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I Am My Sister's Keeper

On March 16, 2010, I will be receiving the Reverand Dr. Constance M.

Boycott Idaho Over Thuggish Marijuana Law Enforcement? Well, We Have to Start Somewhere

Idaho has some great scenery and some great skiing, it has the Snake River Canyon, and it has a huge knot of mountains in the middle of the state that are very appealing to those who like rugged, isolated beauty. I had intended to explore them this summer, but I've changed my mind. And this story is the reason why:

Medical Marijuana Defense Falls Flat

REXBURG — The Fremont County prosecutor says a drug bust in Island Park illustrates that claiming a medical use of marijuana with a certificate from another state won't help you in Idaho.

Aurora M. Hathor-Rainmenti, 35 , of Garberville, Calif., was arrested Friday after she was stopped for speeding near Mack's Inn. Fremont County deputies found a baggy containing marijuana in her car with the help of a drug dog.
Hathor-Rainmenti was charged with one count of possession of marijuana and two counts of possession of drug paraphernalia, all misdemeanors.

Fremont County Prosecutor Joette Lookabaugh said Hathor-Rainmenti said she had a certificate from the state of California allowing for medical use of marijuana.

"We want the public to know that medical marijuana certificates, even if they're from surrounding states, are not honored in Idaho," Lookabaugh said.

Okay, I understand this. Idaho is under no obligation to honor a medical marijuana card from a different state. Medical marijuana users be forewarned: If you're headed for benighted redneck country, don't expect your card to protect you.

There is, however, no suggestion that Hathor-Rainmenti is anything other than a legitimate medical marijuana patient. Still, the local prosecutor takes the opportunity to pile on the charges: Not only does she get a pot possession charge, she also gets two paraphernalia charges (did she have two rolling papers, or what?). Absolutely typical, of course, and absolutely disgusting. Just another way for prosecutors to stack the deck. And not limited to Idaho.

Similarly, a judge in Idaho, if he had an ounce of compassion in his body, could take her medical marijuana patient status into account during sentencing. There is no sign he did that:

On Monday Hathor-Rainmenti pleaded guilty to the possession charge and one of the possession of paraphernalia charges. The other paraphernalia charge was dropped.

She was sentenced to five days in jail, with 115 days at the discretion of the court along with an $800 fine.

Nice. Throwing a patient in jail for a victimless crime—and rip her off for $800. Remember, she was not charged with drugged driving—and you better believe she would have been had there been the least suggestion she was impaired. Okay, the sentence was ugly and reprehensible, but still nothing unusual in the fascistoid heartland. But here's the kicker; here's what's got me thinking boycott:

In addition, there is a civil forfeiture under way on the borrowed car Hathor-Rainmenti was driving, as well as on the $514 in cash that was confiscated during the arrest.

Say what?!?! Asset forfeiture laws are supposed to be directed at people getting rich from selling drugs. They're problematic enough in that regard, since they create an incentive for cops to trawl for cash, distorting law enforcement priorities in the constant search for the next big score—with the loot typically used to pay for more cops and more drug dogs to find more cash to seize to pay for more cops and more drug dogs and…In short, they are little more than a form of institutionalized, legalized corruption.

But Hathor-Rainmenti only had a bag of weed. She was not charged with drug distribution. And the state of Idaho is going to steal her car and every penny she had on her? This is nothing but robbery under color of law. This is the criminal justice system as organized thuggery. The thieving state of Idaho can go to hell.

I am sick to death of this sort of crap. It happens all the time, and not just in Idaho. But we have to start somewhere, and that's why I'm suggesting that perhaps a boycott is in order. Idaho is a relatively small state in terms of population, and it is highly dependent on tourism. In other words, it's vulnerable.

I am aware that boycotts are a blunt instrument that may not directly harm the people they are aimed at—the cops who make the busts, the prosecutors who try to hammer good people down, the judges who routinely impose such obscene sentences, the politicians who write the laws. But if the ski resorts in Sun Valley or the river guides and hotel owners along the Snake River Valley start seeing cancellations, perhaps they will be motivated to start putting some money into campaigns to end this evil.

