Drug War Chronicle

comprehensive coverage of the War on Drugs since 1997

Mexico Drug War Update

by Bernd Debusmann, Jr.

Mexican drug trafficking organizations make billions each year smuggling drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed more than 28,000 people, the government reported in August. The increasing militarization of the drug war and the arrest of dozens of high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:

http://stopthedrugwar.org/files/labarbie.jpg
La Barbie, captured
Friday, August 27

In Monterrey, the State Department told staff to send their children away from the city due to the ongoing drug-related violence. As of September 10th, no minor dependents will be allowed. Other diplomatic postings with a similar rule include Baghdad, Kabul, and Sa’naa, Yemen. The decision comes after a botched kidnapping attempt at a school attended by many of the children of US consulate staff.

In Ciudad Victoria, Tamaulipas, a car bomb exploded outside the local offices of Televisa. Nobody was wounded in the blast.

Sunday, August 29

In Hidalgo, Tamaulipas, the mayor was shot dead after being ambushed. Marco Antonio Leal Garcia was 46 years old. His four-year old daughter was seriously wounded in the attack.

In Reynosa, two car bombs were detonated near a morgue in which the bodies of 72 murdered migrants are being held. Fifteen people were wounded by the blasts.

In Panuco, Veracruz, at least eight people were killed after a 15-hour firefight between soldiers and suspected cartel gunmen.  One soldier and one civilian were killed, as well as six gunmen.

Monday, August 30

Near Mexico City, police captured Edgar Valdez Villareal, a top drug cartel boss and the leader of a faction of the Beltran-Leyva Organization. Valdez, also known as "La Barbie," is thought to be responsible for much of the violence in Central Mexico in recent months as he battled his former ally Hector Beltran-Leyva for control of the Beltran-Leyva Organization, which was left leaderless after Marines shot dead Arturo Beltran-Leyva in December.

In Cancun, eight people were killed after a bar was firebombed. Four of the dead were women. The same bar had reported two extortion attempts in the past, apparently by the Zetas Organization.

In Mexico City, police announced that 3,200 federal police officers have been fired after failing drug and lie detector tests, or having assets which could not be accounted for. A separate batch of 465 officers is due to be fired in Juarez. Among them is a police commander who was detained at gunpoint by his own men who were angry at his misconduct.

In Ciudad Juarez, authorities announced that celebrations for Mexico's bicentennial on September 16th were to be canceled due to the ongoing violence. Independence Day is Mexico's most important national day and public gatherings to celebrate are an integral part of the culture of most towns and cities.

Wednesday, September 1

In Ciudad Juarez, at least ten people were murdered across the city. Three of the victims were minors aged 11, 13 and 16. The killings bring Ciudad Juarez's 2010 total to approximately 2,039.

Total Body Count for the Week: 239

Total Body Count for the Year: 7,570

Read the previous Mexico Drug War Update here.

Mexico

Weird Drug Politics in the Kentucky Senate Campaign [FEATURE]

Drug policy has become a hot-button issue in the Kentucky US Senate race, albeit in a weird and tangential way. The race pits insurgent tea party/libertarian Republican Rand Paul, the son of anti-prohibitionist US Rep. Ron Paul (R-TX), against Democrat Jack Conway, the Kentucky attorney general.

Rand Paul campaigning in Frankfort, KY (courtesy Gage Skidmore via Wikimedia)
Neither candidate even mentions drug policy on their campaign web sites, but remarks by Paul earlier this month that he opposed federal earmarks such as those that fund the anti-drug task force Operation UNITE and drug treatment programs, and that drug policy was not a "pressing issue" for Kentucky voters have reverberated across the Bluegrass State.

"I don't think it's a pressing issue," Paul said in response to a query from the Associated Press about his opposition to federal earmarks for drug law enforcement. He suggested that eastern Kentucky voters are more concerned with fiscal and cultural issues. "They're socially conservative out there," Rand said. "Jack's not. They're fiscally conservative. I am. Jack's not. I think we'll swamp him."

Paul's comments left an opening for Conway, who is trailing by about eight points in the most recent polls, to go on the attack. And the back and forth between the two campaigns has kept the drug issue in the spotlight since mid-August.

"Rand will handcuff local sheriffs trying to combat the drug epidemic, and I will make sure Kentucky's law enforcement has the tools they need to protect our families," Conway said. "That's my record as attorney general, and that's what I'll do in Washington."

Conway said that Kentucky, which is suffering from budget cuts, can't take on drug traffickers without federal help. Paul countered that that federal involvement is justified only when drugs are crossing state or federal borders.

Conway and his supporters have frequently resorted to describing drug use in Appalachian Kentucky, known as a marijuana growing hotbed and the home of numerous pill-poppers and meth cooks, as an "epidemic," and the conventional wisdom in Kentucky is that the area is rife with drug abuse.

But the conventional wisdom doesn't match up with the numbers. According to a recent report from the federal Substance Abuse and Mental Health Services Administration, drug use levels in eastern Kentucky are in line with those in the rest of the state and the rest of the country. The "epidemic," in other words, is a politically convenient figment of the collective imagination.

But that doesn't stop either campaign from bemoaning it. After an initial round of attacks from Conway and his supporters on the drug issue, Paul made a point of showing up at a privately-funded drug treatment center to insist that he does care about "the drug problem."

"It's been recently insinuated that somehow I don't care about the drug problem in Kentucky, and that's absolutely wrong," Paul said last week. He accused Conway of "pandering" on the drug issue.

The back and forth continued this week, with the Paul campaign accusing Conway of not doing enough to combat methamphetamine production as attorney general and the Conway campaign bringing out sheriffs to attack Rand for undercutting their drug war.

But for all the blows thrown around the drug issue, Paul's attack on federal funding for drug task forces and drug treatment does not appear to be part of an anti-prohibitionist assault on drug war orthodoxy -- Paul does not call for ending marijuana prohibition or drug prohibition in general. Instead, it is part and parcel of his anti-federal spending campaign message.

And while Paul supported medical marijuana in the primary campaign, he has gone a bit squishy on the issue since then. In August, the AP ran a story saying that "he said he opposed the legalization of marijuana, even for medicinal purposes." The campaign didn't deny or confirm that report for more than a week, until asked directly about it by Mike Meno of the Marijuana Policy Project. Campaign staffers then told Meno Paul was standing by his states' rights position on the issue, but refused to say whether Paul personally supported medical marijuana.

"His big campaign message is to cut back on the size of the federal government, get the deficit under control, and he's been heavy-handed in going after earmarks like Operation UNITE, and those are very important in this state," said University of Louisville political scientist Laurie Rhodebeck. "So some of the sheriffs and mid-level political people, particularly in Eastern Kentucky, are not happy with what Paul's been saying about that. I don't know that these folks were likely to support him in the first place, but I've seen even some Republican county executives who seem appalled he's taking this position," she said.

"Part of Paul's strategy is to try to make Conway look like just another robot for Pelosi and Obama," said Rhodebeck. "Conway has to latch onto some issues, and the drug issue presented itself as something he can run with. I think it's a reasonable strategy for him to pursue this."

"Those federal task forces are just another way to waste money on an utterly failed strategy," said Ted Galen Carpenter, an analyst with the libertarian-leaning Cato Institute, who agreed with Paul's attack on Operation UNITE. "If we want to spend money studying a way out of prohibition, that's one thing, but I wouldn't favor spending another dollar to enforce our idiotic drug laws."

Still, Carpenter took Paul to task for saying drug policy was not "a pressing issue" for Kentucky voters. "This most certainly is a pressing issue," he said. "Aside from the continuous civil liberties issues, people in Kentucky should be just as concerned as most of the rest of the country about that conflagration we have going on across our southern border. As long as the US maintains its prohibitionist policies, we are giving billions of dollars to the Mexican cartels, and that's dangerously unwise. One wonders whether Rand Paul has taken a look at what's happening in Mexico."

The emergence of the drug issue in Kentucky and especially the critique from a Republican candidate suggests that it is an issue that can prove useful to either party, said Bill Piper, national affairs director for the Drug Policy Alliance. But if Republicans want to make drug reform an issue, they have to be more coherent than Paul, he said.

"That Rand Paul is stepping out on drug policy reform and his opponent attacking him for it shows that reformers shouldn't take for granted that the Democrats are the party of reform," said Piper. "There was also a Republican drug reformer in the primary against Texas Gov. Rick Perry, and a Republican running against Barney Frank has said some things, so you have a legalizer Republican versus a legalizer Barney Frank."

But while Republicans are increasingly challenging the drug policy status quo, they don't know how to reach voters on the issue, Piper said. "Rand Paul doesn't know how to talk about this," he said. "He's talking about this in the context of taxes and spending, but as much as voters dislike taxes and spending, they've always made an exception for the drug war. He needs to be talking about how drug reform reduces the harms of drugs and keeps families safer."

