Drug War Chronicle, Issue #512 -- 11/30/07
Phillip S. Smith, Editor, psmith@[EMAIL PROTECTED]
Publication of Stop the Drug War (DRCNet)
David Borden, Executive Director, borden@[EMAIL PROTECTED]
"Raising Awareness of the Consequences of Drug Prohibition"
Students: Intern at DRCNet to help stop the drug war!
http://stopthedrugwar.org/chronicle/512/drcnet_intern****ps_to_stop_the_drug_war
Table of Contents:
1. CANADIAN TORIES' MANDATORY MINIMUM DRUG BILL DRAWS STIFF
OPPOSITION, BUT CAN IT BE STOPPED?
Last week, Canada's Conservative government introduced
legislation to create mandatory minimum sentences for some drug
offenses, including marijuana cultivation. Now, opposition is
emerging, but will it be able to block Canada's lurch toward a
US-style drug war?
http://stopthedrugwar.org/chronicle/512/canada_mandatory_minimum_drug_bill_draws_opposition
2. CHEWING AND GRINDING: A SOUTH DAKOTA DRUG WAR STORY
Going home from the Sturgis Motorcycle Rally should have been a
pleasant ride for Nebraskan Eric Sage. It didn't turn out that
way--for him or his friends.
http://stopthedrugwar.org/chronicle/512/south_dakota_drug_war_eric_sage_chewing_grinding
3. MEDICAL MARIJUANA: COURTS IN CALIFORNIA AND COLORADO RULE
COPS MUST RETURN PATIENT'S MEDICINE
Law enforcement agencies which cannot seem to grasp that medical
marijuana is legal in their states got their hands slapped by
courts in Colorado and California this week. In both states,
judges ruled that police must return medical marijuana
unlawfully seized from legal patients or providers.
http://stopthedrugwar.org/chronicle/512/medical_marijuana_california_colorado_police_must_return
4. WEEKLY: BLOGGING @[EMAIL PROTECTED]
THE SPEAKEASY
"Ron Paul on Medical Marijuana," "Hillary Clinton Pledges
Sup****t for Needle Exchange," "John Edwards Criticizes the War
on Drugs," "Does Marijuana Make You Better at S****ts?," "John
McCain's Awful Response to a Cop Who Wants to End the Drug War,"
"Update on Pain Physician Dr. William Mangino," "Needle Exchange
Action May Be Imminent," "California Sent 1,000 Drug Offenders
to Fight the Forest Fire," "Republicans Try Marijuana at Higher
Rate Than Democrats."
http://stopthedrugwar.org/chronicle/512/blogging_at_the_speakeasy
5. STUDENTS: INTERN AT DRCNET AND HELP STOP THE DRUG WAR!
Apply for an intern****p at DRCNet for this fall (or spring), and
you could spend the semester fighting the good fight!
http://stopthedrugwar.org/chronicle/512/drcnet_intern****ps_to_stop_the_drug_war
6. LAW ENFORCEMENT: THIS WEEK'S CORRUPT COPS STORIES
Bad cops cost cases in one Georgia county, a bad cop gets popped
in another Georgia county, a bad cop gets several breaks from
his colleagues in Michigan, and a bad cop goes to prison in
Texas.
http://stopthedrugwar.org/chronicle/512/police_drug_corruption
7. HARM REDUCTION: NEW JERSEY'S FIRST LEGAL NEEDLE EXCHANGE IS
OPEN
New Jersey's first legal needle exchange opened for business
Tuesday. The move comes nearly a year after the legislature
finally approved a pilot program for up to six cities. Look for
more exchanges to come in Camden, Newark, and Paterson.
http://stopthedrugwar.org/chronicle/512/first_new_jersey_needle_exchange_program_legal_opens
8. HEMP: COURT REJECTS BID BY NORTH DAKOTA FARMERS TO GET DEA
OUT OF THE WAY
A federal district judge in Bismarck has dismissed a lawsuit by
two would-be North Dakota hemp farmers who sought to get the DEA
out of their way. Congress should address the issue, the judge
said.
