said that she "wanted to start a strong conversation about the pros and cons of legalizing marijuana."

Under her bill, marijuana would be sold in Washington state's 160 state-run liquor stores, and customers, 21 and older, would pay a tax of 15 percent per gram. The measure would dedicate most of the money raised for substance abuse prevention and treatment, which is facing potential cuts in the state budget. Dickerson said the measure could eventually bring in as much to state coffers as alcohol does, more than $300 million a year.

"Our state is facing a huge financial deficit and deficits are projected for a few more years," Dickerson said, referring to the projected $2.6 billion hole lawmakers will need to fill next year. "We need to look at revenue and see what might be possible."

Allen St. Pierre, executive director of the National Organization for the Reform of Marijuana Laws, said that tough economic times across the country have lawmakers looking at everything, and may lead even more states to eventually consider the potential tax value of pot.

"The bean counters are now reporting back to their elected officials how much money is being left off the table," he said, adding that billions of dollars worth of pot is going untaxed.

Ron Brooks, president of the National Narcotics Officers' Associations' Coalition, said that he feared that, if legalized, marijuana would contribute to more highway accidents and deaths, as well as a potential increase in health care costs for those who smoke it.

State lawmakers, he said, need to ask themselves "if they believe we really will make all that revenue, and even if we did, will it be worth the suffering, the loss of opportunities, the chronic illness or death that would occur?"

Legalization isn't the only measure lawmakers across the country are weighing. About two dozen states, including Pennsylvania, New Jersey and Wisconsin, are considering bills ranging from medical marijuana to decriminalizing possession of small amounts of marijuana, St. Pierre said. Washington state is among the states that are considering decriminalization, with a bill that would reclassify adult possession of marijuana from a crime with jail time to a civil infraction with a $100 penalty.

Fourteen states, including Washington state, already have medical marijuana laws, and 13 have decriminalization laws on the books, St. Pierre said. About two dozen cities across the country, including Seattle, make marijuana offenses a low law-enforcement priority.

Marijuana advocates said that while increased activity in the statehouse is heartening, change most likely will come at the ballot box through voter-driven initiatives.

"Inevitably, the politicians are going to be behind the curve on this stuff," Nadelmann said, noting that almost all of the medical marijuana laws came about by initiative.

This month, a group campaigning to put a marijuana legalization measure before California voters said it had enough signatures to qualify for the 2010 ballot.

That proposal would legalize possession of up to one ounce of marijuana for adults 21 and older. Residents could cultivate marijuana gardens up to 25 square feet. City and county governments would determine whether to permit and tax marijuana sales within their boundaries. And in Nevada earlier this month, backers of a move to legalize marijuana there filed paperwork creating an advocacy group aimed at qualifying an initiative for the 2012 election.

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6,487 Dead Americans By: John H. Richardson from Esquire.com

A Radical Solution to End the Drug War: Legalize Everything
One cop straight out of The Wire crunches the numbers with Esquire.com's political columnist to discover that America's prohibition of narcotics may be costing more lives than Mexico's — and nearly enough dollars for universal health care. So why not repeal our drug laws? Because cops are making money off them, too.

By: John H. Richardson

We've heard a lot about the terrible death toll Mexico has suffered during the drug war — over 11,000 souls so far. This helps to account for the startling lack of controversy that greeted last week's news that Mexico had suddenly decriminalized drugs — not just marijuana but also cocaine, LSD, and heroin. In place of the outrage and threats that U.S. officials expressed when Mexico tried to decriminalize in 2006 was a mild statement, from our new drug czar, that we are going to take a "wait and see" approach.

Still, we've heard nothing about the American death toll. Isn't that strange? So far as I can tell, nobody has even tried to come up with a number.

Until now. I've done some rough math, and this is what I found:

6,487.

To repeat, that's 6,487 dead Americans. Throw in overdoses and the cost of this country's paralyzing drug laws is closer to 15,000 lives.

I'm basing these numbers on an interview with a high-ranking former narcotics officer named Neill Franklin. A member of the Maryland State Police for 32 years, Franklin eventually rose to the position of commander in Maryland's Bureau of Drug Enforcement. As he puts it, he was a classic "good soldier" in the drug war.

Franklin's turning point came in October of 2000. "I lost a very, very close friend of mine, a narcotics agent for Maryland State Police," he says. "His name was Ed Toatley. He was assassinated outside of Washington, D.C., trying to make a drug deal in a park. He had a wife, he had three kids. I had just spoken to him a couple of weeks prior to him getting assigned to this particular deal — he was finally going to bring this guy down, and lo and behold the guy kills him."

That got Franklin thinking. "I started doing the research and asking the questions: What progress are we making on this thing? And it turns out that not only are we losing kids who are in the game, but we are losing communities and fellow cops. We had lost a number of police officers in Baltimore alone."

Another turning point was 2002, when Angela Dawson and her five kids were murdered in East Baltimore by drug dealers she had been tying to keep from doing business in front of her house. "They fire-bombed the house late one night and the whole family perished," Franklin remembers.

So he started brooding on the drug war's body count. "Baltimore is a city of just a hair over 600,000 people. Our annual homicide rate was fluctuating between 240 and 300 every year for decades. Think about that: 240 to 300 homicides annually, and 75 percent to 80 percent are drug related. It's either gangs that are using drugs to support operations, or territorial disputes among drug dealers, or people just getting caught in the line of fire. And Baltimore is a small city compared to others," Franklin notes. "So we're not talking a handful of homicides; we're talking about the majority of the homicides in any city in the U.S. So if you add those cities up — just lowball it, take just 50 percent — I guarantee you, you'll find the numbers are quite similar to what they have in Mexico."

I took his advice. In 2007, the last year for which hard numbers are available, 16,425 people were murdered. Since our most recent Census said that 79 percent of the country is urban, I cut out the rural Americans — although there's plenty of drug use there, too — and came up with 12,975 urban homicides. Low-balling that number at 50 percent, I arrived at a rough estimate of 6,487 drug deaths. Using 75 percent, the toll rises to 9,731.

"And now we've got the cartel gangs coming up from Mexico," Franklin reminds me. "They're in over 130 cities in the U.S. already, and it's not going to get better."


Why Regulating Legal Drugs Fixes the Dead-Body Problem
Neill Franklin's solution is radical: "You have to take the money out of it. Many people talk about legalization and decriminalize — it's still illegal, but you're just not sending as many people to jail, especially for the nonviolent offenses. However, the money is still being made in the illegal sales, so you still have the drug wars. It's prohibition that's killing our people. That's why people are dying."

"So," I ask, "you want to legalize everything?"

"Yes. But I like to put it like this: I want regulation of everything. Because right now, I think they're confusing prohibition with regulation. What I'm talking about is applying standards — quality control, just like alcohol. We should have learned our lesson during alcohol prohibitions — we repealed the Eighteenth Amendment and applied standards of sale and manufacture, so it has to be a certain quality and you can't sell it to just anybody, and you still go to jail if you sell it to the wrong people. So, among other things, you'll also reduce overdoses — the majority of the overdoses we have is people who don't know what they're getting or buying because the purity level fluctuates. In addition, people are afraid to get help because they don't want to go jail, so they let their friends die."

So let's add overdoses to our death toll. In 2005, recent Senate testimony shows, 22,400 Americans died of drug overdoses. Leaving aside prescription drugs and counting only the 39 percent of overdoses attributed to cocaine, heroin, and methamphetamines, I count another 8,736 deaths.

That brings us to 15,223 Americans dead from the drug war.

But what about the argument that drugs will spread like wildfire if we don't keep bringing down the hammer?

"First, there's no concrete study to support such a belief — it's all completely speculation," Franklin insists. "So in my left hand I have all this speculation about what may happen to addiction rates, and then I look at my other hand and I see all these dead bodies that are actually fact, not speculation. And you're going to ask me to weigh the two? Second, if the addiction rate does go up, I'm going to have a lot of live addicts that I can cure. The direction we're going in now, I've got a lot of dead bodies."

I told Franklin I was surprised to hear a cop express so much sympathy for drug addicts. Even pro-drug types don't do that much. "I do have sympathy," he says. "What they're dealing with is a health issue, not a criminal issue. And as long as you treat it as a criminal issue, we're treating the symptom and not the cause."


Why Cleaning Up the Justice System Solves the Wasted-Money Problem
Last year, Franklin went public with his conclusions by joining a group called Law Enforcement Against Prohibition. Since then he's made it his business to talk to other cops about the subject, and he's been surprised by another discovery: "I find that 95 percent of my law-enforcement friends agree that we have to take a different direction, but they're not sure what direction that is — and probably 60 percent to 65 percent agree that we should legalize."

And why, exactly, don't we hear about a possibly overwhelming majority of police wanting to legalize — not just decriminalize, but legalize — major narcotics?