Paul could take a lesson from another libertarian-leaning Republican, former New Mexico Gov. Gary Johnson, Piper said. "Gary Johnson got beaten up savagely before he learned how to frame it," he recalled. "Johnson still talks about freedom, but now he does a lot to reassure the listener that he cares about the problems associated with drug use."

"If Paul took this on head-on like Gary Johnson does and began saying it better, he would sound more rational than the Democrats," Piper said. "But by limiting the discussion to what the federal government should be doing, he's almost conceding his opponent's points. I suspect Rand Paul gets it about drug prohibition and he wants to wrap it in a safe way, but drugs is not an issue you can do that with. You have to say the war on drugs is making your teens less safe."

For Rand Paul, the real issue is not drug reform, but reining in federal spending. Whether his foray into the morass of drug politics will derail his campaign remains to be seen.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

KY
United States

This Week in History

Posted in:

September 6, 1988: After two hearings, DEA administrative law judge Francis Young recommends shifting marijuana to Schedule II so it can be prescribed as medicine. He says, "It would be unreasonable, arbitrary, and capricious for DEA to continue to stand between those sufferers and the benefits of this substance in light of the evidence in this record." Judge Young notes that marijuana is safe and has a "currently accepted medical use in treatment" and that "marijuana, in its natural form, is one of the safest therapeutically active substances known to man."

September 5, 1989: In his first nationally-televised address from the Oval Office, President George Bush declares that narcotics are "the gravest threat facing our nation," and that he is stepping up the war on drugs. Bush waves a packet of seized "crack" cocaine around on national television and declares, "This is crack cocaine, seized a few days ago by Drug Enforcement Agents in a park just across the street from the White House," a claim that is later debunked. During the same address, Bush also demands the death penalty for kingpins like Pablo Escobar and calls for the largest budget increase to date in the history of the drug war by pledging $2 billion in aid to the Andean nations.

September 5, 1990: Los Angeles Police Chief Daryl F. Gates testifies before the US Senate Judiciary Committee that casual drug users should be taken out and shot. He does not mention his own son's casual drug use.

September 4, 1991: US District Judge Juan Burciaga says, "The fight against drug traffickers is a wildfire that threatens to consume those fundamental rights of the individual deliberately enshrined in our Constitution."

September 2, 1994: In Detroit, Judge Helen E. Brown sentences Lazaro Vivas to life in prison for possession of over 650 grams of cocaine. Judge Brown tells Vivas, "I don’t think it’s fair. It is not a sentence I would give you, if I had any choice. But I have to give you this sentence, because I have to follow the law. So, your sentence is life."

September 6, 1999: Jorge Castaneda, who later becomes Mexico's foreign minister during the Vicente Fox administration, writes in Newsweek: "In the end, legalization of certain substances may be the only way to bring prices down, and doing so may be the only remedy to some of the worst aspects of the drug plague: violence, corruption, and the collapse of the rule of law."

September 6, 2000: The Ottawa Citizen reports that Jaime Ruiz, the Colombian president's senior adviser, said, "From the Colombian point of view [legalization] is the easy solution. I mean, just legalize it and we won't have any more problems. Probably in five years we wouldn't even have guerrillas. No problems. We [would] have a great country with no problems."

September 8-9, 2000: Green Party presidential candidate Ralph Nader joins New Mexico's Republican Governor Gary Johnson in criticizing the nation's war on drugs, calling for the legalization of marijuana and reform of what Nader calls "self-defeating and antiquated drug laws." Rehabilitating drug addicts gives a far better payoff than "criminalizing and militarizing the situation," he said. "Study after study has shown that, and yet somehow it doesn't get through to federal policy."

September 4, 2001: Two prominent Michigan marijuana law reform activists are shot dead, following a week-long standoff at their 34-acre "Rainbow Farm" compound in Vandalia, Michigan. The confrontation followed a two-year investigation into allegations of marijuana use at the campground.

September 7, 2001: Thirteen current and former Miami police officers are accused by US authorities of shooting unarmed people and then conspiring to cover it up by planting evidence. The indictment is the latest scandal for the city's trouble-plagued police force. All of those charged are veterans assigned to SWAT teams, narcotics units or special crime-suppression teams in the late 1990s.

September 5, 2002: DEA agents arrest Valerie and Michael Corral of the Wo/Men's Alliance for Medical Marijuana (WAMM) and destroy 150 marijuana plants intended for use by WAMM's members, most of whom are terminally ill.

Germany to Approve Sativex, But Not Medical Marijuana [FEATURE]

German press reports a couple of weeks ago carried headlines saying "Lawmakers Ready to Approve Medical Marijuana" and "Germany Plans to Legalize Medical Marijuana." Those reports were incorrect, and so was the Drug War Chronicle story based on them, "Germany Legalizing Medical Marijuana." (The title to that story, which we have since updated, now reads "Reports of Germany Legalizing Medical Marijuana Are Premature.")

Tetrahydrocannabinol (courtesy wikimedia.org)
According to the International Association for Cannabis as Medicine, whose executive director, Dr. Franco Grotenherman, also heads the German Association for Cannabis as Medicine, what actually happened is that the German government has modified its drug laws to reclassify marijuana from Annex I (no medical use) to Annex II, as long as it is "intended for the productions of preparations for medicinal purposes" -- not raw marijuana.

The health ministry also approved adding "cannabis extract (extract obtained from plants and parts of plants belonging to the species cannabis) in preparations approved as medicines" to Annex III of the drug law. That means that Sativex, a sublingual marijuana extract composed primarily of the compounds Tetrahydrocannabinol (THC) and Cannabidiol, will qualify as medicine under German law, and that its maker, Britain-based GW Pharma, can now apply to market it there.

GW Pharma is partnering with the pharmaceutical giant Bayer in marketing Sativex. Approval to use Sativex in Germany is expected to happen next year. It will only be approved for the treatment of spasticity in multiple sclerosis.

GW Pharma's move in Germany is part of a broader roll-out of Sativex, which has already been approved for limited use in Britain, won preliminary approval in Spain, and this week, was approved for MS spasticity in Canada. The company also plans to seek approvals in other European Union countries, including France and Italy.

"There are media reports that the German government is intending to ease the access to cannabis for medicinal purposes," said Dr. Grotenhermen in response to a Chronicle query. "Most of the reports are misleading. The German government has agreed to allow pharmaceutical companies to apply for approvals on cannabis-based medicines in Germany. No other changes with regard to the medical use of cannabis are intended by the German government. The German Association for Cannabis as Medicine is calling the media reports initiated by the German government 'misleading,' since they suggest that cannabis will be available in Germany soon for many patients, while it is only for spasticity in MS after the approval of Sativex for this indication," Grotenherman said.

"The German government announced a 'major breakthrough' for cannabis as medicine in Germany, and nearly all the newspapers repeated this without knowing what the 'breakthrough' actually was," explained German hemp activist Steffen Geyer. "The next day, the real decision was made public, and it basically said they will change the law so Bayer can sell Sativex to patients with multiple sclerosis. The 'breakthrough' is really a small step, and they aren't doing it for the patients, but for the companies."

Cannabidiol (courtesy Cacycle, wikimedia.org)
And that means no relief in sight for most of Germany's medical marijuana patients.  As things now stand, people in Germany who want to use medical marijuana have two choices: If all other treatment options have been tried already, they can be prescribed Marinol, which is expensive and typically not covered by health insurance. Or, since a German court ruling forced the government's hand, they can apply to the government for special permission to use medical marijuana.

Only about 40 patients are permitted to do so, and they must buy their medical marijuana from a Dutch supplier, Bedrocan, in German pharmacies. They cannot grow their own, and no one can grow it for them, either. Just last month, the Federal Institute for Drugs and Medical Devices rejected a patient's bid to grow his own. The patient had permission to get cannabis at the pharmacy, but said he could not afford it.

"Most patients who tried Marinol said it didn't work like natural cannabis, so after a couple of years, the institute 'invented' an extract made from cannabis flowers and sesame seed oil," said Geyer. "That didn't work, either. It was even worse than Marinol. Again, a couple of years went by, some more patients died, then the court ruling forced the government to allow some patients to use cannabis as medicine. But that Dutch medical marijuana is expensive, so most patients can't afford the amount they actually need. But since, like everybody else, they are not allowed to buy or grow their own, some of them are in jail."

Pharmaceutical Bedrocan goes for $18-30 a gram, while black market marijuana sells for $6-15 a gram, Geyer reported.

"So, none of this changes, and now the wonderful news that Germany will be the next country where Bayer can get richer by selling Sativex," the activist sardonically noted. "But it won't be in the pharmacies, it will only be for specified conditions, you will still have to try all the other therapies first, and health insurance won't pay the bill."

The German government's resistance to expanding access to medical marijuana comes even as opinion polls show strong support for it among the citizenry. An August poll had 76% of German voters in favor of medical marijuana and only 18% opposed. Similarly, 65% said health insurance should pay for it.

