Drug War Chronicle, Issue #554 -(urls + editorial)- 10/03/08

Drug War Chronicle, Issue #554 -- 10/03/08
Phillip S. Smith, Editor, http://stopthedrugwar.org/user/psmith
http://stopthedrugwar.org/chronicle/554

A Publication of StoptheDrugWar.org
David Borden, Executive Director,
http://stopthedrugwar.org/user/borden
"News and Activism Supporting Sensible Reform"

Offer: Unique and Important New Book on Medical Marijuana:
http://stopthedrugwar.org/chronicle/554/dying_to_get_high_membership_offer

Table of Contents:

1. FEATURE: DRUG POLICY REFORM AND SENTENCING INITIATIVES ON THE
NOVEMBER BALLOT
Election day is just over a month away. Here's a breakdown of
drug policy reform and sentencing initiatives (not all of them
good) on various state and local ballots November 4.
http://stopthedrugwar.org/chronicle/554/drug_policy_reform_sentencing_initiatives_november
_election

2. FEATURE: DRUG REFORM NOT ON THE RADAR IN CANADA'S ELECTIONS
Canadians go to the polls in national elections this month, but
there has been little talk of drug reform, and two pro-reform
parliamentary candidates were forced off the ballot after videos
of past drug use surfaced on YouTube.
http://stopthedrugwar.org/chronicle/544/canada_election_drug_reform_marijuana

3. OFFER: UNIQUE AND IMPORTANT NEW BOOK ON MEDICAL MARIJUANA
"Dying to Get High," by sociologists Wendy Chapkis and Richard
Webb, is a groundbreaking work that provides an in-depth
portrait of one of the country's most well-known medical
marijuana collectives.
http://stopthedrugwar.org/chronicle/554/dying_to_get_high_membership_offer

4. LAW ENFORCEMENT: THIS WEEK'S CORRUPT COPS STORIES
Crooked policing runs the gamut this week: from a former chief
of police busted for dope dealing, to a cop nailed for acting as
a middleman in a bribery scheme, to some lying cops being
scrutinized by a federal judge, to a crew of rogue detectives
costing their employer a nice settlement, to another rogue cop
who's been on the lam for the last five years.
http://stopthedrugwar.org/chronicle/554/police_drug_corruption

5. DRUG WAR FOLLIES: IOWA ANTI-METH PSEUDOEPHEDRINE LAW SNAGS
NASAL CONGESTION SUFFERER
An Iowa man with chronic nasal congestion has run afoul of his
state's law aimed at cracking down on meth cooks.
http://stopthedrugwar.org/chronicle/554/iowa_nasal_congestion_meth_pseudoephedrine

6. PUBLIC OPINION: THREE-QUARTERS OF LIKELY VOTERS BELIEVE DRUG
WAR IS FAILING AND MORE THAN ONE-QUARTER FAVOR LEGALIZATION,
ZOGBY POLL FINDS
A poll released Thursday finds that 76% of likely voters think
the drug war is failing and 27% say the solution is to legalize
some drugs.
http://stopthedrugwar.org/chronicle/554/zogby_poll_drug_war_failing_some_say_legalization

7. SENTENCING: SUPREME COURT 2ND AMENDMENT DECISION MAY PROVIDE
OPENING FOR APPEAL IN CASE OF POT DEALER DOING 55 YEARS FOR
CARRYING GUN
Salt Lake City marijuana dealer Weldon Angelos got 55 years
because he had a gun with him during a couple of deals and more
at home. Now, in the wake of the Supreme Court's recent 2nd
Amendment decision, a group of attorneys is filing a new appeal.
http://stopthedrugwar.org/chronicle/544/weldon_angelos_55_years_Supreme_Court_gun_case_cha
llenge

8. SENTENCING: PENNSYLVANIA REFORM MEASURE BECOMES LAW
The biggest sentencing reforms in years were signed into law by
Pennsylvania Gov. Ed Rendell last week, but the killing of a
policeman by a parolee is now blocking all parole releases.
http://stopthedrugwar.org/chronicle/554/pennsylvania_sentencing_reform_becomes_law

9. MEDICAL MARIJUANA: SCHWARZENEGGER VETOES EMPLOYMENT RIGHTS
BILL
California Gov. Arnold Schwarzenegger (R) has vetoed a bill that
would have provided employment protection for medical marijuana
patients.
http://stopthedrugwar.org/chronicle/554/schwarznegger_vetoes_medical_marijuana_employment_
rights_bill