"Selfish reasons," he says. "There is a lot of money to be made in law enforcement. If we were to legalize, you could get rid of one third of every law-enforcement agency in this country."

Really? One third?

"And give back all the federal funds too. That's why very seldom will you see a police chief step forward and say, 'Yeah, we need to do this.'"

I made a stab at crunching those numbers, too. In 2003, America's local police budgets (PDF) were $43 billion dollars. A third of that: $12.9 billion. Add another $9 billion in domestic and international law enforcement (PDF) and the number rises to $21.9 billion.

Then consider America's prisons, the problems with which we've discussed here time and again. "The prison population is off the hook in this country," Franklin says. "In 1993, at the height of apartheid in South Africa, the incarceration of black males was 870 per 100,000. In 2004 in the U.S., for every 100,000 people we are sending 4,919 black males to prison. And the majority of those are for nonviolent drug offenses. But we'd rather send people to prison than give them information and treatment."

So... our federal prison budget in 2007 was $6.3 billion, and 55 percent of the prisoners were there for drug offenses. The total state-prison budget for the U.S. in 2007 was $49 billion, according to this study from the Pew Foundation, which found that "at least" 44 states had gone into the red to incarcerate their citizens. Using the same 55 percent number — which is probably low — we arrive at a rough total of the prison expenses associated with the drug war: $30.4 billion.

"I know jails are a big business and keep lot of people employed," Franklin says, "but it doesn't make it right."

To review, using what seem to be very conservative numbers, our first unofficial tally of the drug war in the United States is staggering:

15,223 dead and $52.3 billion spent each year — which is, incidentally, almost enough to pay for universal health care.

"We've got serious constitutional issues involved, too," Franklin adds. "Improper search and seizure is occurring every day..."

But I'll save that for another column.




Find this article at: http://www.esquire.com/the-side/richardson-report/drug-war-facts-090109

The Numbers Don't Add Up in Mexico's Drug War

The Numbers Don't Add Up in Mexico's Drug War

Posted by Kristin Bricker - November 29, 2009 at 10:35 pm Drug Seizures are Down; Drug Production, Executions, Disappearances, and Human Rights Abuses are Up

Just a week before Mexican president Felipe Calderon completes half of his six-year term, La Jornada reports that 16,500 extrajudicial executions have occurred during his administration. 6,500 of those executions have occurred in 2009, according to La Jornada’s sources in Calderon’s cabinet.

These latest numbers mean that 2009 will be another record-breaking year in Calderon’s drug war. In just three years in office, Calderon has surpassed his predecessor Vicente Fox’s narco-murder rate for his entire term in office. It is estimated that there were anywhere between 9,000 and 13,000 drug-related murders during Fox’s six-year term. Calderon has also beaten his own record: with one month left in the year, 2009’s 6,500 executions thus far have already surpassed last year’s 6,262.

The new numbers published by La Jornada suggest that the government had previously underreported drug war deaths. The government had previously reported 2,477 deaths in 2007 and 6,262 deaths in 2008, for a grand total of 8,739 deaths in 2007 and 2008. For the official numbers to have now reached 16,500 over the course of Calderon’s administration as sources within his own cabinet now claim, 7,761 people would have had to die in 2009, not the 6,500 that his cabinet claims. That’s a discrepancy of over 1,000 executions.

The discrepancy wouldn’t lie in mafia-related disappearances (that is, where someone is kidnapped and never reappears); the government counts those separately. 3,160 people have disappeared over the course of Calderon’s administration so far. For reference, it is estimated that 95 people disappeared during Vicente Fox’s entire six-year term.

Drug Seizures Down

The skyrocketing violence in Mexico can’t even be justified by the drug war’s quantitative results. According to the US government’s International Narcotics Control Strategy Report (INCSR), drug seizures have decreased since Calderon began his war on drugs, and drug production is on the rise.

The first graph below shows heroin and opium seizures in Mexico from 2006-2008 as reported in the INCSR. Calderon deployed the first soldiers in the war on drugs in December 2006, meaning that the overwhelming majority of the results reported in 2006 occurred under the mandate of his predecessor Vicente Fox. Therefore, 2006 is presented as a base value. 2008 is the most recent year data is available from the INCSR.



The chart shows that heroin seizures have fallen steadily since Calderon declared all-out war on drugs. Opium gum seizures showed a drastic spike in 2007, the first full year of Calderon’s war, but fell by nearly half in 2008. Opium poppy eradication showed a significant dip in 2007, and even though it rose slightly in 2008, it did not recover to its 2006 levels.

As the chart below shows, marijuana seizures and eradication have also fallen. Seizures rose slightly in 2007, but they have since fallen below their 2006 numbers. According to the INCSR, marijuana eradication has experienced a steady decline since 2003; Calderon’s war has done nothing to stem this trend.



The US State Department’s Merida Initiative spending plan, published last year, suggested that if drug seizures were to decline, as is occurring now, it could signal that Calderon is winning the war on drugs. According to the spending plan:

With additional resources devoted to interdiction efforts across Mexico, it is natural to expect an initial increase in the amounts of illicit materials (drugs, weapons, bulk cash, and other contraband) seized. However, it is important to note that should these efforts prove successful, it is likely that seizures will - at some undetermined point - decrease as criminal organizations weaken and trafficking routes are disrupted.
So could reduced seizure levels mean that Calderon's strategy has weakened drug trafficking organizations to the point that their industry has been significantly disrupted as the Merida Initiative spending plan suggests? Absolutely not. As the chart below shows, the INCSR reports that drug production levels in Mexico have increased across the board since Calderon began his war on drugs. (Drug production data for 2007 is not available.)



In other words, according to the US State Department, which prepares the INCSR and is responsible for overseeing the Merida Initiative, drug seizure and eradication is on the decline in Mexico, and drug production is on the rise. This means that since Calderon began his war on drugs, more Mexican drugs are on the market, not less.

Human Rights Abuses Increase

While executions are on the rise, drug seizures are down, and drug production is up, Mexico is also experiencing an alarming increase in human rights abuses perpetrated by government agents—particularly the army—in Calderon’s war on drugs. As Mexican human rights organizations have noted, human rights violations committed by members of the armed forces have increased six-fold over the past two years. This statistic is based on complaints received by the Mexican government’s official National Human Rights Commission (CNDH).

No Mas Abusos (No More Abuses), a joint project of the Miguel Agustín Pro Juárez Human Rights Center, the Fundar Center for Analysis and Investigation, and Amnesty International’s Mexico Section, monitors human rights abuses committed by soldiers, police, and other government agents. No Mas Abusos tracked human rights complaints received by the CNDH over the past few years. Its results are as follows:

Year, Number of Complaints, and Percentage


No Mas Abusos notes that human rights complaints filed with the CNDH “doubled from 2006 to 2007, and increased by over 330% in 2008 in relation to the previous year. The pattern that the complaints received in the first six months of 2009 demonstrate, which allows us to estimate the tendency for the entire year, indicate that [in 2009] we will see another significant increase in human rights complaints.” No Mas Abusos notes that, “It should be pointed out that the data presented in this edition of the No Mas Abusos bulletin only represents a partial percentage of the total number of victims of military abuses in the whole country.” This is because the data is based on complaints received by the CNDH, a government agency, and not all abuses result in formal complaints, either due to fear of retaliation of a lack of faith in the efficacy of filing complaints with the CNDH.

Is the Drug War Worth It?

The drug war in Mexico is a failure by all measures: security, human rights, and drug interdiction.

The Mexican government, on some level, seems to be realizing this. It announced in July that it would scale back the military’s involvement in day-to-day policing activities in Ciudad Juarez. Up until that point, Ciudad Juarez was “the Calderon-style laboratory for combating criminal organizations,” with soldiers taking over the majority of policing activities from local police. It was an experiment that went terribly wrong.

In July, the Chihuahua state Secretary of Public Security, Víctor Valencia de los Santos, and federal Public Security Secretary Genaro García Luna made the decision to scale back the military’s role in Ciudad Juarez because “the thousands of soldiers and municipal police have not done anything other than march through the whole city daily, and that surveillance strategy has not produced results other than ‘it winds up being too expensive in terms of gasoline and diesel consumption alone.’ All that in addition to the costs of feeding and housing the troops that come from other parts of the country.”

But now the military’s role in Ciudad Juarez won’t just be scaled back: Juarez’s Board of Regents has decided to remove the military entirely from the city. La Jornada reports: “Leopoldo Canizales of the Institutional Revolution Party (PRI) said that a study of the Military’s cost-effectiveness in no way favors the soldiers. The expected results have not been delivered because crime, murders, kidnappings, extortion, car thievery, and other crimes continue to increase.” According to local officials, in just eight months the city government has spent well over $14.5 million pesos ($1.3 million dollars) to sustain the military occupation. Furthermore, over a thousand complaints have been filed against soldiers and federal police in Juarez alone since January 2008; the majority of the complaints are for property damage and bodily harm. Faced with these facts, the Board of Regents decided to not renew the city’s contract with the defense department.