To be honest, I'm getting frustrated with playing games with state legislatures and I'm thinking it's time for some creative direct actions. We can spend years at the statehouse only to win a piddling decriminalization bill. Whoopee! Now you can only steal my stash and a few hundred of my hard-earned dollars instead of stealing my stash and my money and giving me a criminal record and some jail time. That is progress of a sort, but not nearly enough. Ditto with medical marijuana. Why is it that it seems like every new medical marijuana law is more restrictive than the last? Pretty soon we're going to end up with a medical marijuana law somewhere where you have to be dead already to qualify.

So…what about an organized boycott of Idaho, for starters? Would medical marijuana defense groups like Americans for Safe Access get on board with that? Why or why not? What about NORML and the Marijuana Policy Project? Or the Drug Policy Alliance? Just the announcement of a boycott ought to start a real ruckus among the good burghers of Boise.

There are 20 million or so pot smokers in the US, and they have friends and families. We are talking about tens of millions of people who could potentially participate. It could even have a real economic impact, and if that's what it takes to beat some sense into these yahoos, so be it. Individuals could do their part by writing letters to the state and local chambers of commerce, to the state tourism bureau, and to state newspapers explaining why they are going elsewhere this year. Reservations could be made and then canceled. Let 'em feel the pain.

As I've said, I'm getting really tired of progress by the millimeter. I'm open to some creative tactics. A directed boycott is one of them.

Here's another one: The drug defense bar grows rich defending pot people. How about after charging us $5,000 to show up in court and cop a guilty plea and $15,000 to pursue an appeal on constitutional grounds a few hundred times, you give back to the community you grow rich off of? How about a group of you picking a particular egregious locality and pro bono defending every drug case like you meant it? I mean filing motions, going to trial, no plea bargains, demanding jury trials, the works. You could probably freeze the system in a few weeks. Yeah, I know there are issues, but we could work them out.

Sure, things like boycotts and forcing the criminal justice system are messy and difficult. But in the meantime, the wheels of injustice keep grinding away, chewing up our people in the process. Anybody got any better ideas?

Do we begin with boycotting Idaho? Count me in.

Prisoner Reentry: New Mexico Becomes Second State to Ban Criminal History Queries in Public Job Applications

Gov. Bill Richardson (D) Monday signed into law a bill that removes one obstacle to employment for people with criminal convictions.

Feature: Senate Judiciary Committee Unanimously Passes Bill to Reduce Crack/Powder Cocaine Sentencing Disparity

The US Senate Judiciary Committee Thursday unanimously approved a bill that would reduce -- but not eliminate -- the disparity in sentencing for federal crack and powder cocaine offenses.

Latin America: Mexico Drug War Update

by Bernd Debusmann, Jr.

Mexican drug trafficking organizations make billions each year trafficking illegal 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 over 17,000 people, with a death toll of nearly 8,000 in 2009 and over 1,000 so far in 2010. The increasing militarization of the drug war and the arrest of several 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:

Sunday, February 28

In Ciudad Juárez, a eight people were killed in drug-related violence in various parts of the city. Among the dead was a three-year old boy who was killed when gunmen attacked a party at a ranch just outside the city. In another incident, a couple was gunned down outside their home. As of February 28, 380 people have been killed in drug-related violence in Ciudad Juárez in 2010. 2,635 were killed in the city of 1.5 million in 2009.

Monday, March 1

Mexican police announced that a Mexican journalist who has been missing since 2007 was murdered by drug traffickers. Rodolfo Rincon, 54, was a journalist for the newspaper Tabasco Hoy, and was last seen on January 20, 2007. Authorities say that a recently arrested member of the Zetas organization admitted to participating in the kidnapping and killing, and claimed that Rincon's body was dissolved in acid after being murdered.

