The Speakeasy Blog

In Reversal, Denver Council Rejects Front-Porch Pot Ban

Good, and, frankly, somewhat surprising news for Denver tokers. The city council last night reversed itself and undid the ban on marijuana smoking in public view even if on one's own property. There will be one more vote on the ordinance next week.

According to KUSA TV, Councilwoman Susan Shepherd offered up an amendment to undo the ban, which had passed last week on a 7-5 vote. The vote last night to reverse was 7-6.

Shepherd suggested that rather than calling the police, neighbors try being neighborly. That would mean talking to your neighbor if his marijuana smoke bothers you, and dealing with your neighbor's concerns if your marijuana smoke bothers him.

Sounds reasonable.

Location: 
Denver, CO
United States

Final Uruguay Marijuana Legalization Vote Set for Next Week

It looks like the fat lady is about to sing. According to the Drug Policy Alliance, which has an operative in Montevideo, the Uruguayan Senate will vote next week, most likely next Tuesday, on the pending bill to legalize marijuana commerce. That's the final vote.

The bill is sponsored by the government and has already passed the House on a 50-46 vote in July. Once approved in the Senate, the government will have 120 to write regulations before the law goes into effect.

Once the law goes into effect, Uruguay will have become the first country on the planet to break the global prohibitionist consensus embodied in the 1961 UN Single Convention on Narcotic Drugs and subsequent treaties when it comes to marijuana legalization.

The Dutch have long allowed limited retail sales, but they remain formally illegal, and the supply remains criminalized, and other countries have decriminalized possession, but not taken the next step. Two US states have taken the next step, but marijuana commerce remains illegal under federal law.

If things go as planned, December 10, 2013, could be a day for the history books.

Location: 
Montevideo
Uruguay

Denver City Council Set to Deliver Symbolic Slap in the Face to Marijuana-Friendly Voters

The Denver city council is poised to give final approval today to an ordinance that would prevent people from smoking pot on their own property if they are visible to the public. The police chief says it would be a low priority, and even the Denver Post thinks it's stupid, but it looks like that won't stop the council.

The ordinance passed a first vote on a margin of 7-5 last week, and the council votes typically don't change.

Here is the Denver Post's latest story on the vote.

And here is the Denver Post's Monday editorial, which slams the council for pursuing the idea. "The proposal is unenforceable, will provoke fruitless disputes and, if it were followed, would restrict many pot users almost exclusively to the indoors," the Post noted.

Location: 
Denver, CO
United States

United Nations Drug Policy Divisions Aired

British publications have gotten their hands on a leaked UN document that reveals fundamental splits among nations as the international organization prepares for the UN General Assembly Special Session on drugs in 2016. Much, but not all, criticism of the status quo is coming from Latin America.

Read the Guardian's article here: Leaked Paper Reveals UN Split Over War on Drugs

Among the countries seeking specific reformist changes in the UN's drug stance:

Ecuador wants language recognizing that the world needs to look beyond prohibition.

Venezuela wants language addressing the economic implications of drug prohibition.

Norway wants language that includes a critical assessment of the "so-called war on drugs."

Switzerland wants language that recognizes the public health consequences of current policies.

The European Union wants language emphasizing drug treatment and care over incarceration.

It's been little over a half-century since the 1961 Single Convention on Narcotic Drugs codified the global drug prohibition system. The consensus represented by the 1961 treaty is now, at long last, crumbling.

Update: Bill Clinton supports countries being able to make their own decisions about prohibition.

New Drugs: Europe is Discussing

EESC hearing on EC new drugs proposal,11/27/13 (drogriporter.hu)
The European Commission has proposed new procedures that would fast-track its ability to criminalize or otherwise regulate new drugs, according to a report by the Hungarian Civil Liberties Union's Peter Sarosi, who attended a public hearing by the European Economic and Social Council (EESC) in Brussels last Wednesday.

Peter spoke at the hearing and recommended the EC refocus its attention from law enforcement to public health, and instead of adopting the EC proposal to follow the example of New Zealand by regulating rather than prohibiting the drugs.