The drug war’s utter failure has led Mexico’s former Secretary of Foreign Relations, Jorge G. Castañeda, to call on the government “to reestablish the tacit modus vivendi agreement [a truce based on an agreement to disagree] that it had with the drug cartels because the policy of total confrontation with those organizations has not succeeded in stopping the violence,” reports El Universal.

Nonetheless, the drug war wages full-force in other parts of Mexico, and the United States government has not taken concrete actions to change the course of its involvement in Mexico’s drug war. The Obama administration will fully fund the military-heavy Merida Initiative, a plan conceived by Calderon and former US president George W. Bush to wage war on organized crime in Mexico. US Ambassador to Mexico Carlos Pascual announced that the US plans to continue funding the Initiative past its 2010 expiration date, but without its controversial name.

Chihuahua state congressman Victor Quintana argues that the US continues to wage and fund a failed war because it doesn’t have to suffer the consequences like Mexico does: "The United States doesn't feel the effects, because it has a hypocritical position. It is one of the biggest drug markets and at the same time one of the biggest sources of drug traffickers' weapons, and it doesn't pay the costs of that. It only enjoys the benefits of money laundering and drug trafficking.

"

International Drug Policy Developments

The Year on Drugs 2009: International Drug Policy Developments
Medical Marijuana: Congress Finally Lets District of Columbia Go for It
Appeal: Did You Know That We Are WINNING?
West Coast Weed Wars: Legalizing Legislators Come Out Swinging
Latin America: Mexico Drug War Update
Law Enforcement: This Week's Corrupt Cops Stories
Medical Marijuana: New Jersey Patient Acquitted of Most Serious Charge, Convicted of Others
Medical Marijuana: Wisconsin Bill Gets Public Hearing
Search and Seizure: Ohio Supreme Court Rules Police Need Warrant to Search Cell Phones
Europe: Czech Government Announces Decriminalization Quantities -- Law Goes Into Effect New Year's Day
The Caribbean: Jamaica Lawmakers Calls for Ganja Decriminalization
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The Year on Drugs 2009: International Drug Policy Developments
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from Drug War Chronicle, Issue #613, 12/18/09
As 2009 winds to a close, we review the global year in drug policy. There were a number of events of global significance -- the trend toward decriminalization of drug possession in Europe and Latin America, the slow spread of heroin maintenance therapy, the frontal assault on global prohibitionist orthodoxy at the UN -- as well as new developments in ongoing drug-policy related struggles from the poppy fields of Afghanistan to the cannabis cafes of Amsterdam.

This review can't cover everything -- it's a big world, and there's a lot happening in drug policy these days. Among the items worth at least mentioning in passing: Israel's embrace of medical marijuana, Canada's flirtation with mandatory minimum sentences for marijuana growers (still in process, and amended to be less harmful by the Canadian Senate), the continuing resort to the death penalty for drug offenses in the Middle East and Southeast Asia, the bemusing link between cannabis and schizophrenia apparently at work only in some Commonwealth countries, the Andean drug war (unchanged in its essential outlines this year), and the rise of poor West African nations as favored smugglers' destinations.

What about Mexico? There is one glaring omission here, but there is a reason for that: In the third year of Mexican President Felipe Calderon's offensive against the so-called drug cartels, the violence is more intense and destabilizing than ever. What is happening in Mexico is certainly a drug policy-related phenomenon of global significance, but this year, with more than a billion US dollars in the anti-drug aid pipeline, beefed up border security, official acknowledgement that insatiable American appetites play a crucial role, and growing public and political concern about the violence on the border, we will examine the Mexican drug war in the context of US domestic drug policy issues. Look for it to be among the Top 10 domestic drug policy stories in our feature next issue.

With that as a caveat, here are this year's biggest global drug policy developments:

Afghanistan: War on Drugs, Meet War on Terror



Afghan opiumEight years after the US and NATO forces invaded and occupied Afghanistan, driving the Taliban from power, the Taliban have returned with a vengeance, fueled by revenues from the country's primary cash crop: opium. Western estimates of Taliban income from the poppy and heroin trade are in the hundreds of millions of dollars annually, which buys a lot of shiny new weapons for the resurgent insurgents.

This year has been the bloodiest yet for Western occupiers, with 495 US and NATO forces killed this year, according to iCasualties.org. Part of the uptick in violence can be attributed to the Taliban's opium wealth, but the decision by US and NATO forces to move aggressively into the Taliban's eastern and southern heartlands, especially Helmand and Kandahar provinces, has also led to increased fighting and higher casualties.

In June, President Obama, adhering to his election campaign vows if not the wishes of his some of his most ardent supporters, moved to directly confront the drug trade, sending 20,000 troops into Helmand to take on the Taliban and allied traffickers. But while that looked like more of the same, just weeks later, the US announced a major shift in its anti-drug policy in Afghanistan when US envoy Richard Holbrooke announced the US would no longer participate in poppy eradication campaigns. That was a startling, reality-driven break from previous US policy in Afghanistan, as well as with current US policies against coca production in Colombia and Peru.

Instead of persecuting poverty-stricken opium-growing peasants, the US and NATO would concentrate on drug manufacturers and traffickers, but only those linked to the Taliban -- not those linked to the corrupt and illegitimate (after this fall's fraudulent election fiasco) regime of Afghan President Hamid Karzai. The US beefed up the in-country DEA contingent and even came up with a "hit list" of some 50 Afghan traffickers linked to the Taliban.

This fall, fighting has been intense in southern and eastern Afghanistan, as well as across the border in Pakistan, and now, the first of President Obama's promised 30,000-troop escalation is headed precisely for Helmand, where one of its first assignments will be to take and hold a major Taliban trafficking center. The war on drugs and the war on terror will continue to collide in Afghanistan, but now, at least, the imperatives of the war on terror have forced a historic shift in US anti-drug policy, at least in Afghanistan.

Latin American Leaders Call for a Drug Policy Paradigm Shift



Commission panel, former President of Colombia Cesar Gaviria on left (courtesy comunidadsegura.org)In February, a blue-ribbon panel of Latin American leaders, including former Brazilian President Fernando Henrique Cardoso, former Mexican President Ernesto Zedillo, and former Colombian President Cesar Gaviria issued a report and statement saying the US-led war on drugs has failed and it is time to consider new policies, particularly treating drug use as a public health matter and decriminalizing marijuana possession.

The report, Drugs and Democracy: Toward a Paradigm Shift, is the work of the Latin American Commission on Drugs and Democracy, which also includes prominent writers Paulo Coelho, Mario Vargas Llosa, Sergio Ramírez and Tomás Eloy Martínez as well as leading scholars, media members and politicians.

Latin America is the leading exporter of both cocaine and marijuana. As such, it has faced the ravages of heavy-handed American anti-drug interventions, such as Plan Colombia and earlier efforts to destroy the Bolivian coca crop, as well as the violence of drug trafficking organizations and politico-military formations of the left and right that have grown wealthy off the black market bonanza. And while the region's level of drug consumption has historically been low, it is on the rise.

"The main reason we organized this commission is because the available evidence indicates the war on drugs is a failed war," said Cardoso at a February press conference in Rio de Janeiro to announce the report. "We need a different paradigm to cope with the problem of drugs. The power of organized crime is undermining the very foundations of democracy in some Latin American countries. We must acknowledge that these policies have failed and we must break the taboo that prevents us from discussing different strategies."



''Global Marijuana Day'' demonstration in Mexico City, May 2008The report garnered considerable attention, not only in the US and Latin America, but worldwide, and it set the tone for a very reformist year in Latin America.

Mexico Decriminalizes Drug Possession

In May, Mexico decriminalized the possession of small amounts of illicit drugs, including up to five grams of marijuana, a fifth-gram of ecstasy and methamphetamine, a tenth-gram of heroin, and a half-gram of cocaine. The new law closely resembled a 2006 decriminalization bill that had passed the legislature only to die in the face of US protests. There were no US protests this time.

With the Mexican government's action, drug decriminalization has now reached the very borders of the US.

But, according to well-placed observers, the Mexican decriminalization is a case of two steps forward, one step back. In addition to decriminalizing possession of very small amounts of drugs, the new law grants drug enforcement powers to state and local police forces that they never had before. That could mean an increase in the arrests and prosecution of retail-level drug sellers. Still, the long-term political ramifications could be helpful; as one observer noted, "the headline will read that Mexico decriminalized drugs."

