DrDrug War Chronicle, Issue #605 -(urls + editorial)- 10/23/09

Drug War Chronicle, Issue #605 -- 10/23/09
Phillip S. Smith, Editor, psmith@drcnet.org
http://stopthedrugwar.org/chronicle/605

A Publication of Stop the Drug War (DRCNet)
David Borden, Executive Director, borden@drcnet.org
"Raising Awareness of the Consequences of Drug Prohibition"

ALERT: Help StoptheDrugWar.org (DRCNet) Win $50,000 in
America's Giving Challenge:
http://stopthedrugwar.org/chronicle/605/stopthedrugwar_in_americas_giving_challenge

Table of Contents:

1. FEATURE: JUSTICE DEPARTMENT ISSUES MEDICAL MARIJUANA POLICY
MEMO -- NO PROSECUTIONS IF COMPLYING WITH STATE LAW
The Justice Department this week formalized earlier statements
from Attorney General Eric Holder that the federal government
would not go after medical marijuana patients and providers in
compliance with state laws. But in places where state law is
contested terrain -- California, in particular -- plenty of
confusion remains.
http://stopthedrugwar.org/chronicle/605/justice_department_issues_medical_marijuana_policy
_memo

2. FEATURE: BUSTED FOR HANDING OUT CLEAN NEEDLES -- THE MONO
PARK 2 FIGHT BACK IN CALIFORNIA'S CENTRAL VALLEY
Modesto, California, is a sleepy, dusty, economically struggling
small city in California's Central Valley. With high levels of
methamphetamine and other injection drug use, it is a locale
crying out for needle exchange programs. But local officials
disagree, and when activists did it anyway, they got busted.
Now, they're fighting back.
http://stopthedrugwar.org/chronicle/605/mono_park_2_modesto_needle_exchange_arrest

3. ALERT: HELP STOPTHEDRUGWAR.ORG (DRCNET) WIN $50,000 IN
AMERICA'S GIVING CHALLENGE
"America's Giving Challenge" is offering prizes ranging from
$500 to $50,000 to nonprofits who get the largest number of
gifts from supporters between now and November 7. Any gift of
$10 or higher -- made through the "Causes" program, which is
linked in to Facebook -- counts equally toward the prize, and
gifts can be made up to once a day. StoptheDrugWar.org is a
contestant, and we're asking for your help by participating and
by spreading the word.
http://stopthedrugwar.org/chronicle/605/stopthedrugwar_in_americas_giving_challenge

4. LATIN AMERICA: MEXICO DRUG WAR UPDATE
For Mexico, drug prohibition is the deadly gift that keeps on
giving. A thousand people have been killed in the past 40 days,
and this year's death toll has now passed 6,000. And it seems to
be accelerating.
http://stopthedrugwar.org/chronicle/605/mexico_drug_war_update

5. FEEDBACK: DO YOU READ DRUG WAR CHRONICLE?
Do you read Drug War Chronicle? If so, we need your feedback to
evaluate our work and make the case for Drug War Chronicle to
funders. We need donations too.
http://stopthedrugwar.org/chronicle/605/do_you_read_drug_war_chronicle

6. LATIN AMERICA: MEXICO EX-PRESIDENT FOX LASHES OUT AT
PRESIDENT CALDERON OVER DRUG WAR
Vicente Fox sicced the army on the so-called drug cartels when
he was president of Mexico, but now he says his predecessor,
Felipe Calderon, has gone too far down that path. It's time for
the troops to return to the barracks, he said over the weekend.
http://stopthedrugwar.org/chronicle/605/fox_calderon_mexico_drug_war_failing

7. PUBLIC OPINION: IN GALLUP POLL, SUPPORT FOR LEGALIZING
MARIJUANA REACHES ALL-TIME HIGH, MAJORITY IN WEST
The world as we know it may indeed end in 2012, if the trend
line in recent Gallup polls on marijuana legalization is any
indication. More than half the people in the West now want to
free the weed, and the figure is up to 45% nationwide.
http://stopthedrugwar.org/chronicle/605/gallup_poll_marijuana_legalization_all_time_high