Medical marijuana patients and would-be patients need to continue to organize, said Geyer. "We need to get the German patients more political," he said. "For the last 10 years, there was often a gulf between 'good' patients and 'bad' recreational users, and that sucked the political power out of the movement. But patients started to see this as a problem, and have begun to ask hemp activists about advice for political campaigns. This year, for example, for the first time, we had legal patients marching in the Hemp Parade, and that led to widespread news coverage related to cannabis medicine." 

Geyer has a plan. "The next step on my medical cannabis agenda is to get more patients to ask for legal permission to grow their own marijuana," he said. "The cost problem may make that possible. Both Marinol and the Bedrocan are far, far more expensive than the plant, and most patients just don’t have the money. There is a chance this will work soon. After the first couple of 'I Can Grow' patients, I would like to establish a patients' cannabis social club, but that's at least two or three years away."

Germany has allowed corporate cannabis medicine a foot in the door, but it is so far still leaving the vast majority of possible beneficiaries of medical marijuana -- the patients -- on the outside waiting to get in.

Germany

California Legislature Passes Marijuana Decriminalization Bill

Just hours before the state's legislative session ended Tuesday, the California Assembly voted to approve SB 1449, Sen. Mark Leno's bill to fully decriminalize simple marijuana possession. The bill passed the Senate in June and now goes to Gov. Arnold Schwarzenegger's desk.

The vote was 43-33 and largely along party lines. Democrats supported the bill 40-8, while Republicans opposed it 23-2.

Under current California law, possession of less than an ounce of pot is punishable by no more than a $100 fine, but is still a misdemeanor. That means people busted for a joint or a half-bag must be arrested, booked, and appear in court, and they get a criminal record. It also means meaningless work for the police and the courts.

Marijuana possession is the only California misdemeanor with a set maximum fine and no possible jail time. The Leno bill changes the offense to an infraction, meaning no arrest, no booking, no court appearance, and no criminal record.

"The penalty for possession of less than an ounce of marijuana is a fine of $100, with no jail time," Leno said on introducing the bill. "If the penalty is $100, with no jail time, that is an infraction. That is not a misdemeanor."

Keeping simple possession a misdemeanor has had "serious unintended consequences," the San Francisco Democrat said. "As the number of misdemeanor marijuana possession arrests have surged in recent years, reaching 61,388 in 2008, the burden placed on the courts by these low level offenses is just too much to bear at a time when resources are shrinking and caseloads are growing."

Sacramento, CA
United States

This Week's Corrupt Cops Stories

Oh, temptation, such a torment for the weak-willed. A South Carolina cop peddles his drug dog's training dope, an Iowa cop gets caught with a bunch of coke, and a Florida trooper is profiling out-of-state pain patients and stealing their medicine. Let's get to it:

police officer with drug dog, Port Authority of New York & New Jersey
In Swansea, South Carolina, a Swansea police officer was arrested Monday for allegedly selling "training drugs" to people in the community. Charles Schuler, 37, was a K-9 officer and would be given small amounts of drugs to train his dog. But the department got a tip that Schuler was visiting a "known drug house" while on duty, and when police raided the place Monday, two people inside said Schuler supplied them with drugs. He is charged with misconduct in office and is being held at the Lexington County Detention Center on $100,000 bond. Oh, and he's now a former Swansea police officer. He was fired the same day he was arrested.

In Muscatine, Iowa, a Muscatine police officer was arrested Saturday after getting busted with 1.5 ounces of cocaine. Officer Scott Burk, 47, is charged with possession of a controlled substance with intent to deliver and a drug tax stamp violation, both felonies. He's looking at up to 15 years in prison if convicted on both counts. His arrest came after an investigation by the Iowa Bureau of Investigation, which has so far not released further details. Burk had worked an overnight patrol shift since November, but for a year before that, he had been an officer on the Muscatine County Drug Task Force. Last month, the state auditor reported that at least $8,810 in cash and money orders held by the task force could not be accounted for. Burk has not been named as a suspect in that. He is jailed on a $2,500 cash bond. He has been fired.

In Fort Pierce, Florida, a former Florida Highway Patrol trooper faces a drug possession charge after being accused of targeting cars with Kentucky and Tennessee license plates and stealing prescription drugs from their drivers and passengers. Former trooper Gary Bach faces one count of misdemeanor oxycodone possession. He went down after two separate complaints, one that alleged the theft of six Oyxcontin pills in October, and one in January in which a trooper was accused of stopping a vehicle because it had Kentucky plates. During an investigation that included the DEA, Bach told investigators it was "common knowledge" that people from Kentucky and Tennessee drove to Florida pain clinics to get prescriptions and that for two weeks last November he didn't stop anyone except people from those states as he investigated "doctor shopping." He was charged in May and resigned August 24.

Canada Approves Marijuana Extract Sativex for MS Spasticity

Health Canada has given final approval for the use of Sativex, a sublingual marijuana extract, for the treatment of spasticity in multiple sclerosis patients, the drug's manufacturer, GW Pharmaceuticals, announced Tuesday. Canada had previously approved Sativex for neuropathic pain in MS patients in 2005 and for pain relief in cancer patients in 2007.

Cannabidiol, one of the two major compounds in Sativex (courtesy Cacycle, wikimedia.org)
"This means that people in Canada with MS experiencing the debilitating symptoms of spasticity, such as painful spasms and cramps, will now have a new treatment option in addition to standard therapy," the company said in a press release.

The announcement comes as Sativex appears poised for a break-out. Already approved for use in Britain, it received preliminary approval earlier this month in Spain, and the German government announced two weeks ago that it would allow Sativex to apply for approval there. The company said it is also looking to market the drug in other European countries in association with Bayer.

"Following recent approvals in the UK and Spain, Canada is now the third major country to approve Sativex for symptomatic relief of spasticity in adult patients with MS," said Dr. Steven Wright, GW's research and development director. "This regulatory approval has come several months earlier than anticipated and GW looks forward to working with Bayer to develop the marketing strategy for this new indication."

Ottawa
Canada

Jailed Swiss Marijuana Advocate Renews Hunger Strike

Swiss cannabis pioneer Bernard Rappaz has renewed his hunger strike after being returned to prison on the failure of his appeal to the country's Federal Tribunal. Rappaz is serving a 68 month sentence for cannabis distribution after running afoul of conservative pot laws in the canton of Valais, where he lives.

Free Bernard Rappaz campaign poster
Rappaz had been on a 50-day hunger strike while imprisoned earlier this year and was hospitalized in Bern while Valais authorities dithered over whether to force-feed him against his written wishes. Instead, they released him to house arrest last month pending his appeal.

The appeal was turned down last week and Rappaz was returned to prison. He restarted his hunger strike on Monday.

Rappaz, a long-time cannabis and hemp activist, has long been a burr under the saddle of authorities in the conservative canton. They responded first with his original prosecution and sentencing (a partner was sentenced only to parole), then again by bringing a series of new charges against him shortly after he was released on house arrest last month. The new charges, for offenses that allegedly took place between 2002 and 2006, include document falsification, money laundering, violation of drug laws, and social benefits fraud.

There is an international campaign to free the Swiss activist, who is sometimes referred to as "the Gandhi of hemp." There is a French language Support Bernard Rappaz Facebook page and Solidarity with Bernard Rappaz web site. For English speakers, the European Coalition for a Just and Effective Drug Policy (ENCOD) has a Bernard Rappaz web page.

Switzerland

Vegas Voters Reject Hash Bars, Hookers, Poll Says

An 8 News Now/Las Vegas Review-Journal poll has found little support for legalizing Amsterdam-style cannabis cafes or prostitution. Only 30% of respondents supported retail marijuana sales and only 19% supported legalizing prostitution.

only gambling allowed (image courtesy commons.wikimedia.org)
The poll asked: "As a possible way to improve tourism, would you support or oppose legalizing Dutch-style hashish and marijuana bars in Las Vegas?" Nearly two-thirds (64%) of respondents said no, while 6% were undecided.

The poll was conducted last week by Mason-Dixon Polling and Research. The group surveyed 405 registered Clark County voters and had a margin of error of +/- 5%.

Setting up cannabis cafes would work against efforts to craft a more mainstream, family-friendly image for the long-time gambling destination, Mason-Dixon pollster Brad Coker told the Review-Journal. And hookers and hash bars may be too much even for the famously live-and-let-live city, he added. "Things are maybe a little desperate in Clark County these days, but I don't think they're quite that desperate yet," Coker said. "These kinds of issues push the limits of even a libertarian community. You could go to some very liberal communities, and the idea of legalizing prostitution would probably raise a few eyebrows."

The Marijuana Policy Project had spent nearly a decade attempting to convince Nevada voters to legalize marijuana before pulling out earlier this month because of funding problems. Also contributing to that decision was another poll earlier this month that had support for legalization at only 42%.

Las Vegas, NV
United States

Michigan Court Keeps Detroit Marijuana Initiative Off Ballot

In an August 26 ruling, the Wayne County Circuit Court refused to order the Detroit city clerk to put a municipal marijuana legalization initiative on the November ballot. Initiative organizers, the Coalition for a Safer Detroit had gathered sufficient valid voter signatures to qualify for the ballot, but in a surprise move earlier this month, the city's Election Commission removed the measure from the ballot, saying it was preempted by state law.