Argentina Decriminalizes Marijuana Possession, Laws Against Possessing Other Drugs Tremble



Supreme Court of ArgentinaWhile Mexico decriminalized through the legislative process, Argentina is doing it through the courts. In a series of cases dating back to 2006, Argentine judges have grown increasingly skeptical of arguments for criminalizing drug use. In the spring, judges in Buenos Aires threw out marijuana cultivation charges against a defendant, saying the plants were for personal use, and the following month, a federal appeals court threw out ecstasy possession charges against a group of defendants, again saying the drugs were for personal use. In both cases, the courts cited a 2006 Argentine Supreme Court ruling that it was the burden of the state "to demonstrate unequivocally that the drugs were not for personal use." In the ecstasy case, the appeals court held that the portion of the country's drug law regarding drug possession must be declared unconstitutional.

In August, the Supreme Court did just that, using another marijuana possession case to rule that the section of the country's drug law that criminalizes drug possession is unconstitutional.While the ruling referred only to marijuana possession, the portion of the law it threw out makes no distinction among drugs.

Imprisoning people absent harm to others violates constitutional protections, a unanimous court held. "Each individual adult is responsible for making decisions freely about their desired lifestyle without state interference," their ruling said. "Private conduct is allowed unless it constitutes a real danger or causes damage to property or the rights of others. The state cannot establish morality."

"It is significant that the ruling was unanimous," said Martin Jelsma, coordinator of the Drugs and Democracy program at the Transnational Institute, which has worked closely with Latin American activists and politicians on drug reform issues. "It confirms the paradigm shift visible throughout the continent, which recognizes that drug use should be treated as a public health matter instead of, as in the past, when all involved, including users, were seen as criminals."

UN's Global Anti-Drug Bureaucracy Meets Organized Resistance



demonstration at the UN drug meeting, ViennaIt wasn't like this a decade ago, the last time the UN General Assembly Special Session on drugs took place. This year, for the first time, the UN's global anti-drug bureaucracy ran into organized resistance when its Committee on Narcotic Drugs (CND) met in March in Vienna. Not only did a large contingent of drug reform, human rights, and public health NGOs show up to challenge global prohibitionist orthodoxy, they were joined by a number of European and Latin American countries showing serious signs of defecting from the half-century old prohibitionist consensus.

In the end, the CND issued a political statement and plan of action that largely reaffirmed existing prohibitionist policies and ignored harm reduction, but with some victories for reformers both substantive and symbolic. For one, the US delegation finally removed its objection to needle exchanges.

But if the global anti-drug bureaucracies ignored their critics in their report, they were impossible to ignore in Vienna. Demonstrations took place outside the meeting hall, and Bolivian President Evo Morales brandished then chewed coca leaves as he demanded that his country's sacred plant be removed from the list of proscribed substances.

Even UN Office on Drugs and Crime head Antonio Maria Costa was forced to publicly acknowledge the failures and unintended consequences of prohibition. In his address opening the session, Costa bravely argued that "drugs are not harmful because they are controlled; they are controlled because they are harmful," but was forced to concede that prohibition had created a dire situation in some places. "When mafias can buy elections, candidates, political parties, in a word, power, the consequences can only be highly destabilizing" he said. "While ghettoes burn, West Africa is under attack, drug cartels threaten Central America and drug money penetrates bankrupt financial institutions."

All the more reason to challenge prohibitionism and its consequences. After this year, the global anti-drug bureaucracy knows that not only is its long-held consensus under assault, it is beginning to crack.

Czech Republic Decriminalizes Drug Possession, Finally Sets Quantity Limits



Czech marijuana reform demonstration, 2005 (courtesy Michal Vlk)Following in Portugal's footsteps, authorities in the Czech Republic voted late last year to decriminalize the possession of "smaller than large amounts" of drugs. But that term was vague, leaving its interpretation up to police and prosecutors and resulting in situations where people like personal marijuana growers were being charged as traffickers.

This month, Czech authorities formalized "smaller than large amounts." The new guidelines mean Czechs will suffer neither arrest nor prosecution for up to 15 grams or five marijuana plants, five grams of hashish, 40 magic mushroom segments, five peyote plants, five LSD tablets, four ecstasy tablets, two grams of amphetamine or methamphetamine, 1.5 grams of heroin, five coca plants, or one gram of cocaine.

The new quantity rules go into effect on January 1.

Science vs. Politics in Great Britain

The British Advisory Council on the Misuse of Drugs (ACMD) is an official body charged with providing evidence-based analysis of drug policy issues for the British Home Office. Tensions between the ACMD and the Labor government of Prime Minister Gordon Brown had been on the rise since it rejected the ACMD's recommendation that marijuana, which had been down-scheduled from a Class B to a Class C (least harmful) drug under Brown's predecessor, Tony Blair, remain at Class C. The government instead up-scheduled it back to Class B.



David NuttThe ACMD was slighted again in February, when it recommended that ecstasy be down-scheduled from Class A (most harmful) to Class B, only to have the Home Office reject that recommendation the same day. ACMD head Professor David Nutt also drew heated criticism from the Home Office -- as well as Britain's horsey set -- for heretically suggesting that ecstasy was safer than horse-riding. Nutt was forced to apologize for his remarks.

After a relatively quiet summer, the clash between drug science and drug politics exploded anew when Home Secretary Alan Johnson fired Nutt in late October for again criticizing the government's refusal to follow the science-based recommendations of the panel. That firing caused a huge fire storm of protest, including the resignations of at least six ACMD members, and was splashed across newspaper front pages for weeks.

Now, the credibility of the Labor government and its adherence to evidence-based policy-making have been called into serious doubt, as it becomes clear that Home Office drug scheduling decisions are driven by a political calculus, not a scientific one. And if the Home Office thought firing Nutt was going to make him go away, it was sadly mistaken. Nutt is maintaining a high public profile and is vowing to set up his own independent drug panel.

Whither Holland's Cannabis Coffee Shops?



downstairs of a Maastricht coffee shop (courtesy Wikimedia)This year has seen the long-running battle over the Netherland's famous cannabis coffee shops continue to escalate. Under the Dutch policy of "gedogen," or pragmatic tolerance, marijuana remains technically illegal in Holland, but the sale and possession of small amounts is tolerated and even regulated.

But that tolerant policy is not a favorite of the conservative coalition national government, and it has created a number of problems. "Drug tourism," as the influx of border town marijuana buyers from more repressive neighboring countries is known, has led to everything from traffic jams to public urination to lurking hard-drug peddlers.

And Holland's halfway approach to marijuana policy -- it does not allow for the regulated provision of marijuana to the coffee houses -- has led to the "backdoor problem," in which coffee shop proprietors must rely on criminal-by-definition suppliers to provide them with their product. That provides additional ammunition for the anti-coffee shop crowd.

The conservative coalition government, however, is split on how best to rein in the coffee shops and has promised not to take action at the national level until after the 2010 elections. That has left the field to local authorities, and they have responded.

In March, the "drug tourism" problem resulted in the announcement by the mayors of Roosendaal and Bergen op Zoom that they would close all the coffee shops in their towns by September. In May, the mayors of the eight towns in the border province of Limburg announced coffee shops would be "members only." In August, the Dutch government announced it was providing more than $200,000 for a pilot "members only" program in the border town of Maastricht. Court challenges from coffee shop owners have so far failed to stop any of this.

Meanwhile, in Amsterdam, an urban renewal plan unveiled in May called for a reduction in coffee shops there from 226 to 192, with a 50% reduction in the number of coffee shops in the central Red Light District. But just last week, Amsterdam Mayor Job Cohen fought back, saying that national coffee house policy should not be based solely on border "drug tourism" concerns, that he opposed the "members only" option, and that he rejected a ban on coffee houses within 250 yards of schools.

Holland's marijuana coffee shops have been around for more than 30 years now, but as was made clear this year, they will continue to be a battle front between the forces of Dutch conservatism and Dutch liberal pragmatism.

Heroin Maintenance Continues to Spread



maintenance programs can make heroin addiction cleaner and saferThis year saw a continuation of the slow spread of heroin maintenance programs for severely addicted users unamenable to other forms of drug treatment. At the beginning of the year, permanent or pilot heroin prescription programs were in place in Britain, the Netherlands, Spain, and Switzerland.

Denmark joined the club in February and Germany came aboard in June. These moves come after Switzerland voted in a popular referendum last year to move from a pilot to a permanent heroin maintenance program, based on favorable results from the pilot program.

Canada is about to join the club, too. After the success of the three-year North American Opiate Maintenance Initiative (NAOMI) in Vancouver, Canadian researchers are moving forward with SALOME (the Study to Assess Long-term Opiate Maintenance), a pilot heroin maintenance program set for Vancouver and Montreal. But as of late last month, Montreal's participation was a question mark after Quebec authorities said they would not pay their share of program costs.