More on this soon.

Location: 
Brussels
Belgium

Uruguay Marijuana Legalization Bill Passes Senate Committee

A bill that would make Uruguay the first country to create a legal marijuana commerce passed the Senate Health Commission Thursday. The government-supported bill has already passed the lower house; a final Senate vote is expected next month.

Read more here:

"Uruguay Moves Closer to Legalising Marijuana"

Location: 
Montevideo
Uruguay

Cannabis Cafes Coming to Berlin?

The Green Party mayor of Berlin's hip Friedrichshain-Kreuzberg district has won the support of the district council for her plan to make the area a zone of cannabis tolerance. Now, they have to get the federal government to buy in.

Read more about it here:

"Berlin borough pushing for Germany's first cannabis coffee shop"

http://rt.com/news/marijuana-berlin-shop-opens-462

Location: 
Berlin
Germany

Radel Hypocrisy Charge Doesn't Withstand Scrutiny

[Update: I've posted an improved version of this editorial in the Chronicle. Request links and likes there instead. - DB]

One of the top political stories this week is the recent bust for cocaine possession of Rep. Trey Radel, a Republican freshman congressman from Florida. Radel pleaded guilty today, and was sentenced to a year of supervised probation. As I write this piece, he is giving a press conference to apologize to the country and his family.

http://stopthedrugwar.org/files/trey-radel-200px.jpg
Trey Radel
Since the bust came to light, headlines have been circulating to the effect of Radel having voted for legislation to drug test food stamp recipients. I believe this is off base, because it is true only in a technical sense. As the body of the articles explain, what Radel voted for was an ultimately failed version of the Farm Bill, one of the major, recurring federal budget bills that get authorized every five years. It includes things like agricultural subsidies, funding for the food stamps program as a whole (now known as SNAP, Supplemental Nutritional Assistance Program, rather than "food stamps"), many other items. Drug testing of food stamp recipients was just one provision out of many in the bill, and a look at the bill's roll call shows that while it was mostly Republicans who voted for it, there were also some Democrats, including some liberals who almost certainly opposed the drug testing provision. Politicians frequently have to vote for bills that include provisions they don't like, because they want to larger package to pass.

The drug testing language was actually added to the bill through an amendment sponsored by Rep. Richard Hudson (R-NC), which was passed on a voice vote, no roll call. That means there is no way to know, at least from the official legislative record, what Radel's position on the amendment was. His vote for the Farm Bill is consistent with supporting the amendment, with opposing the amendment, or with having no position on it. It's legitimate to point out, as a Politico article did, that Radel's arrest "brings up drug testing for food stamps." I hope it does, but that's a different point.

A ThinkProgress article noted that Radel has made comments suggesting "nuance" in his views on drug policy, pointing out he cosponsored a bill to reduce the use of mandatory minimum sentencing for low-level drug offenses. Perhaps in a nod to the "drug testing vote" headlines, the article has an update at the bottom mentioning the vote. I believe the original thrust of the article was on target, and I don't see the hypocrisy angle holding up in this case, at least from as much as we know right now.

Hemp Industries Association Conference Coming to DC Next Week!

Posted in:

The 20th Annual Hemp Industries Association Conference will convene in Washington, DC this Sunday and Monday, Sunday and Monday, November 17-18, 2013, featuring expert speakers, a luncheon, hemp exhibits & sales, a silent auction, and an organized lobby day.

Visit http://thehia.org/2013conference.html for information or to register.

Video: How to Prevent Prescription Drug Overdoses

The next video from the International Drug Policy Reform Conference, by our friends from the Hungarian Civil Liberties Union (who were also the conference's official videographers). The video highlights interviews with US-based harm reduction experts on ways to prevent prescription drug overdoses.

Uruguay May Legalize Marijuana Any Week Now (was Day Now)

pamphlet distributed by NGO coalition that advocated for the Uruguay law
Update: We've heard that end of the month is more likely now.