In Sinaloa, four men were killed in the northern part of the state. In once incident, a man was shot dead after being involved in a high-speed car chase on a highway near Los Mochis. In another incident, a group of policemen were ambushed by a group of armed men near the town of Choix, leaving a municipal police official and one of his officers wounded.

Tuesday, March 2

In the state of Chihuahua, seven people were killed in several incidents throughout the state. In the city of Chihuahua, the brother of a local police official was shot and killed in his car, along with his girlfriend. After the car was riddled with bullets, both were apparently executed at close-range with shots to the head. In other parts of Mexico, seven people were killed in Sinaloa, and two men were killed after being ambushed on a highway in Guerrero.

Wednesday, March 3

In Guasave, Sinaloa, four young men were killed as they left a party. This brings to 15 the number of people killed in the small town of Guasave over the last 10 days, all of them between 15 and 26 years of age.

In other parts of Mexico, armed men killed three members of a trucking company in Ciudad Obregon, Sonora, and one person was killed in a shootout between the Mexican army and suspected drug traffickers in Michoacan. Four men were killed outside a secondary school in Ciudad Juárez, and five people were killed in Guerrero, including a police official. One drug-related murder was reported in Queretaro.

Thursday , March 4

In Ciudad Juárez, a woman and her nine-month old daughter were killed after the vehicle in which they were traveling was ambushed by gunmen. A 23-year old man, the father of the child, was left unscathed by the attack. Following the incident, police discovered a handgun in his possession and detained him.

Friday , March 5

In Michoacan, a group of heavily armed men ambushed a police convoy. Two officers were killed and three were wounded in the attack, which took place near the port city of Lazaro Cardenas. Meanwhile, in Altar, Sonora, 28,000 kilograms of marijuana were seized by Mexican authorities, as well as 18 weapons and seven unspecified vehicles.

Saturday , March 6

Police officers held a protest in the Monterrey suburb of San Nicolas de los Garza after three officers were killed in an ambush by suspected drug traffickers. The policemen gathered outside police stations and demanded improved weapons, equipment and life insurance. A fourth officer was wounded and remains in serious condition.

Monday , March 8

In the Xochimilco area of Mexico City, four men were found murdered with a note beside the bodies which made references to drug trafficking groups. The four men had all been shot and left in a local parking lot. The note made reference to the ongoing struggle for leadership of the Beltran-Leyva organization which ensued after its leader, Arturo Beltran Leyva , was killed in a raid by naval commandos on December 16th.

Tuesday , March 9

Police in Sonora discovered five partially buried bodies in an area near the border with Chihuahua. One of the dead was identified as being a municipal police officer. The men had been kidnapped the previous Sunday in a nearby area. In other violence across Mexico, a 13-year old boy was killed in the crossfire between two groups of armed men in the city of Nogales.

In Mazatlan, three police officers were killed after being ambushed near the home of a local police commander, who was among the dead. Three other drug-related murders were reported in Mazatlan, as well as one in Culiacan. In Sinaloa's main prison, two prisoners were assassinated by rivals in the gymnasium.

Five men were killed in a Chihuahua prison after a gun battle broke out between groups of rival inmates. Prison officials have stated that the battle was between two gangs, La Linea and the Mexicles. Both these groups provide enforcers to drug cartels. La Linea is considered by many to be the armed wing of the Juárez cartel, and the Mexicles are known to provide foot soldiers to the Sinaloa Cartel for its offensive in Ciudad Juárez.

Total body count for last two weeks: 375

Total body count for the year: 1,776

Total body count for 2009: 7,724

Total body count since Calderon took office: 17,981

Read the last Mexico Drug War Update here.