10. MEDICAL MARIJUANA: BILL COMING DOWN THE PIKE IN IDAHO?
An Idaho Republican state legislator is threatening to introduce
a medical marijuana bill next session. That would bring the
state in line with neighbors Washington, Oregon, Nevada, and
Montana.
http://stopthedrugwar.org/chronicle/554/idaho_medical_marijuana_bill

11. LATIN AMERICA: MEXICAN PRESIDENT MOVES TO DECRIMINALIZE DRUG
POSSESSION
As part of a package of security measures aimed at fighting his
country's powerful drug trafficking organizations, Mexican
President Felipe Calderon this week moved to decriminalize drug
possession.
http://stopthedrugwar.org/chronicle/554/mexico_president_decriminalize_drugs

12. EUROPE: MARIJUANA LESS HARMFUL THAN ALCOHOL OR TOBACCO, SAYS
BRITISH DRUG THINK-TANK
A British drug policy think-tank has released a report saying
that marijuana is less harmful than alcohol or tobacco and
should be regulated, not prohibited.
http://stopthedrugwar.org/chronicle/554/marijuana_safer_than_alcohol_or_tobacco_says_Beckl
ey_Foundation

13. WEEKLY: THIS WEEK IN HISTORY
Events and quotes of note from this week's drug policy events of
years past.
http://stopthedrugwar.org/chronicle/554/drug_war_history

14. WEEKLY: BLOGGING @ THE SPEAKEASY
"Mark Souder vs. The New Drug War Politics," "Calvina Fay vs.
The New Drug War Politics," "New Poll: Democrats and Republicans
Agree That the Drug War is a Failure," "Police Discover World's
Largest Marijuana Plants," "The Drug War Bailout," "Police
Defend the Right to Choke Marijuana Suspects," "SWAT Raids Often
Target Innocent People," "Nasal Congestion Sufferer Arrested for
Buying Too Much Cold Medicine," "When Police Mistake Chocolate
For Hashï¿½"
http://stopthedrugwar.org/chronicle/554/blogging_at_the_speakeasy

15. 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/554/do_you_read_drug_war_chronicle

16. WEBMASTERS: HELP THE MOVEMENT BY RUNNING DRCNET SYNDICATION
FEEDS ON YOUR WEB SITE!
Support the cause by featuring automatically-updating Drug War
Chronicle and other DRCNet content links on your web site!
http://stopthedrugwar.org/chronicle/554/drug_policy_content_syndication_feeds_now_availabl
e

17. RESOURCE: DRCNET WEB SITE OFFERS WIDE ARRAY OF RSS FEEDS FOR
YOUR READER
A new way for you to receive DRCNet articles -- Drug War
Chronicle and more -- is now available.
http://stopthedrugwar.org/chronicle/554/drug_policy_RSS_feeds_now_available

18. RESOURCE: REFORMER'S CALENDAR ACCESSIBLE THROUGH DRCNET WEB
SITE
Visit our new web site each day to see a running countdown to
the events coming up the soonest, and more.
http://stopthedrugwar.org/chronicle/554/drug_reform_calendar

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

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

1. Feature: Drug Policy Reform and Sentencing Initiatives on the
November Ballot
http://stopthedrugwar.org/chronicle/554/drug_policy_reform_sentencing_initiatives_november
_election

With election day little more than a month away, it is time for
a round-up of drug policy reform initiatives facing voters in
November. Not only are there a number of state-level initiatives
dealing with marijuana decriminalization, medical marijuana, and
sentencing reform (or its opposite), there are also a handful of
initiatives at the county or municipal level.

But after a spate of drug reform initiatives beginning in the
mid-1990s and continuing into the beginning of this decade, the
pace has slowed this year. Of the 139 statewide initiatives
identified by the Initiative and Referendum Institute
(http://www.iandrinstitute.org) as making the ballot this year,
only seven have anything to do with drug reform, and four of
those seek to increase sentences for various drug offenses.

Drug reformers have had an impressive run, especially with
medical marijuana efforts, winning in Alaska, Arizona,
California, Colorado, Maine, Montana, Nevada, Oregon, and
Washington, and losing only in conservative South Dakota.
Reformers also scored an impressive coup with California's
"treatment not jail" initiative, Proposition 36, in 2002. At the
municipal level, initiatives making adult marijuana offenses the
lowest law enforcement priority have won in cities across
California; as well as Denver; Seattle; Missoula County,
Montana; Holly Springs, Arkansas; and Hailey, Idaho. Detroit and
several smaller Michigan cities have also approved municipal
medical marijuana initiatives.

One reason for the slow-down in reformers' resort to the
initiative process is that, as Marijuana Policy Project
(http://www.mpp.org) assistant communications director Dan
Bernath put it, "We've already grabbed all the low-hanging
fruit."