8. MEDICAL MARIJUANA: CALIFORNIA JUDGE ISSUES INJUNCTION
BLOCKING LA DISPENSARY MORATORIUM
A California Superior Court judge is blocking the city of Los
Angeles from enforcing its moratorium on medical marijuana
dispensaries. This as local prosecutors declare that all
dispensaries are illegal, and as their numbers continue to grow.
http://stopthedrugwar.org/chronicle/605/california_judge_blocks_los_angeles_LA_medical_mar
ijuana_dispensary_moratorium

9. SOUTHWEST ASIA: AFGHAN OPIUM TRADE WREAKING GLOBAL HAVOC,
UNODC WARNS
The UN Office on Drugs and Crime has issued a dire new report
warning that the Afghan opium trade is spreading addiction,
disease, and insurgency. Too bad it doesn't address the role of
global drug prohibition in exacerbating all these problems.
http://stopthedrugwar.org/chronicle/605/UNODC_warning_afghan_opium_trade

10. EUROPE: IN OPINION POLL, ROMANIANS REJECT MARIJUANA
LEGALIZATION
According to a pair of recent opinion polls inspired by a
presidential committee that recommended easing up on soft drugs
and prostitution, Romanians favor the latter more than the
former.
http://stopthedrugwar.org/chronicle/605/romania_marijuana_legalization_poll

11. ASIA: DRUG USERS FORM REGIONAL ORGANIZATION
Drug users are organizing in Asia. After two years of meetings,
the Asian Network of People who Use Drugs (ANPUD) has been
created in the vein of "nothing about us without us."
http://stopthedrugwar.org/chronicle/605/asia_drug_users_form_organization_ANPUD

12. WEEKLY: THIS WEEK IN HISTORY
Events and quotes of note from this week's drug policy events of
years past.
http://stopthedrugwar.org/chronicle/605/drug_war_history

13. WEEKLY: BLOGGING @ THE SPEAKEASY
"The Daily Show's Best War on Drugs Moments," "Christian Science
Monitor Thinks Arresting Cancer Patients Will Stop Marijuana
Legalization," "John Stossel and Bill O'Reilly Debate Drug
Legalization," "Oakland Airport's Awesome Marijuana Policy,"
"Cartoon: The First Time I Smoked Pot," "Obama's New Medical
Marijuana Statement: What Just Happened?," "Do You Know Your
Rights When Dealing With Police?," "Has Anyone Seen Former Drug
Czar John Walters Lately?," "Washington Post Story on Crack
Sentencing Bill."
http://stopthedrugwar.org/chronicle/605/blogging_at_the_speakeasy

14. ANNOUNCEMENT: THE 2009 INTERNATIONAL DRUG POLICY REFORM
CONFERENCE, ALBUQUERQUE, NEW MEXICO, NOVEMBER 12-14
Every two years drug policy reformers from across the United
States and around the world come to the International Drug
Policy Reform Conference to listen, learn, network and
strategize together for change. This year the conference is in
Albuquerque, in November, and StoptheDrugWar.org is a partner.
http://stopthedrugwar.org/chronicle/605/2009_international_drug_policy_reform_conference_a
lbuquerque_new_mexico

15. STUDENTS: INTERN AT STOPTHEDRUGWAR.ORG (DRCNET) AND HELP
STOP THE DRUG WAR!
Apply for an internship at DRCNet and you could spend a semester
fighting the good fight!
http://stopthedrugwar.org/chronicle/605/drcnet_internships_to_stop_the_drug_war

(Not subscribed? Visit http://stopthedrugwar.org to sign up
today!)

===============

1. Feature: Justice Department Issues Medical Marijuana Policy
Memo -- No Prosecutions If Complying With State Law
http://stopthedrugwar.org/chronicle/605/justice_department_issues_medical_marijuana_policy
_memo

In a new federal medical marijuana policy memo
(http://blogs.usdoj.gov/blog/archives/192) issued Monday to the
DEA, FBI, and US Attorneys around the country, the Justice
Department told prosecutors that medical marijuana patients and
providers in states where it is legal should not be targeted for
federal prosecution unless they are violating state law. The
memo formalizes statements made by Attorney General Eric Holder
in February and March that going after pot-smoking patients and
their suppliers would not be a high Justice Department priority
.