Comerica Park, Detroit (wikimedia.org)
The Coalition for a Safer Detroit is now considering an appeal to the Michigan Court of Appeals. But with election day little more than two months away, there are questions about whether a decision would come quickly enough to get the measure back on the ballot in time.

The Wayne County Circuit Court took and decided the case on an expedited basis. It is not clear whether the appeals court could or would also do so.

The initiative would have legalized the possession of up to an ounce of marijuana on private property for people 21 or older. It would have done so by simply removing all references to simple marijuana possession by adults from the city code.

The coalition handed in more than 6,000 voter signatures earlier this year, and the initiative was approved by the same Detroit Election Commission that killed it August 9. After it was approved, in accordance with city law, the initiative went before the Detroit City Council, which could have voted to make the initiative law. By failing to vote on the initiative, the Council cleared the way for the voters to make their preferences known in November -- or so everyone thought.

But the Election Commission voted 3-0 to remove the measure from the ballot. The surprise move came after Detroit Corporation Counsel and commission member Krystal Crittenden told the commission that in the opinion of the city's law department, which she oversees, state law forbidding marijuana possession preempted the measure.

Detroit, MI
United States

New Colombian President Joins Call for Drug Legalization Debate

Colombian President Juan Manuel Santos said in a Mexico City radio interview Wednesday that he supported Mexican President Felipe Calderon's call for a debate on drug legalization. He also said that he will seek to build a united front with Peru and Mexico on legalization if voters in California approve marijuana legalization in November.

President Santos as candidate, June 2010
meeting with Secretary Clinton
Colombia and Peru are the world's top cocaine producers. Mexico is the leading hemispheric producer of marijuana and opium, as well as being the home to some of the world's wealthiest and deadliest drug trafficking organizations.

"We are entering the era of the drug trafficking business where one must have these types of reflections," Santos said. "President Calderon is right to call for this to be discussed, without meaning that one is in agreement or not with the position of legalization."

Santos eyed California's Proposition 19 marijuana legalization initiative with mixed feelings. "How would we explain to an indigenous person on a Colombian mountain that producing marijuana is illegal and take him to jail or destroy the marijuana when in the US it is legal to consume it?" he asked.

Santos said he was perturbed by the distinction made by some in the US between "soft" drugs like marijuana and "hard" drugs like cocaine or heroin. "Where do we draw the line?" he asked.

"We are all affected by this scourge of drug trafficking," Santos said, referring to Colombia, Mexico, and Peru. "We must sit down and work out how we are going to react and what is going to happen after this referendum," he said. "All strategies that are combined are more effective."

Colombia cannot legalize the drug trade by itself, Santos said. "Unilaterally, we cannot legalize drugs because they are a problem not only for national security, but there are also international implications."

That President Santos should make such remarks is not much of a surprise. In 1998, as head of the Good Government Foundation, he co-signed an open letter to then UN Secretary General Kofi Annan calling for a "frank and honest evaluation of global drug control efforts" because "we believe the global war on drugs is now causing more harm than drug abuse itself."

And two years ago, he told a London conference on cocaine that legalization should be part of the debate. He said then that there was no political will to do that. Time will tell if anything has really changed in that regard.

Colombia

Canada's Conservatives Try Again with Mandatory Minimum Drug Bill [FEATURE]

Canada's Conservative minority government hopes the third time is the charm for its controversial measure to increase sentences for marijuana cultivation and introduce mandatory minimum sentences for some drug offenses. Now known as S-10, the measure will be taken up by the Senate when it returns from recess at end of next month.

Parliament Hill, Ottawa (math.nist.gov)
The bill is designed to "send a message" that "if you sell or produce drugs, you'll pay with jail time," Justice Minister Rob Nicholson said when re-filing the bill in May.

Under the bill, anyone growing six or more plants for the purpose of drug trafficking could face a mandatory minimum six month jail sentence, with a one-year mandatory minimum for up to 200 plants and two years for up to 500 plants. Hash makers also face a one-year mandatory minimum.

The mandatory minimum sentences could be increased by half if any of a number of aggravating factors are claimed. These include whether a weapon was found on the premises, if minors were involved, if the location was unsafe, and whether pot production posed a danger to the public in a residential area.

The Conservatives' bill comes even as crime rates in Canada have fallen to a 30-year low and with majorities supporting marijuana legalization in recent polls.

"This is a terrible bill," said Jacob Hunter of Why Prohibition?, a web site set up by opponents of the bill to encourage online activism and social networking to defeat it. "I think the single worst provision is the 18-month mandatory minimum for making one pot brownie if the police can show you shared it with friends."

"The Conservatives have less than a third of the popular vote, and they think they have a mandate for these draconian measures," said Eugene Oscapella, an Ottawa law professor and head of the Canadian Foundation for Drug Policy.

Last year's version of the bill, known as C-15, made it through the House of Commons with the support of the Liberals, but was softened slightly by Liberals in the Senate. But before the amended measure could pass, Prime Minister Harper ended the parliamentary session, killing the bill for the year.

In power since the 2006 elections, the Conservatives have been unable to win enough seats to form a majority government. Right now, the Conservatives hold 143 seats of the 307 in the House of Commons, with the Liberals holding 103, the Bloc Quebecois 51, and the New Democrats (NDP) 51.

That means the Conservatives are once again going to have to win over members of other parties to pass S-10. With the NDP and the Bloc both in solid opposition, the Conservatives will have to pick up support from the Liberals, but whether they will be able to do so remains to be seen. Last time, Liberal support got the bill over the top in the House, but this year, the Liberals are preparing for a possible called election in the fall or winter and may have had an infusion of spine-stiffener on the issue.

"The Liberals are running around like the cowardly lion," said Oscapella, who expressed dismay at their lack of principle. "There is no sign yet that they are doing anything other than kowtowing to the government on this issue."

"Last time the Liberals did support C-15 in the House, but modified and delayed it in the Senate," said Hunter, who was slightly more positive about the Liberals. "They were terrified of being soft on crime. This time, I'm hearing the Liberals won't be so easily cowed. They feel they can counter the soft on crime attack by attacking the Conservatives on cost. It will be a purely political decision for the Liberals."

Noting that the parliamentary budget office has set the price-tag of S-10 at $10 billion, Hunter said the high cost would be a wedge to use against the bill. "This has emboldened the opposition to attack the Conservative's law and order crime agenda as too costly," he said. "Plus, crime is a historic low, and these mandatory minimum policies have been tried in the US to poor effect."

In the Senate, Conservatives do have an outright majority of 54 of 105 Senate seats -- if the two Progressive Conservative senators are counted. The Liberals have 49 seats, and there are two independents. Conservative strength in the Senate may explain why the Harper government decided to place S-10 in the Senate instead of the House of Commons.

Opponents of S-10 are gathering their forces. They will have months or perhaps even a year to mobilize opposition as the bill moves through the parliamentary process.

"There is a lot of opposition to this bill in the media, which is coming out strongly against mandatory minimums and in favor of ending the war on drugs," noted Oscapella. "Yet the government wants to plow ahead. Faced with strong opposition, the more adamant they are that they will succeed," he said.

"This is all the more depressing because for years, the excuse was that the US would never let us do drug reform," the Ottawa attorney continued. "Now the rhetoric and the attitude in the US is changing, and this would be a time for us to move forward, but we're set to move backward. It's like George Bush came to Canada."

NDP MP Libby Davies, the party's drug policy critic, has been a stalwart in the fight against earlier incarnations of the bill and is likely to do so again. While, the East Vancouver MP was out of the office this week, Davies spoke out against the new bill back in May when it was introduced.

"I have been working at every turn to stop this failed, George Bush style war-on-drugs Bill that proposes mandatory minimum sentences for drug crimes," Davies said. "My NDP colleagues and I voted a resounding no when this bill was introduced in the House as Bill C-15, but it was passed with the support of the Liberal Party. Now we have a second chance to stop this wrong-headed and costly legislation. The Conservatives’ iron fisted approach that criminalizes drug users is taking Canada in the wrong direction."

Why Prohibition? and other activist groups are preparing protests across Canada on October 2, as well as bombarding parliament and the government with messages opposing S-10. And that will be just the beginning of the campaign.

It looks like the Liberals hold the key to whether S-10 passes or fails. In the months ahead, expect the pressure on them to increase dramatically. And let's hope for the Conservatives that instead of third time is the charm, it's three strikes and you're out.

ottawa, ON
Canada

Veteran Drug Reformer Wins Florida House Primary

Long-time drug reform advocate Jodi James has won the Democratic primary for Florida House District 31, in Brevard County on the Central Florida Atlantic Coast. She will now face Republican incumbent John Tobia (R-Melbourne) in the November general election.

Jodi James at work
James also won the nomination in 2002, only to be defeated in the general election.