While medical marijuana initiatives have had an impressive run,
the remainder of the 22 initiative and referendum states --
Arkansas, Idaho, Illinois, Massachusetts, Missouri, Nebraska,
North Dakota, Ohio, Oklahoma, Utah, and Wyoming -- present a
more difficult social and political terrain, in most cases.
Running a successful initiative is also costly, said Bernath.

"Only half the states have initiatives, so there are only so
many places where reformers can push them," he said. "And it is
an expensive process that is often complicated. On the other
hand, you don't have to rely on timid politicians. The voters
are often way out in front of politicians on marijuana reform
initiatives, and with an initiative, you don't have to worry
about those timid politicians tinkering with your legislation
and taking all the teeth out of it," Bernath noted. "As a
general rule, I think most reformers would prefer to see
something passed by the voters, that gives it a lot of
legitimacy."

And that's just what reformers are trying to do with medical
marijuana in Michigan and marijuana decriminalization in
Massachusetts this year, both of which appear poised to pass.
Likewise, in California, reformers are seeking to expand and
deepen Prop. 36, but they also face a pair of sentencing
initiatives aimed at harsher treatment of drug offenders. And
next door in Oregon, anti-crime crusaders also have a pair of
initiatives aimed at punishing drug offenders -- among others.

Here's a rundown of the statewide drug reform and/or sentencing
initiatives:

CALIFORNIA: It's the battle of the crime and sentencing
initiatives, with Proposition 5
(http://www.prop5yes.com/category/facts/full-text-of-prop-5),
the Nonviolent Offender Rehabilitation Act (NORA) going up
against a pair of initiatives headed in the other direction.
Building on the success (and limitations) of 2002's Prop. 36,
Prop. 5 would expand the number of drug offenders diverted from
prison into treatment, expand prison and parole rehabilitation
programs, allow inmates earlier release for participating in
such programs, and cut back the length of parole. It would also
decriminalize the possession of up to an ounce of marijuana. Led
by the Drug Policy Alliance (http://www.drugpolicy.org) Southern
California office, the Yes on Prop. 5 (http://www.prop5yes.com)
campaign has won broad support from drug treatment
professionals, with the notable exception of drug court
advocates. But it also faces opposition, not only from the drug
court crew and the usual law enforcement suspects, but also
actor Martin Sheen and several prominent newspaper editorial
boards. No polls on Prop. 5's prospects have been released.
Visit
http://stopthedrugwar.org/chronicle/551/california_NORA_Proposition_5_treatment_not_jail_i
nitiative
our earlier in-depth reporting on Prop. 5.

Proposition 6
(http://www.safeneighborhoodsact.com/InitiativeSummary/tabid/55/Default.aspx),
the Safe Neighborhoods Act, is primarily aimed at gang members,
violent criminals, and criminal aliens, but also includes
provisions increasing penalties for methamphetamine possession,
possession with intent, and distribution to be equal to those
for cocaine, and provides for the expulsion from public housing
of anyone convicted of a drug offense. The measure also mandates
increased spending for law enforcement. Read the California
League of Women Voters' analysis of Prop. 6 here
(http://ca.lwv.org/lwvc/edfund/elections/2008nov/id/prop6.html).

Proposition 9 (http://www.friendsofmarsyslaw.org), also known as
the Crime Victims Bill of Rights Act, unsurprisingly is
concerned mostly with "victims' rights," but also includes
provisions that would block local authorities from granting
early release to prisoners to alleviate overcrowding and
mandates that the state fund corrections costs as much as
necessary to accomplish that end. It would also lengthen the
amount of time a prisoner serving a life sentence who has been
denied parole must wait before re-applying. Currently, he must
wait one to five years; under Prop. 9, he must wait three to 15
years. Prop. 9 would also allow parolees who have been jailed
for alleged parole violations to be held 15 days instead of the
current 10 before they are entitled to a hearing to determine if
they can be held pending a revocation hearing, and stretches
from 35 to 45 the number of days they could be held before such
a hearing. These last two provisions, as well as one limiting
legal counsel for parolees, all conflict with an existing
federal court order governing California's procedures. Read the
California League of Women Voters' analysis of Prop. 9 indicted
in June
(http://articles.latimes.com/2008/jun/06/business/fi-nicholas6)
on federal fraud and drug charges. His indictment alleges that
he kept properties for drug parties, supplied methamphetamine
and cocaine to friends and prostitutes, and spiked technology
executives' drinks with Ecstasy.