The memo marks a sharp break with federal policy under the
Clinton and Bush administrations, both of which aggressively
targeted medical marijuana operations, especially in California,
the state that has the broadest law and the highest number of
medical marijuana patients.

The announcement of the policy shift won kudos from the
marijuana and broader drug reform movement. But some reformers
questioned what the shift would actually mean on the ground,
pointing to DEA raids and federal prosecutions that have
occurred since Holder's signal this spring that the feds were to
back off, as well as continuing controversies, especially in
California, over what exactly is legal under state law. Others
noted that for real protection to be in place, federal law --
not just prosecutorial policy -- needs to change.

Not everyone was pleased with the move. Comments critical of the
move have come down from some conservative politicians and a
handful of newspaper editorial boards. But they appear to be a
distinct minority.

In the memo, federal prosecutors were told that going after
people who use or provide medical marijuana in accordance with
state law was not the best use of their time or resources.
According to the memo, while the Justice Department continues to
make enforcing federal drug laws a key mission:

"As a general matter, pursuit of these priorities should not
focus federal resources in your States on individuals whose
actions are in clear and unambiguous compliance with existing
state laws providing for the medical use of marijuana. For
example, prosecution of individuals with cancer or other serious
illnesses who use marijuana as part of a recommended treatment
regimen consistent with applicable state law, or those
caregivers in clear and unambiguous compliance with existing
state law who provide such individuals with marijuana, is
unlikely to be an efficient use of limited federal resources."

But the memo also said that federal prosecutors should continue
to target marijuana production or sales operations that are
illicit but hiding behind state medical marijuana laws. It
explicitly singled out cases which involve violence, the illegal
use of firearms, selling pot to minors, money laundering or
involvement in other crimes.

"It will not be a priority to use federal resources to prosecute
patients with serious illnesses or their caregivers who are
complying with state laws on medical marijuana, but we will not
tolerate drug traffickers who hide behind claims of compliance
with state law to mask activities that are clearly illegal,"
said Attorney General Holder.

Head of the Office of National Drug Control Policy
(http://www.whitehousedrugpolicy.gov) Gil Kerlikowske was quick
to point out that the memo didn't legalize marijuana or medical
marijuana, and that prosecutions could continue. "It is
important to recognize that these guidelines provide clarity for
federal prosecutors regarding the appropriate use of federal
resources," he said in a statement Monday
(http://www.whitehousedrugpolicy.gov/news/press09/dk_medmj_comments.html).
"They do not declare marijuana, whether 'medical' or not, as
legal under federal law; nor do they preclude the appropriate
prosecution, under federal law, of marijuana dispensaries in
those states that allow them. The Department of Justice's
guidelines strike a balance between efficient use of limited law
enforcement resources, and a tough stance against those whose
violations of state law jeopardize public health and safety.
Enforcing the law against those who unlawfully market and sell
marijuana for profit will continue to be an enforcement priority
for the US government," the drug czar warned.

The DEA was also quick to point out that while it "welcomes" the
new guidelines, it will continue to go after "criminals." "These
guidelines do not legalize marijuana," the agency said in a
Thursday statement. "It is not the practice or policy of DEA to
target individuals with serious medical conditions who comply
with state laws authorizing the use of marijuana for medical
purposes. Consistent with the DOJ guidelines, we will continue
to identify and investigate any criminal organization or
individual who unlawfully grows, markets or distributes
marijuana or other dangerous drugs. Those who unlawfully possess
firearms, commit acts of violence, provide drugs to minors, or
have ties to other criminal organizations may also be subject to
arrest."

Despite the disclaimers and demurrals, patient advocates hailed
the move. "This is a huge victory for medical marijuana
patients," said Steph Sherer, executive director of Americans
for Safe Access (http://www.safeaccessnow.org), the nationwide
medical marijuana advocacy organization, which had been in
negotiations with the Justice Department to get written
guidelines issued. "This indicates that President Obama intends
to keep his promise not to undermine state medical marijuana
laws and represents a significant departure from the policies of
the Bush Administration," continued Sherer. "We will continue to
work with President Obama, the Justice Department, and the US
Congress to establish a comprehensive national policy, but it's
good to know that in the meantime states can implement medical
marijuana laws without interference from the federal
government."