Uruguay's House of Representatives passed a marijuana legalization bill, we reported last summer, with the Senate vote expected to be easier due to the wider majority held there by President Mujica's governing party. The Senate vote has been predicted to be around the middle of November, which means it could happen any day now. Stay tuned.

An article about it on infobae (in Spanish), the most recent news article I've seen about the imminent vote, has some disappointing quotes from Mexican and Brazilian officials about it. But perhaps these governments are just covering their backs in the diplomatic fray. Brazil's former president, Fernando Enrique Cardoso, is an outspoken advocate on this issue, and recently joined the International Conference on Drug Policy Reform via Skype as part of acceptance remarks for an award given on the last night of the event to the Global Commission on Drug Policy.

The Uruguay legislation, assuming it goes the right way as expected, will directly challenge the international drug treaties -- more so even than Washington and Colorado, because we still have federal law in force in those states, despite the changes to the state laws. It opens up the possibility for interesting new dynamics as the 2016 UN General Assembly Special Session on Drugs approaches, and the 2014 preparatory drug session.

Missouri Cannabis Conference This Weekend!

http://stopthedrugwar.org/files/ShowMe-Cannabis.png
ShowMe-Cannabis logo (show-mecannabis.com)
Show-Me Cannabis and Missouri NORML are hosting their fall 2013 statewide Cannabis Policy Conference for the Show-Me state, this Saturday in Kansas City. There are other events too, one of them a happy hour fundraiser TONIGHT with LEAP's Neill Franklin. Visit http://show-mecannabis.com/events for more info.

Also click here for one of the (many) reasons this is important.

Location: 
208 W. 19th St.
Kansas City, MO 64108
United States

Only Two More Days to Weigh in on Washington State Medical Marijuana

The Washington state Liquor Control Board announced last week that it was extending the deadline for public comment on proposed changes to the state's existing medical marijuana program until this Wednesday, November 13. The proposed rules would remove patients' ability to grow their own, reduce the amount of medicine they could have on hand, and most likely result in the forced closing of numerous existing dispensaries.

"We have extended the deadline to submit public comment for the draft recommendations regarding medical marijuana," the board announced. "The new deadline for public comment is November 13, 2013, which coincides with the public hearing/special meeting on the subject." Submit public comment by email at medicalmarijuana@liq.wa.gov, by fax at 360-664-9689 or by mailing them directly to:

Medical Marijuana
Liquor Control Board
P.O. Box 43080
Olympia, WA 98504-3080

It's probably too late to mail or Fedex a comment unless you overnight it, but the email and phone are still available.

Now is the time to speak up.

Location: 
Olympia, WA
United States

Don't Miss Mexican Human Rights/Drug War Activist Javier Sicilia in DC This Week

Mexico poet and human rights activist Javier Sicilia and the Caravan for Peace (Movement for Peace and Justice with Dignity) will be in the nation's capital Tuesday and Wednesday. Sicilia will address both Congress and the Organization of American States. The events are open to the public. This press release has more details.

Location: 
Washington, DC
United States

Conference Tour of Colorado Medical Marijuana Industry

Some attendees at last week's conference signed up for a tour looking inside Colorado's legal cannabis industry, led by River Rock Wellness general counsel Norton Arbelaez. Video by Drug Truth Network's Dean Becker:

Location: 
Denver, CO
United States

California Study Suggests Marijuana a Substitute for Alcohol

A New York Times article this week, Few Problems With Cannabis for California, reports that a pending study in the Journal of Policy Analysis and Management by Mark Anderson and Daniel Reese has found increased marijuana use to be a substitute for alcohol use in California:

Based on existing empirical evidence, we expect that the legalization of recreational marijuana in Colorado and Washington will lead to increased marijuana consumption coupled with decreased alcohol consumption. As a consequence, these states will experience a reduction in the social harms resulting from alcohol use.
 

The article discusses alcohol's relationship to traffic fatalities and violent crime, including domestic abuse, predicting that marijuana legalization will reduce those problems, with youth use of marijuana remaining stable.