According to official figures from the Florida Secretary of State's office, James pulled down 44% of the vote in a three-way race. Her two opponents split the remainder, coming in with 28% each.

As the South Florida Gay News noted in bemoaning the loss of openly gay, fiscally conservative candidate Joe Pishgar in the race,"But Pishgar was not the only unique candidate in that race. Jodi James handily took the Primary as the NRA-endorsed daughter of a Deacon who wishes to relax marijuana laws and do away with FCAT testing in schools."

James has been active in drug reform politics since moving to the Sunshine State in 1995. She is a member of the Drug Policy Forum of Florida and served as executive director of the Florida Cannabis Action Network. She has also been active in Democratic Party politics at the state level.

On her campaign web site, James staked out a progressive position on criminal justice issues, saying: "Jodi James believes in a criminal justice system that focuses on restoration for the victim first. She supports everyone having equal access to the courts. Justice can only be served if everyone is equal in the eyes of the law. Jodi supports restoration of civil rights upon the completion of sentences and alternatives to incarceration when public safety can reasonably be assured."

In addition, in her "issues at a glance" section, she lists herself as supporting "smart on crime practices that bring justice to the victim" and "sensible drug policies that reduce crime." A link next to that item opens up the web site of Law Enforcement Against Prohibition.

With her primary victory, Jodi James has taken another step on drug reform's long march through the institutions of power. Let's hope there are many more reformers following in her footsteps.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Melbourne, FL
United States

Mexico Drug War Update

by Bernd Debusmann, Jr.

Mexican drug trafficking organizations make billions each year smuggling drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed more than 28,000 people, the government reported this month. The increasing militarization of the drug war and the arrest of dozens of high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:

municipal building, San Fernando, Tamaulipas
Thursday, August 19

In Ciudad Juarez, 12 people were killed in various parts of the city. In one case, a man on a bus was killed after being shot by another passenger, who was apparently following him and waiting for an opportune moment to strike. In another incident, a group of armed men stormed a house, killing one man and leaving a woman and a child wounded.

Friday, August 20

In Monterrey, two private security guards were killed after a shootout in front of the prestigious American School Foundation, known for educating the children of many wealthy locals and those of American expatriates. The gun battle apparently began after the guards had a verbal altercation with a group of armed men who were driving near the school. Four guards who disappeared under unclear circumstances during the gunfight turned up safely on Friday. It is unclear whether the men fled or were kidnapped by the gunmen, as has been reported in the Mexican media.

Saturday, August 21

In El Paso, a bullet fired during a gunfight in Ciudad Juarez struck a building belonging to the University of Texas at El Paso (UTEP). At least eight rounds fired in Ciudad Juarez have struck buildings in El Paso in recent weeks.

Sunday, August 22

In Cuernavaca, four bodies were discovered hanging from a bridge. The bodies had been decapitated and mutilated, and their genitals had been removed. A note left at the scene indicated that the men were affiliated with American-born cartel figure Edgar Valdez Villareal, who is currently in a power struggle with Hector Beltran-Leyva for control of the Beltran-Leyva Organization. Cuernavaca has seen a dramatic surge in violence since cartel boss Arturo Beltran-Leyva was killed in December, leaving his organization leaderless.

Monday, August 23

In Hidalgo, seven bodies were discovered inside two mines that were being used as clandestine graves by suspected drug cartels. Authorities were led to the mine by several suspects arrested last week, including three police officers. In May, a similar discovery in Taxco led to the discovery of 55 bodies.

In Ciudad Juarez, five people were killed in several incidents in the city. Among the dead was a federal police officer who had been decapitated, dismembered, and whose body parts were left strewn along a highway. In another incident, a municipal policewoman was shot dead off-duty as she drove in a car with her child, who was left uninjured.

Tuesday, August 24

In Tamaulipas, 72 bodies were discovered at a farm after a gun battle in San Fernando, about 100 miles from Brownsville, Texas. The bodies were discovered by Marines acting on a tip from a man who claimed he was an illegal migrant who had been kidnapped. Initial reports suggest that the dead are mainly Central American immigrants who were killed after refusing to pay an extortion fee. Drug cartels, particularly the Zetas Organization which is powerful in Tamaulipas, have increasingly begun kidnapping migrants in addition to narcotics smuggling.

Near Acapulco, two bodies were discovered hanging from an overpass bridge on the highway from Chilpancingo. Their arms had been chopped off and a note was left with the bodies threatening extortionists, kidnappers, and the army.

In Mexico City, investigators from the UN and the OAS said that Mexico was the most dangerous place for journalists in the Americas. Some 60 journalists have been killed in the country since 2,000, according to the National Human Rights Commission.

Wednesday, August 25

In Sinaloa, three young men were found dead inside a car near the town of Las Palmas. All three had been reported missing on Sunday. At least one of the bodies, found in the trunk of the car, had signs of torture. All three had been shot.

Total Body Count for the Week: 301

Total Body Count for the Year: 7,331

Read the previous Mexico Drug War Update here.

San Fernando, TAM
Mexico

This Week in History

Posted in:

August 28, 1964: The Beatles are introduced to marijuana.

September 2, 1994: In Detroit, Judge Helen E. Brown sentences Lazaro Vivas to life in prison for possession of over 650 grams of cocaine. Judge Brown tells Vivas, "I don't think it's fair. It is not a sentence I would give you, if I had any choice. But I have to give you this sentence, because I have to follow the law. So, your sentence is life."

August 28, 1995: The World Health Organization (WHO) publishes "WHO Project on Health Implications of Cannabis Use: A Comparative Appraisal of the Health and Psychological Consequences of Alcohol, Cannabis, Nicotine and Opiate Use." The original version -- not the official one -- states,"... there are good reasons for saying that [the risks from cannabis] would be unlikely to seriously [compare to] the public health risks of alcohol and tobacco even if as many people used cannabis as now drink alcohol or smoke tobacco."

August 30, 1996: The Washington Post reports that Republican presidential hopeful Bob Dole hammered President Clinton for his drug policy and made the war on drugs one of his top campaign issues. Declaring that President Clinton had "surrendered" in the war against drugs, Dole called for an expanded role of the National Guard, and for military and intelligence services to fight drugs.

August 29, 2001: The Dallas Morning News reports that Ernesto Samper, the former president of Colombia, said, "The problem is the law of the marketplace is overtaking the law of the state... We have to ask, is legalization the way out of this? We cannot continue to fight this war alone. If the consuming nations do nothing to curb demand, to control money-laundering, to halt the flow of chemicals that supply the drug-production labs, then in a few short years the world is going to see legalization as the answer."

August 27, 2002: Canadian Press, Canada's national newswire, reports that Health Minister Anne McLellan said the federal government is not backing away from its plan to supply patients with medical marijuana. Bristling earlier reports that the project had been shelved, McLellan said, "In fact, far from shelving it, what we're doing is implementing the second stage."

September 1, 2003: In an effort to save over $30 million in general revenue in five years, Texas implements a new law that requires mandatory community supervision for first time drug offenders adjudged guilty of possession of less than one gram of certain controlled substances or less than one pound of marijuana. Under previous law, such offenders were only eligible for state jail community supervision or incarceration in a state jail facility.

Drug Czars Past and Present Oppose Prop 19 Marijuana Init

In an absolutely unsurprising turn of events, current head of the Office of National Drug Control Policy Gil Kerlikowske and five former drug czars have come out against Proposition 19, California's marijuana legalization initiative. The six bureaucratic drug warriors all signed on to an op-ed, Why California Should Just Say No to Prop 19, published in the Los Angeles Times Wednesday.

Drug Czar Gil Kerlikowske with President Obama
Joining Kerlikowske in the broadside against legalization were former drug czars John Walters, Barry McCaffrey, Lee Brown, Bob Martinez, and William Bennett.

The drug czars claim that Prop 19 supporters will "rely on two main arguments: that legalizing and taxing marijuana would generate much-needed revenue, and that legalization would allow law enforcement to focus on other crimes." Then they attempt to refute those claims.

Noting that marijuana is easy and cheap to cultivate, the drug czars predict that, unlike the case with alcohol and tobacco, many would grow their own and avoid taxes. "Why would people volunteer to pay high taxes on marijuana if it were legalized?" they asked. "The answer is that many would not, and the underground market, adapting to undercut any new taxes, would barely diminish at all."

Ignoring the more than 800,000 people arrested for simple marijuana possession each year, including the 70,000 Californians forced to go to court for marijuana possession misdemeanors (maximum fine $100), the drug czars claim that "law enforcement officers do not currently focus much effort on arresting adults whose only crime is possessing small amounts of marijuana."

They then complain that Prop 19 would impose new burdens on police by making them enforce laws against smoking marijuana where minors are present. Those laws already exist; Prop 19 does not create them.

The drug czars warn that if Prop 19 passes, "marijuana use would increase" and "increased use brings increased social costs." But they don't bother to spell out just what those increased costs would be or why.