"This is the most significant, positive policy development on
the federal level for medical marijuana since 1978," said the
Marijuana Policy Project (http://www.mpp.org) in a message to
its list members Monday.

"It's great to see the Obama administration making good on the
promises that candidate Obama made last year. These new
guidelines effectively open the door to sensible collaboration
between state governments and medical marijuana providers in
ensuring that patients have safe and reliable access to their
medicine," said Ethan Nadelmann, executive director of the Drug
Policy Alliance (http://www.drugpolicy.org). "What remains
unclear is how the Justice Department will respond to rogue
state attorneys, such as San Diego's Bonnie Dumanis, who persist
in undermining state medical marijuana laws in their local
jurisdictions. Now is the right time for the Obama
administration to move forward with federal legislation to end
the irrational prohibition of medical marijuana under federal
law."

While the policy memo was "encouraging," the "proof will be in
the pudding," said California NORML (http://www.canorml.org)
head Dale Gieringer, who also cited the recent raids in San
Diego
(http://stopthedrugwar.org/chronicle/601/san_diego_medical_marijuana_raids),
as well as the August federal indictment of two Lake County
medical marijuana providers. "Note that the new Obama policy has
a glaring loophole, emphasizing that 'prosecutors have wide
discretion in choosing which cases to pursue, and... it is not a
good use of federal manpower to prosecute those who are without
a doubt in compliance with state law,'" Gieringer said. "The
salient question is, who decides what is 'without a doubt' in
compliance with state law? As shown by the recent statements of
LA's DA and City Attorney
(http://www.latimes.com/news/la-mew-pot9-2009oct9-mobile,0,6968626.story),
there exist significant doubts about the legality of most
dispensaries in California. It remains to be seen how far the
administration's new policy guidelines will go to prevent
further abuses, when what is really needed is fundamental reform
of federal laws and regulations."

Iowa Republican Sen. Chuck Grassley was not concerned about the
subtleties of the policy shift as much as he was about turning a
blind eye to a violation of federal law. "I think that marijuana
is a gateway to harder drug use," Grassley said in a Wednesday
statement
(http://www.iowaindependent.com/21057/grassley-slams-justice-departments-medical-marijuana
-decision).
"Medical marijuana brings a certain amount of legitimacy to an
illegal drug, even though it attempts to do it in a legal way.
We have a federal law that is intended to outlaw its use. That
federal law ought to be enforced. It was enforced in the
previous administration and I think having a national program
against drug use is very, very important."

Demonstrating a lack of information about who is supplying
California medical marijuana dispensaries, Grassley attempted to
link them to Mexican drug cartels. While some medical marijuana
providers may be acting legally under state law, he said, "most
of the marijuana that flows into the United States comes from
the drug lords."

But Grassley appeared to be fighting a lonely rear-guard action.
In what may be a sign that even politicians in Washington
understand the popularity of medical marijuana, the Obama
administration move has generated little other critical comment
from the right or from the mainstream media. While numerous
newspaper editorial boards have come out in favor of the move,
the Christian Science Monitor
(http://www.csmonitor.com/Commentary/the-monitors-view/2009/1020/p08s01-comv.html)
was nearly alone among major newspapers in condemning it.

And so opens the next chapter in America's long, twisted path to
the acceptance of medical marijuana.

================ ...

___________________

It's time to correct the mistake:
truth:the Anti-drugwar
<http://www.briancbennett.com>

Cops say legalize drugs--find out why:
<http://www.leap.cc>

Stoners are people too:
<http://www.cannabisconsumers.org>
___________________

later
bliss -- Cacoa Powered... (at sfo dot com)

--
bobbie sellers - a retired nurse in San Francisco

"It is by will alone I set my mind in motion.
It is by the beans of cacoa that the thoughts acquire speed,
the thighs acquire girth, the girth become a warning.
It is by theobromine alone I set my mind in motion."
--from Someone else's Dune spoof ripped to my taste.

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