The substitution question has been raised repeatedly at academic fora on marijuana legalization since the Colorado and Washington initiatives passed last year. In our movement we have tended to assume that they are substitutes, but not all academics are sure. At a one-day conference held by the RAND Drug Policy Research Center, at their Washington office, one of the guest presenters said the evidence they've seen "clearly" indicates that marijuana is a complement for alcohol use, e.g. increased availability of marijuana could have the effect of increasing alcohol use and is at least correlated with it. Another one of the guest presenters immediate chimed in to say that the evidence his team has seen "clearly" indicates that marijuana and alcohol are substitutes.

DPRC co-director Beau Kilmer often notes that a change in the amount of alcohol use, up or down, could dwarf any increase in marijuana use in terms of its public health ramifications, because alcohol is more harmful than marijuana. But he's cited evidence pointing in both directions, sometimes in different directions for different groups of people. Hopefully the JPAM study's findings will be born out by further research.

Another Senate Judiciary Committee Hearing...

US Capitol, Senate side
From http://www.judiciary.senate.gov/hearings/hearing.cfm?id=d3ddc8eaa9b9f780d5af0a554e5fcf98:

September 11, 2013

NOTICE OF COMMITTEE HEARING

The Senate Committee on the Judiciary has scheduled a hearing entitled "Reevaluating the Effectiveness of Federal Mandatory Minimum Sentences" for Wednesday, September 18, 2013 at 10:00 a.m. in Room 226 of the Dirksen Senate Office Building.

By order of the Chairman.

Witness List

Hearing before the Senate Committee on the Judiciary

On

"Reevaluating the Effectiveness of Federal Mandatory Minimum Sentences"

Wednesday, September 18, 2013
Dirksen Senate Office Building, Room 226
10:00 a.m.

Panel I

The Honorable Rand Paul
United States Senator
State of Kentucky

Panel II

The Honorable Brett Tolman
Shareholder
Ray Quinney & Nebeker
Salt Lake City, UT

Marc Levin
Policy Director
Right on Crime Initiative at the Texas Public Policy Foundation
Austin, TX

Senate Judiciary Committee Hearing on Marijuana Policy Going on Now

An interesting hearing on federal marijuana policy in the face of medical marijuana in 20 states and legal marijuana in two states was supposed to start a few minutes ago.

It hasn't yet, though.

You can watch the hearings in real time here.

I'll be popping back in periodically to update this blog post as warranted, and will be writing a feature article on it for later today.

Update: 2:50 PM EST the hearing has started. Leahy is speaking.

Update: Leahy: "I don’t think federal prosecutors should be pursuing low level users of marijuana complying with the laws of their states."

Update: 3:00 PM EST Grassley: "Marijuana is a dangerous and addictive drug....we could see a Starbucks of marijuana..."

Update: 3:20 PM EST In response to a question from Leahy, Deputy AG Cole said that a preemption lawsuit wasn't a good choice because if the federal government prevailed, marijuana would still be legal in Colorado and Washington, but there wouldn't be any regulation.

Update: 3:35 PM EST Sen. Whitehouse asks for clarity regarding not prosecuting financial institutions and others receiving funds. Cole says only if the eight federal enforcement priorities are implicated. Earlier, he suggested that the DEA wasn't going to be pressuring armored car companies to not work with dispensaries.

Update: 3:45 PM EST Cole is done. Now up are the King County, WA, sheriff, a rep of Colorado Gov. Hickenlooper, and neo-prohibitionist Kevin Sabet.

Update: 3:50 PM EST King County Sheriff Urquhart: "My experience shows me the drug war has been a failure. We've incarcerated a generation of citizens, but not stopped demand. We in the government have failed the people, and the people decided to try something else. I support I-502."

Update: 4:00 PM EST Kevin Sabet finds Deputy AG Cole's recent guidance "disturbing" and argues that the administration can take steps now to destroy the looming creation of Big Marijuana. Why open the floodgates and hope for the best?