http://stopthedrugwar.org/chronicle/512/federal_judge_dismisses_hemp_lawsuit_north_dakota_farmers
9. EUROPE: EDINBURGH POLICE PLAN FOR "DRUG TOLERANCE ZONE" IN
CITY CENTER STIRS CONTROVERSY
A high police official in Edinburgh has broached the notion of
not arresting small-time drug offenders in the city center, but
the idea has attracted a lot of heat, and now the police are
backpedaling.
http://stopthedrugwar.org/chronicle/512/edinburgh_police_no_arrest_drug_offenders_city_center_controversy
10. SOUTHWEST ASIA: US PLAN FOR AERIAL SPRAYING OF AFGHAN
POPPIES ON HOLD -- FOR NOW
Facing strong opposition from the Afghan government, European
allies, and even elements of the US government, the State
Department announced Wednesday it had given up on an aerial
spraying program designed to eradicate Afghan opium poppies --
at least for now.
http://stopthedrugwar.org/chronicle/512/no_aerial_eradication_of_afghan_opium_poppies_says_state_department
11. SOUTHEAST ASIA: MOST KILLED IN THAILAND'S 2003 DRUG WAR NOT
INVOLVED WITH DRUGS, PANEL FINDS
Investigatory panels looking into 2,500 drug war killings in
Thailand in the spring of 2003 have determined that more than
half of those killed had nothing to do with drugs. Meanwhile, at
least one Thai politician wants to return to the tough drug
policies that led to those mass killings.
http://stopthedrugwar.org/chronicle/512/thailand_drug_killings_half_not_involved_panel_finds
12. DEATH PENALTY: MORE EXECUTIONS IN IRAN, MORE DEATH SENTENCES
IN VIETNAM
The use of the death penalty against drug offenders continues
apace in the Middle East and Southeast Asia. Iran executes six,
Vietnam upholds one death sentence, and Vietnamese prosecutors
seek 11 more.
http://stopthedrugwar.org/chronicle/512/death_penalty_iran_vietnam_executions_drug_offenders
13. WEB SCAN
Libby Davies, Pew Center, Judge Jerry Paradis, Dean Becker
CNN/YouTube submission.
http://stopthedrugwar.org/chronicle/512/drug_policy_links
14. WEEKLY: THIS WEEK IN HISTORY
Events and quotes of note from this week's drug policy events of
years past.
http://stopthedrugwar.org/chronicle/512/drug_war_history
15. JOB OP****TUNITY: FIELD DIRECTOR, SAFER, DENVER
Safer Alternatives for Enjoyable Recreation (SAFER) is hiring a
Field Director for its Denver-based office.
http://stopthedrugwar.org/chronicle/512/safer_job_op****tunity
16. INTERN****PS: TWO OPENINGS AT AMERICANS FOR SAFE ACCESS
ASA has two intern****p op****tunities available for the spring
semester, one in their Wa****ngton, DC office and one in their
Oakland, CA office.
http://stopthedrugwar.org/chronicle/512/asa_intern****p_op****tunities
17. FEEDBACK: DO YOU READ DRUG WAR CHRONICLE?
Do you read Drug War Chronicle? If so, we need your feedback to
evaluate our work and make the case for Drug War Chronicle to
funders. We need donations too.
http://stopthedrugwar.org/chronicle/512/do_you_read_drug_war_chronicle
18. RESOURCE: REFORMER'S CALENDAR ACCESSIBLE THROUGH DRCNET WEB
SITE
Visit our new web site each day to see a running countdown to
the events coming up the soonest, and more.
http://stopthedrugwar.org/chronicle/512/drug_reform_calendar
19. RESOURCE: DRCNET WEB SITE OFFERS WIDE ARRAY OF RSS FEEDS FOR
YOUR READER
A new way for you to receive DRCNet articles -- Drug War
Chronicle and more -- is now available.
http://stopthedrugwar.org/chronicle/512/drug_policy_RSS_feeds_now_available
20. WEBMASTERS: HELP THE MOVEMENT BY RUNNING DRCNET SYNDICATION
FEEDS ON YOUR WEB SITE!