Despite lingering political distaste for heroin by prescription, the body of evidence demonstrating its efficacy -- in terms of users' quality of life, public health, and public safety -- continues to grow. There has even been some discussion of bringing a heroin maintenance pilot program to the US. Dr. Peter Reuter, the renowned University of Maryland drug policy expert, authored a study this summer about the possibility of a pilot program in Baltimore.

There is an old saw about not being able to turn an ocean liner on a dime. That's certainly true when it comes to changing drug policies for the better at the national or international level. But each year, it seems that more progress is being made. Let's see what 2010 brings.

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Texas cuts costs amid prison reform

Texas cuts costs amid prison reform
New treatment programs credited as prison population slows
By CINDY HORSWELL
HOUSTON CHRONICLE
Dec. 15, 2009, 9:24AM
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Print Share Del.icio.usDiggTwitterYahoo! BuzzFacebookStumbleUponTexas has a long-standing reputation, branded in the culture of the Old West, as a state that is tough on crime.

Since the 1990s, the Lone Star state has been locking up criminals at an incredible rate. But housing all those Texas prisoners — which state authorities say once grew to equal the size of the entire federal prison system — was costly.

Now, Texas has a new swagger that comes from a recently released U.S. Justice Department report showing the growth of the state's prison population is slowing to the extent that three new prisons slated for construction have been scrapped. At the same time, the state is becoming the unlikely new role model for a prison reform movement spreading across the country.

State Rep. Jerry Madden, R-Plano, and state Sen. John Whitmire, D-Houston, worked across partisan lines to implement the “reinvestment movement” in 2007, which they say is just starting to show results. The program invests state funds in drug, alcohol and mental health programs to treat offenders rather than just prisons to house them.

“Texas is showing the rest of the country that if you look at research you can find ways to cut costs and crime at the same time,” said Adam Gelb, director of the Pew Center's public safety performance project, a nonprofit think tank. “Just this week the work that Texas has done was featured prominently at the national conference on state legislatures in San Diego. States are learning that they just can't build their way out of crime.”

Tony Fabelo, research director for the Justice Center for the Council of State Governments, helped Texas develop its program and is pleased to see the prison population stabilizing.

According to the Justice Department's national report on prisons released this week, the number of admissions to Texas prisons increased by 0.4 percent in 2008, which is much lower than the average increase of 3 percent that had occurred since 2000. The Texas Department of Corrections also reports that its cellblocks are being vacated so quickly that the prison population has stopped growing altogether and instead declined by 1,050 inmates from 2008 through this monthto 155,076.

Reversing a trend
Bill Sabol, a U.S. Justice Department statistician who wrote the report, said Texas was also one of two states showing the biggest drop in imprisonment rates. The number of people imprisoned per 100,000 population decreased by 30, going from 669 to 639 per 100,000.

Yet the number of people incarcerated in Texas still far exceeds the national average of 504 per 100,000 population, he added.

If these reforms keep progressing according to plan, Madden said, “We will not need to build another prison for five years.”

That reverses the trend that began in the 1980s. Between 1985 and 2005, the state prison population grew 300 percent and Texas spent $2.3 billion adding 108,000 beds.

But by 2005, Texas had reached a turning point: Either spend half a billion dollars to house 17,000 new prisoners or spend less than half that amount to reduce the prison population through treatment programs.

The result was 10,000 beds were set aside for substance abuse and mental programs for probationers, parolees and prisoners,

“The research showed that our prisons were being overwhelmed by those who could receive alternative treatment to incarceration and therefore preserve our resources for the dangerous violent offender,” Madden said.

He noted drastic cuts had been made to community-based treatment facilities by the 2003 Legislature. By 2006 more than 2,000 adults were on waiting lists.

Other changes were also made, such as setting a maximum limit for parole caseloads so that parolees had adequate supervision and investing in a program that partners nurses with low-income mothers to teach childcare skills.

Parole violations drop
What worried some critics was that crime might have a resurgence under these “feel-good” measures, said Marsha McLane, Madden's policy director. “But a lot of times offenders would much rather select a stint in jail rather than going through treatment and follow-up,” she said. “The key is getting the right person in treatment, not the violent offenders.”

The results have been promising. The state reports a dramatic 25 percent drop in parole violators being returned to prison while the number of those being paroled has increased by 3 percent.

“We've made a marked improvement in the re-entry of people released from prison,” Madden said.

He added that county jails are now no longer being used to house prisoners for the state as used to occur.

At the same time, communities across the state have been safer: The Texas Department of Public Safety reported major crime decreased by 3 percent in 2008.

Madden, who overcame stiff competition in his last re-election bid by an opponent who criticized him for being soft on crime, hopes to see funding for these treatment programs continue.

“We're a proud people who don't like change,” Madden said. “But now being tough and smart on crime is a better utilization of the taxpayer dollar.”

cindy.horswell@chron.com

Prosecution: No More Crack Pipe Felonies for Houston

from Drug War Chronicle, Issue #612, 12/11/09

Beginning January 1, prosecutors in Harris County, Texas, will no longer file felony drug charges against people found with less than one one-hundredth of a gram of illegal drugs. Currently in Houston, people caught with trace amounts of drug or holding crack pipes with drug traces are routinely charged with felonies.

But under a new policy promulgated by Harris County District Attorney Pat Lykos, police are instructed to instead issue Class C misdemeanor tickets to people caught in possession of crack pipes or trace amounts of drugs. That means arrestees will face only a $500 fine, not the up to two years in state jail mandated by the felony charge.

The cops are not happy. "It ties the hands of the officers who are making crack pipe cases against burglars and thieves," said Gary Blankinship, president of the Houston Police Officers' Union. "A crack pipe is not used for anything but smoking crack by a crack head. Crack heads, by and large, are also thieves and burglars. They're out there committing crimes," he told the Houston Chronicle.

But Lykos told the Chronicle there were good reasons to change the policy. Less than one-hundredth of a gram of a drug is not enough for more than one drug test, and defense attorneys often want to run their own tests, she said.

The policy change also "gives us more of an ability to focus on the violent offenses and the complex offenses," she added. "When you have finite resources, you have to make decisions, and this decision is a plus all around."

Last year, Harris County prosecutors filed 46,000 felony cases, with 13,713, or nearly 30%, for possession of less than a gram of controlled substances. It is difficult to say how many of those would not have been charged as felonies under the new policy because most were charged only as possession of less than a gram.

While police are grumbling, defense attorneys are beaming. "It's a smart move and it's an efficient move and it lets us get down to the business of handling criminal cases of a more serious magnitude," Nicole Deborde, president-elect of the Harris County Criminal Lawyers Association, told the Chronicle.

Right and Left Join Forces on Criminal Justice from New York Times

This copy is for your personal, noncommercial use only. You can order presentation-ready copies for distribution to your colleagues, clients or customers here or use the "Reprints" tool that appears next to any article. Visit http://www.nytreprints.com/ for samples and additional information. Order a reprint of this article now.