Update: 4:15 PM EST The issue of access to banking services has been raised throughout the hearing, both by senators and by witnesses. I was a bit surprised, but I guess business is business.

I'm signing off on this post now unless someone says something really surprising in the remaining minutes. Look for our feature article on the hearing later today.

Location: 
Washington, DC
United States

Youth Drug Use on Decline, Most Media Fail to Notice

Posted in:

One of the two annual major drug use surveys in the US released its results this week, coinciding with National Recovery Month, according to the news release from the Substance Abuse and Mental Health Services Administration. The National Survey on Drug Use and Health contains a wealth of information and is hard to boil down, but there are some number that seem salient.

One of them is that current marijuana use by adults (past 30 days) has increased from 5.8% of the population in 2007 to 7.3% in 2012, or 18.9 million current users. However, current marijuana use among youths aged 12 to 17 decreased slightly from 2011 to 2012, 7.9% down to 7.2%, although it's up slightly from 2006 and 2007 (6.7% in both years), but in turn down from 2002 (8.2%). It doesn't look like teen marijuana use is going up generally, and it may be going down, but data like this is usually complicated.

Another is that heroin use has been going up, 373,000 past-year users in 2007 vs. 669,000 in 2012. But cocaine and methamphetamine use have dropped significantly during the same timeframe, while nonmedical use of prescription drugs has stayed about constant.

The other major annual drug use survey, Monitoring the Future, has a category that I believe is useful, "Illicit Drugs Other Than Marijuana." NSDUH doesn't seem to provide a breakdown on that. MTF has found that while use of any given illicit drug besides marijuana varies, the percentage using some illicit drug besides marijuana is roughly constant over time.

Also, drug use by older people (the "baby boomers") is way up relative to a decade ago, though still only about 7%.

How did the mainstream media do? Mixed. A number of outlets highlighted the increase in drug use by older persons, and I certainly agree that's a key finding. But most major outlets focused on the increase in marijuana use overall, while failing to note the decrease in teen marijuana use, including TimeCNN, US News and World Report, USA Today and Fox News. In the (quick and incomplete) look at Google News links that I took, only ABC noted that youth illicit drug use had dropped even as overall illicit use had increased.

I think it's a significant "fail" that most major media did not note that, given the importance place that youth drug use naturally holds in these concerns. Overall, though, the media did not "freak out" over the drug use stats, and that's a good thing.

I've only taken a fairly quick look at the new numbers. We'd welcome any insights readers have on this topic -- even if you think I'm wrong -- post to the comments below, or email us your thoughts or links to your own analyses.

HUGE: Administration to Allow State Marijuana Legalization to Proceed

Dept. of Justice building, Washington, DC (gsa.gov)
Deputy Attorney General James Cole has issued "guidance" to federal prosecutors with respect to the state marijuana laws. The memo is online here. The press release is here.

Though it refers to regulatory legalization, as is happening in Colorado and Washington, the memo indicates that the guidance is for "all states." It additionally includes "civil enforcement," which would seem to go beyond criminal prosecutions and investigations to include problems like forfeiture threats directed at landlords and so forth. As a DOJ memo it would not constrain IRS audits of dispensaries.

There is plenty of wriggle room for prosecutors to target people, if that's what Cole and Holder and Obama intend. But at a first glance at least, it looks to me like the memo is seeking to allow Colorado and Washington to proceed with marijuana legalization, and that it may help ease things up in the medical marijuana states as well.

Phil will be posting a Chronicle story momentarily.

Senate Judiciary Holding Marijuana Hearing Next Month

Dept. of Justice building, Washington, DC (gsa.gov)
As promised, Judiciary Committee chairman Sen. Patrick Leahy (D-VT) has scheduled hearings on marijuana policy. "Conflicts between State and Federal Marijuana Laws" will take place September 10 at 10:00am EST in Hart 216. The page has a webcast button. No witness names have been posted yet.