Press Release: Senate Judiciary Votes to Reform Federal Crack Law

FOR IMMEDIATE RELEASE     
Date:  March 11, 2010                                       
Contact: media@famm.org              
 

BREAKING NEWS:
Senate Judiciary Votes to Reform Federal Crack Cocaine Sentencing Policies
Eliminates first mandatory minimum since Nixon Administration

WASHINGTON, D.C. – Moments ago, the U.S. Senate Judiciary Committee unanimously passed a bill that would reduce the sentencing disparity between federal crack and powder cocaine offenses. 

The bipartisan vote to approve an amended version of Senator Richard Durbin’s (D-Ill.) bill, S. 1789, acknowledged that disparate sentencing policies enacted for federal crack cocaine offenses in 1986 have had a negative impact on the nation’s criminal justice system. 

The amended bill would reduce the ratio between crack and powder cocaine from 100:1 to 20:1 and direct the U.S. Sentencing Commission to enhance penalties for aggravating factors like violence or bribery of a law enforcement officer.  Significantly, the bill also would eliminate the mandatory minimum sentence for simple possession of crack.

“This is an exciting vote, but also disappointing.  We hoped the Committee would go further in making crack penalties the same as powder.  There was no scientific basis for the 100:1 disparity between crack and powder cocaine created 24 years ago, and there is no scientific basis for today’s vote of 20:1 ,” said FAMM President Julie Stewart. “However, if this imperfect bill becomes law, it will provide some long-overdue relief to thousands of defendants sentenced each year.

With regard to the bill’s provision that would eliminate the mandatory sentence for simple possession of crack, Ms. Stewart stated, “If enacted, this legislation would repeal a mandatory minimum law for the first time since the Nixon administration.”

Under the Senate’s proposed 20:1 ratio, a conviction for 28 grams of crack cocaine will trigger a five year prison sentence and for 280 grams of crack a 10 year sentence.   The 20:1 ratio could affect an estimated 3,100 cases annually, reducing sentences by an average of about 30 months.  The bill would not, however, reduce sentences for those currently incarcerated for crack offenses.  Impact of the amendment’s other provisions has not yet been calculated. 

The House Judiciary Committee passed its own crack cocaine sentencing reform bill on July 29.  H.R. 3245, the Fairness in Cocaine Sentencing Act of 2009, introduced by Congressman Robert “Bobby” Scott (D-V.A.), removes references to “cocaine base” from the U.S. Code, thus treating all cocaine, including crack, the same for sentencing purposes.

Families Against Mandatory Minimums is a national nonprofit, nonpartisan organization supporting fair and proportionate sentencing laws that allow judicial discretion while maintaining public safety.  For more information on FAMM, visit www.famm.org or contact Monica Pratt Raffanel at media@famm.org

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Prisoner Re-Entry: New Mexico Becomes Second State to "Ban the Box;" New Law Bans Criminal History Query on Public Job Applications

Gov. Bill Richardson (D) Monday signed into law a bill that removes one obstacle to employment for people with criminal convictions. The bill, SB 254, the Consideration of Crime Convictions for Jobs bill, will remove the question of public job applications about whether a person has been convicted of a felony, leaving such questions for the interview stage of the hiring process.

The bill applies to job application for state, local, or federal public jobs. It does not apply to private sector employers. It passed the Senate 35-4 and the House 54-14.

Known as "ban the box," such bills are designed to allow ex-convicts a better opportunity to re-enter the job market. Having a job is a key means of reducing recidivism.

The measure passed the Senate 35-4 and the House 54-14. New Mexico now becomes the second state to pass such legislation. Minnesota passed a similar measure in 2009. Some cities, including Boston, Chicago, Minneapolis, and San Francisco have passed similar measures as well.

"Lots of young people - and old people, too - have that one stupid mistake they made years ago," said Republican Sen. Clint Harden, a former state labor secretary who sponsored the bill. The bill gives them a chance to explain before they are shut out of the hiring process: "Yeah, I had a felony when I was 22, I got caught for possession with intent, I did probation, that was 15 years ago, and I don't do drugs now and yadda yadda," he told the Associated Press late last month.