The drug czars' screed has picked up a number of instant critiques, including those of Douglas Berman at the Sentencing Law and Policy blog, Jacob Sullum at Reason Online, and Jon Walker at Firedoglake.

We're waiting for a drug czar to come out for pot legalization, not oppose it. Now, that would be real news.

Los Angeles, CA
United States

Mexico Talking But Not Moving on Drug Legalization [FEATURE]

When, earlier this summer, the Mexican government admitted that some 28,000 people had been killed in prohibition-related violence since President Felipe Calderon rolled out the army in December 2006, it seemed to mark a turning point in Mexico's ongoing debate over how to end the madness. Calderon began an ongoing series of meetings with civil society organizations, government functionaries, and the political parties, and even suggested that drug legalization was open for debate.

Feb. '09 drug policy forum held by
Mexico's Grupo Parlamentario Alternativa
But he quickly stepped back from the abyss, clarifying that no, he did not support legalization and, yes, he was going to continue to rely on the Mexican military to fight the drug war for the rest of his term.  Still, while the short-term prognosis for serious drug reform is poor, the president's stutter-step around the issue has opened the door for debate.

That doesn't mean any of the four legalization bills, mostly aimed at marijuana, in the Mexican Congress's lower chamber or the one in the Senate are likely to pass. After all, it was only last year that Mexico approved the decriminalization of the possession of small amounts of drugs (and even that was wrapped inside a broader bill aimed at widening the drug war). Analysts who spoke to the Chronicle this week agreed that while the increasingly open debate over legalization is a step in the right direction, reform is going to be an uphill battle, at least until Calderon's successor is chosen in 2012.

The series of meetings Calderon has been holding are a good thing, if long overdue, said Maureen Meyer, a Mexico analyst at the Washington Office on Latin America. "With these encounters, he's getting more buy-in from all sectors -- civil society, the government, the political parties -- but it's late," said Meyer. "The critique of current strategy should have begun long ago. At least in the past few weeks, there has been more frankness in his discourse on the magnitude of the problem and more willingness to engage in discussion, but what that means in terms of policy remains to be seen."

What it does not mean, Meyer said, was real measurable progress toward legalization. "There are several bills that are looking at legalization, mostly of marijuana, and yes, this broader debate is happening, but it will be a long time before we see some legislative changes in the county," she said.

"The debate over legalization has already been going on for many years," said Jorge Hernandez Tinajero, a Mexico City political scientist and member of CUPIHD (in English, the Collective for an Integrated Drug Policy). "It is the political class that has been slowest to enter into it, and especially the president, who was the last to concede that a discussion was necessary," he said.

"In reality, Calderon brought this up not because he thought he could win the debate, but because his strategy has been just a tremendous failure, and this disaster is reaching intolerable levels, including among his closest allies," Hernandez continued. "For example, the theme of legalization leapt up in an encounter with civil society organizations dedicated to security, and almost all of them are on the right."

But while the years of carnage under Calderon has opened the door for legalization, it is still a minority position even if it is gaining more high-powered adherents, such as Calderon's predecessor Vicente Fox. None of the three main political parties are keen on it even if some political figures are keen to use the bloodshed as a club against Calderon. And from the north, the US is glowering down.

"I don't think drug legalization will go any further than a discussion among specific sectors of society," said Victor Clark Alfaro, head of the Bi-national Center for Human Rights in Tijuana. "It's mainly supported by intellectuals and academia, but it doesn't have the sympathy of the population as a whole, nor does it have the support of the US government," he argued.

Even if there is no political will to advance legalization in Mexico right now, the issue will continue to fester until it is addressed, said Larry Birns, director of the Council on Hemispheric Affairs in Washington, DC. "The issue of legalization and decriminalization is not going to go away, it will hunker down in the suburbs of this debate, and at a certain point, will explode," he predicted.

"We don't know how or when this is going to end, but it won't end with this president," Clark said. "There are sectors of the population telling him to change his strategy, but Calderon has told society he is going to continue with the strategy until the end of his term. That means two more years of the same or worse. Probably worse," he predicted.

While political progress toward legalization and a reduction in violence appears blocked for now, Calderon's deployment of the Mexican Army and the bloody results of that deployment have damaged both the president and the military. It is also contributing to the likelihood that Calderon's conservative PAN (in English, National Action Party) could lose the presidency in 2012. The PAN fared poorly in off-year elections this summer.

"If you ask me how I will remember Calderon, it is the violence," said Clark. "The huge number of people getting killed with the war against drugs, the increasing activity of the drug cartels -- this war has obviously damaged Calderon's image instead of bolstering it, at least in our country," he said.

"Calderon's approval ratings are down from the beginning of his government, but they haven't decreased much lately," said Myer. "But if you ask a citizen in Ciudad Juarez, they tell you there's more violence than two years ago and they want the military and the federal police out. There is some hesitancy in continuing to support the PAN," she added. "It's not just the violence, it's also the economy."

The Mexican military, too, is seeing its image tarnished as it wages war against the drug traffickers and, seemingly, a substantial portion of the various local, state, and federal police forces, who are actually working for the so-called cartels. The number of human rights complaints against the military has climbed to more than 2,000 since it left the barracks at the end of 2006.

"Calderon played the military card, the ultimate card he had, but the military hasn't succeeded," said Birns. "It has instead generated negatives: increased violence, increased human rights violations, increased repugnance toward the military from the population. The army's commitment to the war has rendered it unpopular."

"When President Zedillo deployed the military in the 1990s, it was an institution with a good image in society, but when Calderon deployed them in large numbers the military is paying a price in terms of its image because of the increasing number of human rights violations," said Clark. "The soldiers lack training to deal with the drug war, but they are on its front lines."

But while it is the military waging the war, it is doing so on behalf of the governing elite. It is the president and the Congress who make the decisions, and when it comes to embracing drug legalization as a solution to the violence, they are just not there yet.

"The political class still doesn't understand the terms of the debate," said Hernandez. "Nor does it really know the drug problem. Our task as reformers now is to try to steer the discussion so they understand that drug legalization by itself is not going to end the problems of security, but it would help the drug problem."

While it is ultimately up to Mexico to resolve the problem of violence and insecurity related to the traffic in illicit drugs, there is something Americans can do to help, said Hernandez, and he wasn't referring to sending more guns and helicopters and DEA agents. What would help in Mexico would be watching California vote to legalize marijuana, he said.

"The debate in Mexico has also been pushed by the marijuana reforms in the United States," said Hernandez. "The perception is that while you are legalizing, we are killing ourselves. And the political class understands this, so the referendum in California is very important for us."

Mexico

Reports of Germany Legalizing Medical Marijuana are Premature

Update: Since publishing this article, knowledgeable parties in Germany have informed us that the press reports we relied on in this article were incorrect. The government at this point is only moving to approve Sativex, a cannabis-based sublingual medication, not smoked or edible marijuana, and it is a step toward approving Sativex, not immediate availability of it. Once we can confirm that information, we will post a new story, as well as linking to it here.

Germany's health ministry has announced plans to allow the use of marijuana as a medicine. In an August 16 press conference, Health Minister Philipp Roesler told reporters that only changes in ministry policy would be required and that no changes in German law would be needed.

cannabis prescription legally produced in Netherlands (courtesy Marijuana Policy Project)
Although the medicinal qualities of marijuana are increasingly non-controversial in Europe, German lawmakers two years ago rejected a move to legalize medical marijuana. Individual patients have had to go to court to win the right to be prescribed, a state of affairs that has resulted in only 40 patients in the entire country having medical marijuana prescriptions.

Because medical marijuana is accepted in other European countries, legalizing it in Germany should go "quickly by comparison," Roesler said.

It is time for Germany to join the club, said health care professionals welcoming the move. "Because it is disproportionately difficult to obtain cannabis as medicine, many patients with chronic pain are currently forced into illegality," said Eugen Brysch of the German Hospice Foundation. Medical marijuana could play "an important role" in the treatment of the critically ill, he added.

"It's time to bring cannabis out from the shadows," said Gerhard Mueller-Schwefe, president of the German Society for Pain Therapy.

Germany

This Week's Corrupt Cops Stories

A Texas DA plays funny with the drug money, so does a Baltimore narc, and cops in Alabama, Georgia, and Oklahoma join the hall of shame. Let's get to it:

too much cash can corrupt cops
In East Brewton, Alabama, a former East Brewton police officer was arrested August 17 for helping his brother burglarize a pharmacy and steal prescription drugs. Former East Brewton Police Lt. Matthew Kirk, 36, was indicted on two counts of burglary, third degree; one count of theft of property, second degree; and one count of an ethics violation. Kirk went down after his brother got popped selling stolen Xanax in Florida and ratted him out. When the brother's hotel room was searched, police found Xanax, oxycodone, methadone, morphine, and hydrocodone, according to previous reports. Kirk is currently being held at the Escambia County Detention Center in Brewton on a $100,000 bond.