MASSACHUSETTS: The Committee for Sensible Marijuana Policy
(http://www.sensiblemarijuanapolicy.org) is sponsoring an
initiative that would decriminalize the possession of up to an
ounce of marijuana. Known as Question 2
(http://sensiblemarijuanapolicy.org/initiative) on the November
ballot, the initiative builds on nearly a decade's worth of work
by local activists who ran dozens of successful ballot questions
directed at individual representatives. Question 2 looks like
almost a sure winner; it garnered 72% support in a Michigan
Coalition for Compassionate Care
(http://www.stoparrestingpatients.org) and appearing on the
ballot as Proposition 1
(http://www.stoparrestingpatients.org/initiative) would allow
patients suffering from debilitating medical conditions
including cancer, glaucoma, HIV, AIDS, hepatitis C, MS and other
conditions as may be approved by the Department of Community
Health to use marijuana with a doctor's recommendation. It would
require the department to create an ID card system for qualified
patients and their designated caregivers and would allow
patients and caregivers to grow small amounts of marijuana
indoors in a secure facility. It would also permit both
registered and unregistered patients and caregivers to assert a
medical necessity defense to any prosecution involving
marijuana. A Ballot Measure 61
(http://www.sos.state.or.us/elections/irr/2008/040text.pdf),
"Mandatory Sentences For Drug Dealers, Identity Thieves,
Burglars, And Car Thieves," is pretty self-explanatory. It would
impose mandatory minimum sentences for the manufacture or
delivery of cocaine, heroin, or methamphetamine of 36 months in
some cases and 30 months in others. It also lays out similar
mandatory minimums for the other criminal offenders listed
above. Mannix originally included a provision attempting to
supplant the Oregon Medical Marijuana Program, but dropped it
when it became apparent it could drag down the entire
initiative.

Another measure initiated by the legislature and referred to the
voters, Ballot Measure 57
(http://www.sos.state.or.us/elections/irr/2008/408text.pdf),
would also increase penalties for the sale or distribution of
cocaine, heroin, methamphetamine, and Ecstasy. It sets a
sentencing range of 34 months to 130 months, depending on the
quantity of the drug involved. The measure would also require
drug treatment for certain offenders and impose sanctions for
those who resist, provide grants to local jurisdictions for
jails, drug courts, and treatment services, and limit judges'
ability to reduce sentences.

LOCAL INITIATIVES: In addition to the statewide initiatives
mentioned above, there are also a handful of municipal
initiatives on the November 4 ballot. Here they are:

BERKELEY, CALIFORNIA: In Berkeley, Measure JJ
(http://www.ci.berkeley.ca.us/uploadedFiles/Clerk/Elections/Measure%20JJ%20Medical%20Canna
bis.pdf)
seeks to broaden and regularize medical marijuana access.
Supported by the Sensible Fayetteville
(http://www.sensiblefayetteville.com) is sponsoring an
initiative
(http://sensiblefayetteville.com/full-initiative-text.php) that
would make enforcement of adult marijuana possession laws the
lowest law enforcement priority. It also includes language
mandating city officials to write an annual letter to their
state and federal representatives notifying them of the city's
position and urging them to adopt a similar one. If the measure
passes, Fayetteville will become the second Arkansas community
to adopt such an ordinance. Nearby Eureka Springs did so in
2007.

FERNDALE, MICHIGAN: Ferndale passed a medical marijuana
initiative in 2005, but this year a shadowy group known as the
National Organization for Positive Medicine has placed an
initiative on the ballot that would allow for the distribution
of medical marijuana, but only by the National Organization for
Positive Medicine. The initiative is not affiliated with the
statewide medical marijuana initiative.

HAWAII COUNTY, HAWAII: Hawaii's Big Island (Hawaii County) will
be voting on an initiative making adult marijuana possession
offenses the lowest law enforcement priority. Ballot Question 1
(http://www.co.hawaii.hi.us/elections/pdf/InitiativeQuestion%202008.pdf)
not only makes adult possession offenses the lowest priority, it
would also bar county law enforcement officials from accepting
federal deputization or commissions to enforce laws in conflict
with the initiative, prohibits the County Council from accepting
or spending funds to enforce adult marijuana possession laws,
and bar the County Council from accepting any funds for the
marijuana eradication program. The initiative is sponsored by
Project Peaceful Sky (http://www.projectpeacefulsky.org), a
local grassroots organization whose name alludes to the
disruption of tranquility caused by law enforcement helicopters
searching for marijuana.

Alright, potential voters, there you have it. See you at the
polls November 4.

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

___________________
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 -- C O C O A Powered... (at california dot com)

--
bobbie sellers - a retired nurse in San Francisco

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

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