November 24, 2009
Right and Left Join Forces on Criminal Justice
By ADAM LIPTAK
WASHINGTON — In the next several months, the Supreme Court will decide at least a half-dozen cases about the rights of people accused of crimes involving drugs, sex and corruption. Civil liberties groups and associations of defense lawyers have lined up on the side of the accused.
But so have conservative, libertarian and business groups. Their briefs and public statements are signs of an emerging consensus on the right that the criminal justice system is an aspect of big government that must be contained.
The development represents a sharp break with tough-on-crime policies associated with the Republican Party since the Nixon administration.
“It’s a remarkable phenomenon,” said Norman L. Reimer, executive director of the National Association of Criminal Defense Lawyers. “The left and the right have bent to the point where they are now in agreement on many issues. In the area of criminal justice, the whole idea of less government, less intrusion, less regulation has taken hold.”
Edwin Meese III, who was known as a fervent supporter of law and order as attorney general in the Reagan administration, now spends much of his time criticizing what he calls the astounding number and vagueness of federal criminal laws.
Mr. Meese once referred to the American Civil Liberties Union as part of the “criminals’ lobby.” These days, he said, “in terms of working with the A.C.L.U., if they want to join us, we’re happy to have them.”
Dick Thornburgh, who succeeded Mr. Meese as attorney general under President Ronald Reagan and stayed on under President George Bush, echoed that sentiment in Congressional testimony in July.
“The problem of overcriminalization is truly one of those issues upon which a wide variety of constituencies can agree,” Mr. Thornburgh said. “Witness the broad and strong support from such varied groups as the Heritage Foundation, the Washington Legal Foundation, the National Association of Criminal Defense Lawyers, the A.B.A., the Cato Institute, the Federalist Society and the A.C.L.U.”
In an interview at the Heritage Foundation, a conservative research group where he is a fellow, Mr. Meese said the “liberal ideas of extending the power of the state” were to blame for an out-of-control criminal justice system. “Our tradition has always been,” he said, “to construe criminal laws narrowly to protect people from the power of the state.”
There are, the foundation says, more than 4,400 criminal offenses in the federal code, many of them lacking a requirement that prosecutors prove traditional kinds of criminal intent.
“It’s a violation of federal law to give a false weather report,” Mr. Meese said. “People get put in jail for importing lobsters.”
Such so-called overcriminalization is at the heart of the conservative critique of crime policy. The U.S. Chamber of Commerce made the point in a recent friend-of-the-court brief about a federal law often used to prosecute corporate executives and politicians. The law, which makes it a crime for officials to defraud their employers of “honest services,” is, the brief said, both “unintelligible” and “used to target a staggeringly broad swath of behavior.”
The Supreme Court will hear three cases concerning the honest-services law this term, indicating an exceptional interest in the topic.
Harvey A. Silverglate, a left-wing civil liberties lawyer in Boston, says he has been surprised and delighted by the reception that his new book, “Three Felonies a Day: How the Feds Target the Innocent,” has gotten in conservative circles. (A Heritage Foundation official offered this reporter a copy.)
The book argues that federal criminal law is so comprehensive and vague that all Americans violate it every day, meaning prosecutors can indict anyone at all.
“Libertarians and the civil liberties left have always had some common ground on these issues,” said Radley Balko, a senior editor at Reason, a libertarian magazine. “The more vocal presence of conservatives on overcriminalization issues is really what’s new.”
Several strands of conservatism have merged in objecting to aspects of the criminal justice system. Some conservatives are suspicious of all government power, while others insist that the federal government has been intruding into matters the Constitution reserves to the states.
In January, for instance, the Supreme Court will hear arguments in United States v. Comstock, about whether Congress has the constitutional power to authorize the continued confinement of people convicted of sex crimes after they have completed their criminal sentences.
Then there are conservatives who worry about government seizure of private property said to have been used to facilitate crimes, an issue raised in Alvarez v. Smith, which was argued in October.
“A joint on a yacht, and the whole thing is forfeited,” said Paul Cassell, a law professor at the University of Utah and a former federal judge appointed by President George W. Bush.
Some religious groups object to prison policies that appear to ignore the possibility of rehabilitation and redemption, and fiscal conservatives are concerned about the cost of maintaining the world’s largest prison population.
“Conservatives now recognize the economic consequences of a criminal justice leviathan,” said Erik Luna, a law professor at Washington and Lee University.
The roots of the conservative re-examination of crime policy might also be found in the jurisprudence of Justices Antonin Scalia and Clarence Thomas. The two justices, joined by liberal colleagues, have said the original meaning of the Constitution required them to rule against the government in, among other areas, the rights of criminal defendants to confront witnesses.
“Scalia and Thomas are vanguards of an understanding by the modern right that its distrust of government extends all the way to the criminal justice system,” said Douglas A. Berman, a law professor at Ohio State University.
The court will hear another confrontation clause case, Briscoe v. Virginia, in January. It is a sequel to a decision in June that prosecutors may not use crime lab reports without live testimony from the analysts who prepared them.
The conservative re-evaluation of crime policy is not universal, of course. Two notable exceptions to the trend, said Timothy Lynch, director of the Cato Institute’s criminal justice project, are Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr.
“Roberts and Alito are coming down consistently on the side of the government in these criminal justice cases,” Mr. Lynch said.
Some scholars are skeptical about conservatives’ timing and motives, noting that their voices are rising during a Democratic administration and amid demands for accountability for the economic crisis.
“The Justice Department now acts as a kind of counterweight to corporate power,” said Frank O. Bowman, a law professor at the University of Missouri. “On the other side is an alliance between two strands of conservative thinking, the libertarian point of view and the corporate wing of the Republican Party.”
Mr. Meese acknowledged that the current climate was not the ideal one for his point of view. “We picked by accident a time,” he said, “when it was not a very popular topic in light of corporate frauds.”
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Steps being taken to help Harris County mental health inmates

Steps being taken to help Harris County mental health inmates
by Alex Sanz
Posted on November 22, 2009 at 6:55 PM
Updated today at 6:55 PM


HOUSTON -- The head of the Harris County Judicial Mental Health Task Force is expected to present sweeping recommendations on how to help mental health inmates at the Harris County Jail in a report to be presented to county commissioners in December.
Among the recommendations crafted by the prominent Houston attorney George Parnham is a reintegration center where inmates with mental health problems can be transitioned back into society.
Harris County, he said, needed to provide inmates with case managers to help them secure employment, housing and social services. The process would begin at the Harris County Jail and eventually move to a stand-alone facility.
"The Harris County Jail is the largest mental health facility probably in the state of Texas and ranks, I'm sure, in the top ten in the United States," he said. "It is, without question, a warehouse whereby we just stack beds and put people that are mentally ill in them. It's something that touches everybody. Either directly or indirectly. And people have to become aware of it."
There are as many as 10,000 inmates, on any given day, at the Harris County Jail. About 20 percent have a history of mental problems. Statistics show the vast majority of them will reoffend and end up back in jail.
"We're [finally] talking about it," said Parnham, who spent much of the past year working with the mental health task force at the request of Sheriff Adrian Garcia. "There are systems in place in the county jail that answer some of these issues but we're not going to let go of this."
Final cost estimates had not been finalized but Parnham said the proposed reintegration center would ease jail overcrowding and become a model for other law enforcement agencies in Texas.

Judicial Executions in Drug War from Drug war Chronicle

Drug War Chronicle - world’s leading drug policy newsletter
Latin America: Former Mexican Foreigner Minister Accuses Army of Extra-Judicial Executions in Drug War
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from Drug War Chronicle, Issue #609, 11/20/09
Jorge Castañeda, Mexico's foreign minister under President Vicente Fox, said Saturday that the Mexican military is engaging in the extrajudicial execution of members of drug trafficking organizations. The frank and surprising comments came as Castañeda spoke on a panel at the 2009 International Drug Policy Reform Conference in Albuquerque, New Mexico.
Jorge Castañeda"We are having more and more 'false positives,'" Castañeda said, referring to a term used in Colombia to describe people executed by the military and then described as guerrillas killed in combat. "Here in Mexico, apparent gang war killings are in fact being carried out by the military. Every time the cartels catch the police and military infiltrators and slice them up, the army says 'We're taking out ten of yours.' The statistics say that 90% of the killings are within the cartels, but the army is engaging in these killings."
President Felipe Calderon deployed the military against the so-called cartels in December 2006. Since then, more than 15,000 people have been killed in prohibition-related violence in Mexico, including more than 6,000 so far this year. Hundreds of police and soldiers are among the dead.
In response to a question asking for documentation of his assertions, Castañeda said: "The only known incident was a town in Chihuahua where the bodies of 29 sicarios (assassins) were found, with witnesses who said this was after they were detained. The press has not wanted to investigate this."
But the military can't keep its mouth shut, Castañeda said. "They go to bars and restaurants and get drunk and talk and they are going around saying how many people they have knocked off," he reported. "The 12 military officers killed by the cartels in Michoacan -- that's why the army went out and killed a bunch of other people."
Castañeda's comments come as the US State Department is preparing the process of certifying Mexican compliance with human rights conditions as part of the $1.4 billion Plan Merida anti-drug assistance package. The bill authorizing the aid requires that portions of it be withheld if the State Department determines Mexico is not in compliance.
Castañeda also criticized President Obama for turning a blind eye to human rights violations by the Mexican military. "Obama regrettably said that the human rights violations he was most concerned with was with the victims of the drug war," the former diplomat noted.

Contact: StoptheDrugWar.org: the Drug Reform Coordination Network, P.O. Box 18402, Washington, DC 20036, (202) 293-8340 (voice), (202) 293-8344 (fax), e-mail drcnet@drcnet.org. Thank you.Articles of a purely educational nature in Drug War Chronicle appear courtesy of the DRCNet Foundation, unless otherwise noted.