 In Alice, Texas, the former Jim Wells County district attorney was indicted August 18 for illegally spending more than $200,000 in asset forfeiture funds on himself and three others in his office. Former DA Joe Frank Garza is charged with first-degree felony misapplication of fiduciary property. While the federal indictment uses the $200,000 figure, an audit by Garza's successor found that the former DA had paid $1.2 million in seized funds to his three staff members and $81,000 to himself between 2002 and 2008. The audit found money transferred to employees for car allowances, stipends, reimbursements, advances, audits, travel and contract labor. Under Texas law, DAs may use asset forfeiture funds to supplement staff salaries, but only with the permission of county commissioners. Garza never sought that approval. He was voted out of office in 2008.

In Atlanta, a Clayton County police officer was indicted August 18 on charges he protected drug deals and stole money and guns from drivers during traffic stops. Clayton County Police Officer Jonathan Callahan, 27, faces nine federal charges, including three counts of aiding and abetting the distribution of more than 500 grams of cocaine, two counts of theft for stealing a firearm from a motorist and money from another, and possession of a stolen firearm.

In Baltimore, a former Baltimore narcotics detective was sentenced August 18 to 20 months in federal prison for stealing money that was supposed to be used to pay snitches and stealing property found during drug raids. Former narc Mark Lunsford admitted pocketing $10,000 that he fraudulently claimed had been paid to an informant. He also admitted feeding information about a suspect to that same informant that allowed for a drug raid to take place, then claimed the informant had given him the information and asked for a 20% bonus for the informant, which the two then split. He also admitted to filing false reports and affidavits and stealing several items of expensive jewelry.

In Tulsa, Oklahoma, a Tulsa Police officer who admitted committing crimes was fired August 19 after a Tulsa Police internal investigation revealed he had 'fessed up to the FBI during its investigation of the Tulsa corruption scandal that just keeps on giving. Officer Eric Hill was fired after making admissions during a June 7 interview with the FBI and federal prosecutors. He told the feds he had "replaced" drugs that officers failed to find at drug raids with dope that he or other officers brought to the scene. He also admitted receiving $500 stolen during a drug investigation.

Mexican Army Kills US Citizen on Acapulco-Zihuatenejo Highway

According to Mexican press reports, the Mexican military shot and killed a US citizen on the Acapulco-Zihuatenejo highway Saturday night. The American was identified as Joseph Steven Proctor, either 32 or 35 years old, of Georgia.

The incident took place on kilometer 14 of the coastal highway, near the village of Cerrito de Oro in the municipality of Coyuca de Benitez in the state of Guerrero. For more than 30 years, the Mexican military has conducted patrols and checkpoints on the highway as part of its "permanent campaign against drug trafficking."

According to Lt. Francisco Javier Escamilla of the 68th Infantry Battalion, soldiers in a Hummer driving toward Coyuca encountered a Winstar pick-up truck traveling toward them. The truck opened fire on the soldiers, and when it refused to stop, the soldiers shot back, causing the truck to overturn.

The Mexican army did not initially report the incident, only issuing its statement after police found Proctor's body. Instead, an anonymous call to state police reported the truck and the body around 2:00am Sunday morning. When police arrived, they found Proctor's body in the truck. It had multiple bullet wounds. They also found an AR-15 rifle with a 41-cartridge clip holding only 34 cartridges.

[Editor's Note: Anyone with experience firing a semi-automatic rifle at oncoming military vehicles while driving solo down the highway, please contact us. We want to know just how that is done.]

Proctor's body was taken to Acapulco for forensic examination, then turned over to his wife, Mexican national Liliana Gil Vargas. Gil Vargas told the newspaper Reforma that her husband had left their home in Coyuca de Benitez at about 10:00pm Saturday night to go shopping at a supermarket.

State and municipal police are investigating. The US consulate in Acapulco is asking that the military cooperate in the investigation.

While the Mexican military has long played a limited role in enforcing drug prohibition, President Felipe Calderon unleashed it in December 2006, deploying some 50,000 soldiers and federal police in hot spots across the country. It is widely accused of human rights violations, ranging from rape and robbery to torture, murder, and forced disappearances.

Coyuca de Benitez
Mexico

Cop Cleared in Killing of Unarmed Man in Marijuana Raid

The Las Vegas police officer who shot an unarmed Trevon Cole during a June drug raid over small-time marijuana sales was justified, a coroner's inquest found Saturday night. The ruling came late in the evening after an inquest that was supposed to end Friday dragged through the day and into the night Saturday. (See our recent coverage of the case here and of a looming lawsuit over the killing here.)

Trevon Cole and his fiance Sequoia Pearce, nine
months pregnant at time of shooting
Of about 200 Clark County coroner's inquests in officer-involved killings since 1976, only one has resulted in a finding of criminal negligence. Whether that near-perfect percentage of acquittals results from exceptionally good police work in Las Vegas, or an inadequate process and institution, depends on who one asks.

Cole, 21, and his pregnant fiancé, Sequoia Pearce, were at the apartment they shared when police serving a search warrant burst through their door. Cole was shot in the bathroom by Det. Bryan Yant, who, in testimony Saturday afternoon, said he kicked in the bathroom door and saw Cole squatting by the toilet, apparently flushing marijuana. He said Cole rose to his feet while moving his hands in a shooting motion and that he saw something silvery or metallic in Cole's hand. He then fired once, killing Cole.

"Unfortunately, he made an aggressive act toward me," said Yant under questioning from Assistant District Attorney Chris Owens. "He made me do my job."

Owens questioned Yant sharply at times, suggesting that Yant's weapon had accidentally discharged as he came through the door. Owens cited the position of Cole's body on the floor and the downward trajectory of the bullet as it entered his cheek before lodging in his neck, which suggested that Cole was still kneeling when shot.

No gun or other silvery or metallic objects were found in the bathroom. But clutched in one of Cole's hands was a yellow tube of lip balm.

The inquest also heard testimony about errors in the search warrant application written by Det. Yant, in which he misidentified Cole as another Trevon Cole -- from a different city, with a different date of birth, different middle initial, and a dramatically different physical description. Yant also mischaracterized the other Trevon Cole's police record as including drug trafficking offenses, when all that came up was some possession misdemeanors.

Chief Deputy District Attorney Christopher Laurent asked Sgt. John Harney, who led the team conducting the raid, if he agreed that Yant's work on the affidavit was "sloppy," but Harney said, "No, it was a mistake."

Immediately after the verdict was announced, Clark County Sheriff Douglas Gillespie issued a statement saying that the Las Vegas Metropolitan Police Department's internal investigation continues and that until it is completed, the department's SWAT team, "which trains regularly and is well-suited for high-risk operations," will be handling all forced entry search warrants.

"The Department will examine the narcotics investigation; supervision that led to the identification of Mr. Cole as a suspected narcotics dealer; all related policies and procedures pertaining to the writing and serving of the search warrant; and the decisions made by officers assigned to this incident," the statement said. "The results of Metro’s internal investigation, and any recommended policy changes, will be made public."

In the meantime, the family of Trevon Cole is preparing a lawsuit alleging wrongful death, civil rights violations, and possibly a RICO claim. Talk is cheap; paying for questionable police killings is not.

Las Vegas, NV
United States

Labor, Black Police Groups Endorse Prop 19, Prison Guards Stay Neutral

Proposition 19, the California marijuana legalization initiative, picked up endorsements from organized labor and a national group representing black police officers last week, while the deep-pocketed California prison guards' union has indicated it may sit out this campaign.

On Wednesday, the International Longshore and Warehouse Union (ILWU 00 the Longshoremen) 25,000-member Northern California District Council (NCDC) jumped on the legalization bandwagon, joining the Western States Council of the Commercial Food Workers Union (CFWU) in giving labor support to the initiative.

"The ILWU NCDC supports Prop 19 for good reason," said the union's statement. "The continued prohibition of marijuana costs society too much. Billions of our tax dollars are wasted annually on the prosecution and incarceration of many, whose only crime is using, growing and selling marijuana," the stevedores said.

"Peoples' lives are ruined for a lifetime because of criminal records incurred from using a drug that is used recreationally by people from all walks of life. Those criminal records fall disproportionately on the backs of workers, poor people, and people of color," said the ILWU NCDC.

On Thursday, the 15,000-member National Black Police Association (NBPA) climbed on board. While most law enforcement interest groups not unsurprisingly oppose Prop 19, the NCBA is by no means alone. Law Enforcement Against Prohibition (LEAP) and its 30,000 members also support it.

"When I was a cop in Baltimore, and even before that when I was growing up there, I saw with my own eyes the devastating impact these misguided marijuana laws have on our communities and neighborhoods. But it's not just in Baltimore, or in Los Angeles; prohibition takes a toll on people of color across the country," said Neill Franklin, a black 33-year veteran police officer who is LEAP's executive director. "This November, with the National Black Police Association's help, Californians finally have an opportunity to do something about it by approving the initiative to control and tax marijuana."