Sup****t the cause by featuring automatically-updating Drug War
Chronicle and other DRCNet content links on your web site!
http://stopthedrugwar.org/chronicle/512/drug_policy_content_syndication_feeds_now_available
(Not subscribed? Visit http://stopthedrugwar.org
to sign up
today!)
================
1. Canadian Tories' Mandatory Minimum Drug Bill Draws Stiff
Opposition, But Can It Be Stopped?
http://stopthedrugwar.org/chronicle/512/canada_mandatory_minimum_drug_bill_draws_opposition
Canada's Conservative federal government last week introduced
legislation -- bill C-26
(http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=3118732&Language=e&Mode=1)
-- that would create mandatory prison sentences for drug
trafficking and drug producing offenses, including marijuana
cultivation. The move marks a firm embrace of US-style drug war
policies by the government of Prime Minister Steven Harper and
comes as part of a larger "tough on crime" legislative package.
While the measure has strong sup****t among Harper's culturally
conservative base and the law enforcement community, it has also
excited a firestorm of opposition, and efforts to move it
through parliament are sure to result in a battle royal.
But the Harper drug bill will advance -- or not -- within the
context of a minority government able to wield the threat of any
early call for elections against a Liberal opposition party that
doesn't think it is up to the challenge just now. Because
Harper's is a minority government, it will need the sup****t of
some opposition members to pass, and whether the Liberals will
want to make tougher sentences for drug offenders a make or
break issue remains to be seen.
While New Democratic Party (NDP) drug policy critic MP Libby
Davies (Vancouver East) has already denounced the measure,
neither the Liberals nor the Bloc Quebecois have issued
statements on it. Nor had either party responded to Chronicle
requests for comment by press time.
"Drug producers and dealers who threaten the safety of our
communities must face tougher penalties," said Minister of
Justice Rob Nicholson in a statement announcing the legislation.
"This is why our government is moving to impose mandatory jail
time for serious drug offenses that involve organized crime,
violence or youth."
According to the justice minister, the legislation will amend
Canada's drug law, the Controlled Drugs and Substances Act, to
include the following mandatory minimum sentences and other
enhanced penalties:
* A one-year mandatory prison sentence will be imposed for
dealing drugs such as marijuana when carried out for organized
crime purposes, or when a weapon or violence is involved;
* A two-year mandatory prison sentence will be imposed for
dealing drugs such as cocaine, heroin or methamphetamines to
youth, or for dealing those drugs near a school or an area
normally frequented by youth;
* A two-year mandatory prison sentence will be imposed for the
offense of running a large marijuana grow operation of at least
500 plants;
* The maximum penalty for cannabis production would increase
from 7 to 14 years imprisonment; and
* Tougher penalties will be introduced for trafficking GHB and
flunitrazepam (most commonly known as date-rape drugs).
"Drugs are dangerous and destructive, yet we see Canadian youth
being exposed to and taking drugs at such young ages, and
grow-ops and drug labs appearing in our residential areas," said
Minister Nicholson. "By introducing these changes, our message
is clear: if you sell or produce drugs -- you'll pay with jail
time."
According to a justice ministry backgrounder on the legislation,
marijuana trafficking offenses involving at least three
kilograms of weed would be subject to one- or two-year mandatory
minimum sentences if "aggravating factors" are present. To earn
a one-year mandatory minimum sentence, the offense would have to
be "for the benefit of organized crime," involve the use or
threat of force or violence, or be committed by someone
convicted of a similar offense within the past 10 years.