Grassley Amendment Censors Mention of Legalization or Decriminalization from Drug War Chronicle

from Drug War Chronicle, Issue #607, 11/6/09
Senator Charles Grassley (R-IA), an inveterate drug warrior, doesn't want to hear the L-word in Washington. This week, the corn-belt conservative offered an amendment to Senator Jim Webb's (D-VA) pending bill, the National Criminal Justice Commission Act, that would explicitly forbid any recommendations that even mention drug legalization or decriminalization.
the face of ignorance and prejudice -- US Sen. Charles GrassleyWebb, a congressional champion of criminal justice and drug law reform, introduced the bill in a bid to fix what he considers a failing, costly, and inhumane criminal justice system, including the war on drugs. Webb's bill contemplates the creation of "a commission to look at every aspect of our criminal justice system with an eye toward reshaping the process from top to bottom." That would presumably include taking a close look at the impact of drug laws.
Grassley's amendment says its purpose is "to restrict the authority of the Commission to examine policies that favor decriminalization of violations of the Controlled Substances Act or the legalization of any controlled substances." The amendment in its entirety reads as follows:
The Commission shall have no authority to make findings related to current Federal, State, and local criminal justice policies and practices or reform recommendations that involve, support, or otherwise discuss the decriminalization of any offense under the Controlled Substances Act or the legalization of any controlled substance listed under the Controlled Substances Act.
Grassley's politically bowdlerizing ploy quickly drew the ire of Law Enforcement Against Prohibition (LEAP). "Senator Grassley's censorship amendment would block what Senator Webb is trying to achieve with this bill," said Jack Cole, a retired undercover narcotics detective who now heads the LEAP. "All along, Senator Webb has said that in the effort to fix our broken criminal justice system 'nothing should be off the table.' That should include the obvious solution of ending the 'drug war' as a way to solve the unintended problems caused by that failed policy."
As Grassley's amendment started to draw critical scrutiny, he attempted to defend himself. In a conference call with media this week, Grassley responded to a question about the amendment: "Well, my intent on that amendment isn't any different than any other amendments that are coming up. The Congress is setting up a commission to study certain things. And the commission is a -- is an arm of Congress, because Congress doesn't have time to review some of these laws. And -- and -- and the point is, for them to do what we tell them to do. And one of the things that I was anticipating telling them not to do is to -- to recommend or study the legalization of drugs."
When asked if his amendment would include limiting the discussion of medical marijuana, Grassley responded: "Yes, the extent to which it would be decriminalization, the answer is yes."
Grassley added that he had floated several amendments and that he would not necessarily introduce all of them. As of Thursday, he had not yet formally introduced his censorship amendment.

Mexican Drug War kills 15,000 since December 2006 from Drug War Chronicle

Drug War Chronicle - world’s leading drug policy newsletter
Latin America: Mexico Drug War Update
from Drug War Chronicle, Issue #607, 11/6/09
by Bernd Debussman Jr.
Mexican drug trafficking organizations make billions each year trafficking illegal 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 12,000 people, with a death toll of over 5,800 so far in 2009. 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:
Ciuded Juárez (courtesy Daniel Schwen, Wikimedia)Thursday, October 29
In Guerrero, a body was found hanging from a highway overpass. The unidentified man had been shot in the head, and left with two notes with messages from "La Familia." In Ciudad Juárez, a high-ranking police intelligence official was killed when he was attacked by heavily armed gunmen as he ate in a restaurant. One policeman was killed, and the official and two bodyguards were wounded. A sign was later found taking responsibility for the attack, which was apparently ordered by "El Chapo" Guzman, the head of the Sinaloa Federation. Additionally, nine other murders were reported in Ciudad Juárez, four in Sinaloa, one in Tijuana, and four bodies found in the trunk bed of a truck in Michoacán.
Saturday, October 31
In Sonora, a well known union leader was killed along with 14 others, including four children. Margarita Montes Parra, 56, was ambushed by gunmen armed with AK-47's. It is unclear whether his death was ordered by drug traffickers or as a result of his union work. One of his sons, Adrian, was killed two years ago in what is thought to be a drug-related murder. Parra made headlines by publicly accusing the governor of Sonora of protecting his son's killers. He also accused the Veracruz state government of being complicit in drug trafficking.
Monday, November 2
Officials identified four bodies that had been found executed in an SUV in Mexico City. Three of the men had the word "kidnappers" handwritten on their body with marker, and a sign was found in the vehicle which read "for kidnapping, the boss of bosses". This is the nickname of Beltran-Levy cartel boss Arturo Beltran-Levy. There has been an increase of violence against kidnappers and petty criminals in recent months on the part of vigilantes working with drug traffickers and elements of the police. Additionally, in Tijuana, 13 suspected cartel gunmen were captured after a firefight that wounded one soldier and one gunman.
Tuesday, November 3
In the town of San Pedro Garza Garcia, near Monterrey, the mayor announced the death of a drug trafficker hours before the body was actually found. After being sworn in, Mayor Mauricio Fernandez was quoted as saying that "Black Saldana, who is apparently the one asking for my head, was found dead today in Mexico City." His announcement came 3 ½ hours before the blindfolded corpse of "Black Saldana" (otherwise identified only by his first name, Hector) was found. While at first he evaded questions about his prior knowledge of the incident, Fernandez later claimed that he had been tipped off by US officials that he was going to be targeted, and then found out about Black Saldana's death through unspecified means.
In Durango, a journalist who specialized in police matters was found dead after being kidnapped by armed men on his way to work. Alongside the body was found a note, whose contents were not revealed to the public. Vladimir Antenna Garcia, who wrote for El Tempo de Durango, is the third journalist killed in Durango this year, and the eighth journalist killed in Mexico.
In Chihuahua, 18 people were killed in a 48 hour period. Nine of these murders occurred in Ciudad Juárez. Among them was a municipal police officer who was gunned down in a hair salon where he was accompanying his wife. Additionally, in the state of Veracruz, a high-ranking member of the Zetas organization, nicknamed "El Gonzo" or "Z-20" was killed after being shot by Mexican naval personnel. Four people were arrested during the operation.
Wednesday, November 4
In the city of Chihuahua, police and soldiers shot dead a federal policeman who was driving one of three cars that failed to stop for them. The police and troops were on a joint patrol when they attempted to stop the suspicious vehicles. The three vehicles ignored orders to stop, sparking off a gun battle that left the federal agent and left another unidentified man wounded.
In Ciudad Juárez, six people were gunned down in a bar. Among them was off-duty US Air Force Staff Sgt. David Booher, who was based at Holloman Air Force base outside Alamogordo, New Mexico. The motive for the attack was unclear, but it bore all the hallmarks of a drug-related murder in Ciudad Juárez. The incident brings the number of deaths in Ciudad Juárez to 30 over the last four days. Additionally, in Garcia, Nuevo Leon, a recently appointed police chief was killed along with four of his bodyguards when they were ambushed by an unknown known of heavily armed gunmen.
Body count for the week: 111Body count for the year: 6,286Body count since December 2006: 15,000+
Read the last Mexico Drug War Update here.