Meanwhile, in what could be a very large piece of good news for the Prop 19 campaign, Rolling Stone reported this week that the wealthy and powerful California Correctional Peace Officers Association is so far staying neutral on Prop 19. Two years ago, the prison guards' union helped kill a well-funded sentencing reform initiative when it ponied up $1 million for an ad campaign featuring Sen. Diane Feinstein (D) calling the measure a "drug dealer's bill of rights."

Legalizing pot would not have as much of an impact on prison guard jobs as the 2010 sentencing reform would have had, at least in the short term given federal prohibition, and the prison guards are staying quiet. "At this time, we haven't taken a position on Proposition 19, and it's not certain we will," union spokesman JeVaughn Baker said.

CA
United States

Drug Offenses 1/3 of US Criminal Deportations, DHS Says

Update: When published, this article incorrectly reported that aliens in the US face deportation for even a single marijuana possession misdemeanor. No, it takes two misdemeanor marijuana possession offenses to do that. We have modified the article accordingly. 

The United States last year deported more than 128,000 foreigners for committing crimes in the US, with people convicted of drug offenses making up nearly one-third of the total, according to a Department of Homeland Security report released last week. Some 37,000 foreign nationals were deported for drug offenses in fiscal year 2009, the report found, or 29.6% of all those deported under the criminal alien removal program.

Immigration and Custom Enforcement (ICE) photo
Under US immigration laws non-citizens can be deported for any drug offense, except the simple possession of marijuana--although a second pot possession offense qualifies as deportable. The report supplies no breakdown of how many people were deported for which drug offenses.

The number of people deported for drug offenses was nearly double the second and third place offense categories. More than 20,000 people were deported for traffic violations and more than 19,000 were deported for immigration offenses.

Persons convicted of what are commonly considered serious crimes (assault, larceny, burglary, robbery, fraud, sexual assault) made up only 20.7% of those deported. "Family offenses" accounted for another 2%, while the category "other" included 16.5%.

Overall deportations are down from last year, with 290,000 people being removed by July 22, the agency reported. At the same time last year, 322,000 had been deported. But the percentage of people deported for committing crimes is up to nearly 50% this year, compared to 30% for the same period last year.

The Obama administration's push against criminal immigrants has been criticized both by advocates of tougher immigration policies, who applaud the crackdown on criminals but want to see it extended to non-criminal aliens, and by immigration rights activists for deporting more people than the Bush administration and deporting people, including some who have spent their entire lives here, for minor criminal offenses.

Washington, DC
United States

Raid Victim Family May Hit Vegas Police with RICO Suit

(This article includes minor updates from the original version published 8/19/10.)

Andre Lagomarsino, the attorney representing the estate of Trevon Cole and his fiancé, Sequoia Pearce, said last Thursday he is considering a RICO (Racketeer Influenced and Corrupt Organizations Act) lawsuit against the Las Vegas Police Metropolitan Department in the shooting death of Cole in a June drug raid at the apartment shared by Cole and Pearce. In addition to a possible RICO claim, the lawsuit would assert wrongful death, assault and battery, and intentional infliction of emotional distress. It would also assert civil rights violations.

Trevon Cole
"We are considering a RICO claim," Lagomarsino told the Chronicle. "The claim would say there is a pattern of criminal conduct by this organization. A similar claim was brought against the LAPD. It only takes two events to constitute a pattern under RICO," he said.

There is already one other questionable police shooting that could be the second event. Last month, Las Vegas police shot and killed Erik Scott, 39, outside a Costco store in Summerlin. There have been five officer-involved shootings in the city so far this summer and 17 this year, though Cole and Scott were the only fatalities among them.

Though best known for its criminal provisions targeting certain criminal enterprises with asset forfeiture and up to 20-year sentences per racketeering count, the RICO statute also has a provision allowing for civil lawsuits by plaintiffs claiming to have been harmed by those enterprises. Successful plaintiffs can collect treble damages.

Cole was fatally wounded by Detective Brian Yant as he and other officers executed a search warrant alleging that Cole had sold 1.8 ounces of marijuana to undercover officers in three buys over a series of week. Cole was unarmed. Yant said he shot after Cole made "a furtive movement," but Pearce, who was present during the raid, said Cole was on his knees with his hands raised and complying with commands when he was shot.

Yant has been involved in two other questionable shootings, one of them fatal. In that incident, Yant said the victim was threatening him with a gun, but the gun was found 35 feet away from the victim's body.

Yant also misidentified Cole as another Trevon Cole from Houston, Texas, despite the two men having different dates of birth, middle initials, ages, and appearances. He also mischaracterized the record of the Houston Trevon Cole, portraying him in the search warrant affidavit as a major drug dealer when his only arrests were marijuana possession misdemeanors. (See more detailed coverage of the raid and its aftermath here.)

When there is a police-involved fatal shooting in Las Vegas, it goes before a coroner's inquest to determine whether the officer involved was criminally negligent. That happened on Friday and Saturday, with the coroner's jury coming back with a verdict of "justifiable" on the shooting. The finding was not unanticipated, especially given the history of coroner's inquests there (only one police officer has been found criminally negligent in about 200 inquests since 1976, and that verdict was later overturned) and the one-sided nature of the inquest process (only the district attorney can present evidence and ask questions), it is considered unlikely that Yant will be found criminally negligent.

"I would guess they will find it justified, but I'm hopeful they will look at the fact that [Cole] had nothing in his hands," Lagomarsino said the day before the inquest began.

While Lagomarsino also cited Yant's history of shootings "under suspicious circumstances," he pointed a finger at the police department too. "This is cleared at higher levels," he said. "It is the policy and procedure of the Metro police to conduct these raids the way they do."

The Las Vegas attorney told the Chronicle last week that once the inquest was over he would file a lawsuit "within two or three weeks." He told local media Monday the lawsuit will now move forward, although he did not outline its precise shape.

Las Vegas, NV
United States

California Appeals Court in Split Decision on Medical Marijuana Dispensaries

In a long-anticipated but now somewhat anticlimactic ruling, the California Fourth District Court of Appeal in Santa Ana on Wednesday decided not to decide whether localities can ban medical marijuana dispensaries, sending the case back to Orange County Superior Court for further hearings. The court did, however, reverse a lower court's ruling that federal law preempts state law.

The case, Qualified Patients Association (QPA) v. City of Anaheim, deals with an Anaheim ordinance that makes operating or working at a dispensary a misdemeanor criminal offense, but could also affect numerous other localities that have banned dispensaries. The medical marijuana advocacy group Americans for Safe Access (ASA), which filed an amicus brief in the case, has identified 133 California localities with bans in place.

QPA had opened five months before Anaheim enacted its ban and sued shortly thereafter, arguing that the state's Compassionate Use Act (CUA) and Medical Marijuana Program Act (MMPA) blocked localities from banning dispensaries. They lost in Orange County Superior Court in 2008, with the judge holding that federal drug law preempted the state's medical marijuana laws.

No, it doesn't, the appeals court held in a unanimous decision. "We agree with plaintiffs the trial court erred as a matter of law in concluding federal regulation of marijuana in the Controlled Substances Act preempted California's decision in the CUA and the MMPA to decriminalize specific medical marijuana activities under state law. We therefore reverse the judgment of dismissal and remand the matter to allow plaintiffs to pursue their declaratory judgment cause of action," said the opinion authored by Judge Richard Aronson. The court also wondered how "a city may criminalize as a misdemeanor a particular use of property the state expressly has exempted from 'criminal liability,'" as it does in the MMPA.

Still, ASA chief counsel Joe Elford, author of the brief mentioned above and who argued the case before the appeals court last September, wasn't exactly jumping for joy. He wanted the issue settled once and for all.

"While we understand the difficult nature of deciding this issue, the court's ruling delays a decision that will affect thousands of patients who remain without access to their medication because of hostile jurisdictions," he said. "The silver lining to this decision is that the court has reinstated the lawsuit and is providing the plaintiffs the opportunity to prove that dispensary bans are illegal under state law."

In addition to the plaintiffs and defendants, the case pitted medical marijuana advocates against law enforcement associations and the governments of 33 cities. Those associations and city governments all filed briefs opposing the appeal.

"We will continue to fight for the right of patients to access medical marijuana through medical marijuana dispensaries, which is provided for by the Medical Marijuana Program Act, previous case law and guidelines issued by the California Attorney General," continued Elford. "Whether or not the Anaheim case is brought before this court again, this issue will eventually be reheard and we are confident of the eventual outcome."

Santa Ana, CA
United States

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, TelevisionDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Environment, Families, Free Speech, Human Rights, Immigration, Militarization, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Sports, Women's IssuesMarijuana PolicyHemp, Marijuana -- Personal Use, Medical MarijuanaMedicineMedical Marijuana, Under-treatment of PainPublic HealthAddiction, Addiction Treatment, Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Fentanyl, Heroin, Ibogaine, ketamine, Khat, Marijuana (Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, Nicotine, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum), Synthetic cannabinoidsYouthGrade School, Post-Secondary School, Raves, Secondary School