One option that may get discussed is the idea for the federal government to sign contracts with states agreeing to permit their legal systems to move forward if the states commit to moving against illegal growers who are exporting outside their states. Mark Kleiman, who is consulting on I-502's implementation for Washington State, suggested it in an article published last wee in the Journal of Drug Policy Analysis, according to The Seattle Times (hat tip Center for Legal Cannabis). The idea was floated by Stuart Taylor at a forum I attended at the Brookings Institution last April, "Marijuana Legalization: Are There Alternatives to State-Federal Conflict?" Taylor published a paper on it for Brookings last spring, who points to a provision of the Controlled Substances Act that makes it possible for the government to do without congressional action.

Also of relevance: state officials in Washington and Colorado believe the Dept. of Justice has given "tacit approval" for their legalization systems moving forward, according to a report by Talking Points Memo.

The Other Reason Bloomberg's Wrong About Stop and Frisk

The other piece of big news today was a federal judge finding New York Police Department's "stop and frisk" program unconstitutional. Judge Scheindlin used some pretty scathing language in her nearly-200 page opinion. Phil's article is here.

Mayor Bloomberg has vowed to appeal the ruling, claiming that the stop and frisk practice works and makes the city safer. But as I pointed out in a recent post, while there is research suggesting NYC police have done a lot of good innovating, so far at least the research has not borne out stop and frisk as being one of them.

That is to say, there are other things police do in New York, besides stop and frisk, that have produced a larger than average crime drop than other cities. And they also do stop and frisk, which research hasn't found to help with that.

One more note for now is that we have also written, and more extensively, about NYC as the world's marijuana arrest capital. This is different from the stop and frisk practice, but stop and frisk undoubtedly fuels it.

A Sentencing Reform Turning Point?

For months now there have been signs that political will may be building for a change in direction in sentencing and prison policy. In one of the top news stories the past 24 hours (NYT and WaPo, among others), it's been reported that US Attorney General Eric Holder will issue a revised policy on when federal prosecutors will seek mandatory minimum sentences, seeking to spare low-level drug offenders from such heavy punishments. Holder will address the American Bar Association at their annual conference in San Francisco (10:00am TODAY, Pacific Time, e.g. any minute), and is expected to highlight the reforms. (The ABA has someone live-tweeting, and it's scheduled to run on C-Span.)

The move should bolster momentum for the Justice Safety Valve Act, sponsored by Sens. Leahy (D-VT) and Paul (R-KY), as well as the Durbin-Lee Smarter Sentencing Act, the Charles Colson Task Force on Federal Corrections and other efforts. In a sign of changing times, the conservative ALEC legislators and business leaders network has called for passage of the Leahy-Paul bill.

Phil will be posting a feature report in the Chronicle after the speech is done.

Location: 
San Francisco, CA
United States

HUGE: Sanjay Gupta Apologizes for Anti-Marijuana Stance, Slams DEA

In a commentary on cnn.com this morning, CNN Chief Medical Correspondent Dr. Sanjay Gupta endorsed medical marijuana -- and apologized for not doing so sooner:

Reading... papers [about medical marijuana] five years ago, it was hard to make a case for [it]... I... wrote about this in a TIME magazine article, back in 2009, titled "Why I would Vote No on Pot."
 
... I didn't look hard enough.. I didn't look far enough. I didn't review papers from smaller labs in other countries doing some remarkable research, and I was too dismissive of the loud chorus of legitimate patients whose symptoms improved on cannabis...

I mistakenly believed the Drug Enforcement Agency listed marijuana as a schedule 1 substance because of sound scientific proof... Surely, they must have quality reasoning as to why marijuana is in the category of the most dangerous drugs that have "no accepted medicinal use and a high potential for abuse."

They didn't have the science to support that claim, and I now know that when it comes to marijuana neither of those things are true. It doesn't have a high potential for abuse, and there are very legitimate medical applications. In fact, sometimes marijuana is the only thing that works...

We have been terribly and systematically misled [about marijuana] for nearly 70 years in the United States, and I apologize for my own role in that.
 

Gupta's documentary "WEED" will run on CNN this Sunday at 8:00pm EST.

 

 

For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

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