Veterans Incarcerated and Ignored from Drug War Chronicle

Veterans Incarcerated and Ignored When They Could Be Getting Help, Report Finds
from Drug War Chronicle, Issue #607, 11/6/09
Roughly 200,000 US veterans are in prison or jail, many of them there because of substance abuse or mental health issues, according to a new report released Wednesday. The report outlines the problem and suggests reforms that could ease the plight of American soldiers returning from the war zone and trying to make the transition back to civilian society.
VA Medical Center, Columbia, MOAccording to the report, 140,000 vets were in prison in 2004, with tens of thousands more serving time in jails. Nearly half (46%) of vets doing time in federal prison were incarcerated for drug offenses, while 15% of those in state prison were, including 5.6% doing time for simple possession. Three out five (61%) of incarcerated vets met the criteria for substance dependence or abuse.
The report, Healing a Broken System: Veterans Battling Addiction and Incarceration, comes at a critical time. With hundreds of thousands of soldiers currently deployed in Iraq and Afghanistan, the US faces a mounting challenge in caring for returning vets.
Many are returning home damaged by their experiences. According to the report, 30% of Iraq and Afghanistan veterans report symptoms of Post-Traumatic Stress Disorder (PTSD), traumatic brain injury, depression, mental illness, or other cognitive disability. These medical conditions, if left untreated, can contribute to problematic drug use, addiction, and fatal overdoses, as well as homelessness, suicide, and criminality, particular violations of the drug laws.
While the study mentions 200,000 vets behind bars, the number is most likely much higher. That's because owing to problems in data collection -- a problem in itself -- the last year for which hard numbers on vets behind bars is available was 2004. Since then, more than a million more vets have returned from their deployments and mustered out.
The report had its genesis about a year and a half ago, when the Drug Policy Alliance (DPA) teamed up with a classroom of law students at Northeastern University in Boston to investigate the obstacles veterans were facing in obtaining adequate access to mental health and substance abuse services. In addition to a series of surprising and dramatic findings, the report also includes a list of specific recommendations about how to improve services for vets suffering mental health and substance abuse issues.
"We learned that far too many returning vets are falling victim to the war on drugs because of barriers to effective treatment," said DPA's Dan Abrahamson at a Wednesday press conference. "There are nearly a quarter million vets behind bars right now for crimes motivated in part by mental health or drug addiction problems. One third of returning vets report symptoms of Post-Traumatic Stress Disorder (PTSD). Also, vets suffer from traumatic brain injury, depression, and mental illness at higher rates than normal. All of those are contributory factors to substance abuse and drug addiction, as well as overdose, homelessness, suicide, and being arrested for a non-violent drug offense."
In the battle theater, soldiers are supposed to function despite high stress, and the military is more than willing to prescribe them whatever it takes to keep them fighting. But it's a different story when the vets come home.
"Service-related drug dependency is being talked about quite a bit in the veterans community, but is not well understood outside the military," said Tom Tarantino, an Iraq war veteran and now legislative associate for Iraq and Afghanistan Veterans of America. "The ease of obtaining prescriptions in theater is staggering," he explained. "I know crack dealers who are more discriminating about issuing drugs than some of the medics I saw in Iraq. It's alarming how many people were just given anti-depressants instead of asking whether they were really fit for duty," said the veterans' lobbyist.
"Sometimes, it's just a matter of expediency and life in a combat zone, but then you have vets coming back from an environment where meds are very loosely prescribed and they are confronted with a medical system much more stringent about issuing drugs," Tarantino explained. "And that can cause problems."
"Let's be smarter than the problem," said veterans' advocate Guy Gambill. "We can't afford not to be. We arrest too many people and incarcerate them for too long. Then the mark of a criminal record keeps them from getting jobs, housing, and other services, and then the recidivism rate goes up."
There are things that can be done, Gambill said. States can change their incarceration policies. Localities can be more proactive.
"Chicago police and the LAPD are doing front-end interventions," Gambill noted. "In LA, trained peer specialists are doing ride-alongs with the LAPD so the officers will recognize Iraq and Afghanistan war vets. In Chicago, police are doing crisis intervention training, and the first hundred of them are all Iraq and Afghanistan vets. They'll try to grab these guys at first contact and get them into treatment instead of jail. These sorts of peer-led interventions work very well. We need to catch this on the front end, so we don't have 200,000 homeless vets on the streets like we do now."
Another stumbling block is the Department of Veterans Affairs current policy on drug treatment for vets. The VA is willing to offer treatment, but not for vets behind bars.
"We need the Department of Veterans Affairs to lift their ban on drug treatment of incarcerated vets," said Tarantino. "We're pleased that the department now has a justice coordinator at every VA hospital, but they're waiting outside the prison door, not inside, when the vets need it most. This is a regulation they can change with the stroke of a pen," he said.
Yet another problem for vets, especially those with substance abuse issues, is the lack of access to proven treatments. And because the insurance provided to soldiers by the armed forces also covers their families, lack of access to treatment affects them as well.
"Vets don't qualify for substance abuse treatment unless they are diagnosed with PTSD," said Abel Moreno, a former Army sergeant who saw service in both theaters and who now works with veterans through his organization Vets 4 Vets. "We are fighting two wars at once. It's obvious PTSD exists, and it's clear there are going to be substance abuse issues. We've created a subgenre among today's vets where there is a pain pill-popping mitigation ideal. We need quantified data so we can attack this situation head on," he said.
It's not only in failing to provide drug treatment absent a PTSD diagnosis where the DOD falls down, said Dr. Bob Newman, MD, director of the Rothschild Chemical Dependency Institute at Beth Israel Medical Center in New York City. "Tricare, the Department of Defense insurance plan refuses to pay for maintenance treatment of addiction with methadone or buprenorphine," he noted. "Maintenance therapy is not a new idea. It's endorsed by agencies such as NIDA, SAMHSA, the Institute of Medicine, and the World Health Organization. The US government supports this, yet DOD has an insurance plan that excludes maintenance treatment without explanation. That's outrageous," he said.
Tricare insures not only military personnel, but also their families. Tricare's refusal to pay for maintenance therapy nearly cost Teresa Bridges her daughter. Teresa's daughter, Amanda, married a soldier, Sgt. Shawn Dressler. Dressler was killed in combat shortly after the couple were wed, and Amanda retreated into a haze of Lortab and Tramitol. Tricare paid for her treatment, but after a year, her doctor noted on her records that she was being subscribed maintenance doses of Suboxone.
"Suddenly, Tricare dropped her like a hot potato," Bridges said. "Tricare believes taking Suboxone is just substituting one addictive drug for another -- at least that's what they told me. Amanda has done well on Suboxone, and if she stops taking it, she will eventually relapse. Fortunately, she is now in a temporary assistance program, but that will end after a year."
There are potential reforms that could ease the plight of returning vets, the report said. Among them are:
Changes in state and federal statutes to focus on treatment instead of incarceration for veterans who commit nonviolent drug-related offenses.
Adoption by government agencies of overdose prevention programs and policies targeting veterans who misuse substances or take prescription medications.
Significantly expanded access for veterans to medication-assisted therapies such as methadone and buprenorphine to treat opioid dependence.
"The care and feeding and support of vets is a national concern and responsibility," said Gen. Stephen Xenakis, MD, Special Adviser to the Chairman of the Joint Chiefs for Staff, Warrior & Family Support . "We are looking to knit together all the various services and institutions so that the soldier who has served and come home and ends up having problems or maybe ended up incarcerated gets treatment from all the sources available."
One of the big problems, said Tarantino, is lack of hard information. He noted that the Justice Department numbers in the report are from 2004. "In 2004, there were over one million fewer vets than there are today," he said. "We don't know how many vets are behind bars right now. We have no method for tracking vets unless they interact with some social services. We need to have DOD and DOJ compare lists. We need data," he said.
Lack of coordination among agencies dealing with vets is part of the problem, said Xenakis. "We need to better configure what we're doing," he said. "Records are not shared. The Department of Justice doesn't have access to Department of Defense records. We need to get organized so we can track people over time."
That effort has the support of the Pentagon, Xenakis said. "Our leadership heartily endorses this," he said. "It is really important that this information that this information is out there now, and that we follow it with the best action plans we can create. As a country, we have a responsibility to support our vets."
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It's not just Iraq and Afghanistan vetsComment posted by War Widow on Fri, 11/06/2009 - 6:23pm
My husband, Jeffrey J. McCrea, came home from Vietnam in 1971 with one helluva drug problem (which he didn't have when he went over there). He immersed himself in the drug and alcohol lifestyle, because that was the only thing that numbed the pain. He woke up IN VIETNAM, EVERY NIGHT. In 1989, he was finally persuaded to get help. From the VA? Not on your life. He went through a former Marine combat vet's treatment center. The VA was more than willing to prescribe an endless list of medications, including methadone pills for his chronic pain following 32 surgeries on his right leg alone, not to mention at least 10 operations on other parts of his body. He was given antipsychotic drugs, antidepressants, muscle relaxants, pain medications...but nobody actually helped him process the things he'd seen over there that haunted him permanently, endlessly. He then developed epilepsy. The VA prescribed Dilantin but never checked his blood levels. On June 17, 1992, Jeff decided he couldn't face one more day in his own personal living hell; he put his .41 magnum to his head and pulled the trigger. The VA might just as well have bought him the ammo and handed him the gun. As far as I'm concerned, he died in Vietnam; it just took his body 21 years to catch up. Nobody back then acknowledged PTSD. Although it is now recognized, from what I've seen, they're not really doing a damn thing to help these vets. You'd think that with several decades of experience, somebody, somewhere would have figured out that PTSD is a lifelong sentence; these poor vets do whatever they can to cope with things in their heads that the rest of us will NEVER understand. Locking them up is NOT a solution.
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helpComment posted by sunny ranck on Sat, 11/07/2009 - 10:04am
God help us all
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VeteransforMedicalMarijuana.org V.M.M.A.Comment posted by disgruntled veteran for peace on Sat, 11/07/2009 - 4:45pm
Real help for veterans and loved ones from people who care and understand what you are going through.For goodness sake give Veterans for Medical Marijuana access a chance to really help . Strong support along with cannabis natural health is effective for pain,p.t.s.d.,cancer,you name it. Special thanks and great appreciation to all who serve and to all supporting family and friends as well. Love and peace to all.
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Israelis Have It RightComment posted by 11BravoRTOVN on Sat, 11/07/2009 - 7:00pm
While the Univ. of Haifa just came out with their "Cannabis for PTSD" study, the Israeli Army has been giving cannabis to their PTSD soldiers for some time now. Reading their stories led me to give it a try and WOW. Now, I don't "smoke." I vaporize and take only one hit during a session. Without getting high, I no longer have those "sticky," anger building thoughts. They're turned "slippery" and vanish. When my wife sees me getting edgy, she simply says, "Go to the bathroom." That's my cue that she sees it surfacing again and for me to go take a hit to calm down. And as fast as you can walk up stairs and back down stairs, the PTSD episode has passed.
We know that the VA will NEVER allow us to have medical marijuana as long as the US prescribes to the age old draconian drug laws we now have. That's why it behoves you to join the reform movement in your state as changing the states is how we change the feds. We were all children once. Now, do it for the VETS!