Aggravating factors that can garner a two-year mandatory minimum
include trafficking in a prison, in or near a school or "near an
area normally frequented by youth," in concert to a youth, or
selling to a youth.
The proposed legislation also includes mandatory minimum
sentences for any marijuana cultivation offense -- if "the
offense is committed for the purpose of trafficking." For up to
200 plants, it's six months mandatory jail time; for 201-500
plants, it's one year in jail; and for more than 500 plants,
it's a two-year mandatory minimum. The penalties increase to
nine months, 18 months, and 36 months, respectively, if "health
and safety factors" are involved. Those factors include using
someone else's property to commit the offense, creating a
potential health or safety hazard to children, creating a
potential public safety hazard in residential areas, or setting
traps.
"How fast can we go backwards?" asked attorney and University of
Ottawa criminology professor Eugene Oscapella, head of the
Canadian Foundation for Drug Policy (http//www.cfdp.ca). "The
government is lurching from mistake to mistake on drug policy
issues. The Canadian Supreme Court shot down a mandatory minimum
seven-year penalty for im****ting narcotics, and now this
government is trying to slip in and establish mandatory minimums
that will meet constitutional muster. It is the wrong thing to
do in terms of a sensible drug policy," he said.
The legislation could have unintended consequences if it p*****,
Oscapella said. "By bumping up penalties from seven to 14 years
for growing cannabis, it could scare away the "Ma and Pa"
operators and leave the field open for organized crime. This
bill acts as a broom to sweep out the minor players, and who
will fill that gap?"
"This bill will make George W. Bush very happy," said the NDP's
Davies. "He will know that at least Stephen Harper is following
his lead. The bill has all the dirty hallmarks of the so called
'war on drugs' that has been raging in the United Sates for
close to 40 years. As in the US, the rhetoric and spin on this
bill plays on fears of drug pushers, especially regarding youth,
as the bill promises to get tough on traffickers and dealers,
and to protect our children in and around school premises."
Too bad it won't work, said Davies. "The only problem is, as
history and reality shows us, this heavy handed reliance on law
enforcement is not only a failure; it is a colossal failure,
economically, socially, and culturally. Law enforcement
regarding drugs typically targets low level dealers and users,
and ironically re-enforces the monopoly of organized crime and
the drug kingpins, who either escape enforcement or are in the
best position to negotiate deals."
The legislation wasn't winning any kudos from Canada's cannabis
community, either. "While being ****trayed as balanced in
government talking points, this legislation is anything but,"
said Tim Meehan of Patients Against Ignorance and Discrimination
on Cannabis, a recently formed medical marijuana advocacy
organization based in Ontario. "Unlike the de facto leniency
Canadians mostly get before the courts if they have a very small
home garden, in this bill there is no personal growing exemption
-- even one plant will get you six months, which is effectively
nine months unless you are growing in your own house, in a rural
area, and are miles from schools or even a park where kids hang
out."
"They define organized crime as at least three people operating
to the benefit of at least one," pointed out Cannabis Culture
(http://www.cannabisculture.com)
magazine publisher Marc Emery,
perhaps Canada's best known marijuana advocate. "That means if
you grow a plant and give some to me and I sell some to someone
else, we're now organized crime. If you're growing a few plants
for sale, that's a nine-month mandatory minimum and they take
your kids away. They're going to need a new prison in British
Columbia every year if this p*****."
Emery also predicted other unintended consequences. "The price
will go up within a year of passage, and that will cause us to
be im****ting weed from the US for the first time ever," he
prophesied.
But, of course, the bill does have its sup****ters, not only
among the Conservative base, but also among powerful law
enforcement organizations. "We sup****t the legislation," said
Fredericton, New Brunswick Police Chief Barry MacKnight, head of
the Canadian Association of Chiefs of Police. "Our overall
position is that there must be a balanced approach to the drug
problem, and mandatory minimum sentences are just part of that.
A very aggressive judicial approach toward drug dealers and
manufacturers is consistent with our objectives," he said. "This
isn't aimed at that young person smoking a joint behind a
building."
While such words may be intended to provide reassurance to the
likes of Meehan and Emery, Canada's cannabis nation should not
mistake the chief's attitude as one of tolerance. "When it comes
to marijuana, our message is clear," said MacKnight. "The jury
is in: Marijuana is a harmful drug. Clearly, we are focused on
the most harmful drugs, but you can't isolate marijuana from
this debate. When it comes to production and trafficking,
marijuana is part of the drug subculture."
Ever the guerrilla warrior, Emery is calling for a a nationwide
series of demonstrations outside parliament members' offices on
December 17 (http://cannabisculture.com/articles/5122.html).
"There are 308 MP offices, and we plan to have at least a dozen
people outside each one of them dressed in prison uniforms and
holding signs saying 'This is your child with the new Tory drug
laws,'" he said. "There won't be any pot-smoking at these events
-- this is about politics, not defiance -- and we'll also have
people in suits handing out information. The object is to
educate the MP and the public. We're telling everyone to tell
their MP to stall the bill, or better yet, reverse it --
legalize pot and end prohibition."
While Emery takes the battle to the streets, others will be
walking the hallways as they seek to block the bill. The
Canadian HIV/AIDS Legal Network
(http://www.aidslaw.ca/EN/index.htm)
has long opposed mandatory
minimum sentencing, even publi****ng a 2003 briefing paper
(http://www.aidslaw.ca/publications/publicationsdocEN.php?ref=72)
detailing its objections. The group's executive director,
Richard Elliot, said Wednesday it would fight the bill in
parliament.
"We don't know whether we'll be able to stop it, but we will try
to talk to the relevant MPs and we will request to appear before
the Standing Committee on Justice, as we did last year," Elliot
said. "We'll also make the case as to why this is not a
particularly good approach to the relevant ministers, although I
doubt they will be open to hearing any criticism."
And so it will come down to the Liberals, the NDP, and the Bloc
to stop the bill, and as the largest opposition party, the
Liberals are key. With the Conservative threat to call early
elections looming in the background, the question is whether the
Liberals risk provoking elections over the drug bill. Don't
count on it, said Elliot.
"Even if we manage to convince some Liberals this is the wrong
approach, I'm not sure they're willing to fall on their swords
over this particular issue," he said. "The current political
situation is really quite favorable to the governing party
because the opposition parties aren't ready to go."
"This is one of those gut-reaction issues," said Oscapella.
"When you talk about how we have to tough on drugs, politicians
tend to tag along. But it's very im****tant that this bill be
blocked; once you have mandatory minimums, they are very
difficult to get rid of."
To that end, look for a growing coalition of opponents to emerge
and attempt to coordinate. Some ****tions of the opposition
parties will join the fight, as will civil society
organizations, and perhaps, given the costs they would have to
bear, some provincial governments. But they need to organize
quickly; the Conservatives could move fast.
"I suspect this will be one of their top priorities," said
Elliot. "They can move this quickly, and I suspect there will be
committee hearings early next year, and after that, a vote by
the House on a final reading," he predicted.
"This is about creating the perception they are tough on crime,"
Elliot said. "Unfortunately, we are heading more in your
direction with this legislation, and this will only make matters
worse."
"These are frightening times," said Oscapella. "We look down and
what a colossal failure these policies have been in the US and
say, 'Hey, let's do that, too.'"
================
later
bliss -- C O C O A Powered... (at california dot com)
--
bobbie sellers - a retired nurse in San Francisco
"It is by will alone I set my mind in motion.
It is by the beans of cocoa that the thoughts acquire speed,
the thighs acquire girth, the girth become a warning.
It is by theobromine alone I set my mind in motion."
--from Someone else's Dune spoof ripped to my taste.
|