"We thank Gov. Richardson for signing the 'ban the box' bill," said Julie Roberts, acting state director of Drug Policy Alliance New Mexico. "The governor and the New Mexico legislature affirmed their support for people with convictions to be given this opportunity for a second chance. This bill will make our communities safer and keep families together by providing job opportunities to people who need them most."

One in five Americans has a criminal record, and Roberts is one of them. She had a drug bust at age 18. "Since then, I've gone to college, I have had internships, I haven't been in trouble for eight years but I still have to check the box," she said. "There's a lot of people like me. This new law will allow individuals who are qualified for a position the chance to get their foot in the door," she said. "As a person with a criminal conviction, this law will not only help me, but others around the state who made a mistake years ago and are now rebuilding their lives."

In addition to the Drug Policy Alliance, the bill was supported by the New Mexico Conference of Churches, the Lutheran Advocacy Ministry of New Mexico, the New Mexico Public Health Association, the Women's Justice Project, and Somos Un Pueblo Unido.

Do you agree?

 

Dear friends,

Following recent DEA medical marijuana raids in Colorado, US Representative Jared Polis (CO-2) made a statement online calling on the DEA to "stop their rogue agents from harassing and raiding our medical marijuana dispensaries."

Rep. Polis also sent a formal letter to US Attorney General Eric Holder, asking about a DEA agent's comments that the DEA will "arrest everybody." Rep. Polis asked whether this is in fact U.S. policy.

Please email U.S. Attorney General Eric Holder today.  Tell the Attorney General that you agree with Rep. Polis.  Tell the Attorney General that you want him to end all DEA medical marijuana raids, once and for all.

Click here to take action:

http://www.americansforsafeaccess.org/iagree

Thanks -

Sanjeev, ASA Field Director

Americans for Safe Access

Please support ASA!

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How Many Cops Does it Take to Bust a Marijuana User?

Via Radley Balko, here's a perfect example of routine policing in the war on drugs. If it sounds supremely pathetic, that's because it is:

Another tip from a watchful citizen early Tuesday morning brought the Greensburg Police Department closer to exterminating the drug problem in the city.

The caller advised that there was suspicious activity, strange noises and unusual odors coming from the apartment. When GPD officers arrived, the strange smell was identified as "burnt marijuana," Chief Heaton reported.

After identifying the apartment that was emitting the odors, the GPD attempted to make contact. But inside the apartment, no one answered.

Working quickly to establish probable cause, the officers sought to obtain a search warrant from the office of the Decatur County Prosecutor.

In the interim period before the warrant was granted, the GPD kept a secure perimeter around the residence, making sure that no one went in or out of the apartment, Chief Heaton explained.

"It definitely tied up our units (for about two hours)," Heaton said.

The search warrant was secured and served at 1:23 a.m. Tuesday. Upon gaining entry to the apartment, the police found marijuana and proof of marijuana consumption and the five suspects were arrested. [Greensburg Daily News]

What a horrible place Greenburg, IN must be if the police have nothing better to do than this and the newspaper has nothing better to do than report every agonizing detail of it. The whole thing is so impressively lame, I can hardly believe I'm reading it. Good luck "exterminating the drug problem" in Indiana's most boring city.

For the record: State Department Report, NYC ODs drop, Guatemalan Top Cop & Head Narc Busted, Salvia Banned in Wisconsin

Even though there was no Chronicle last week--due to your editor's death-battle with a vicious Mexican bug; I only returned to the land of the living on Friday--things continued to happen anyway. Here are a handful of items that would have been in the Chronicle had there been one last week:

On Monday, the State Department released its annual state on the world on drugs report. The report, called the 2010 International Narcotics Control Strategy, was going to be the subject of a feature story last week before I got sick. I may still go with it this coming week.

Also on Monday, the New York City Health Department reported overdose deaths fell in 2008 to the lowest level since 1999. OD fatalities fell from 874 in 2006 to 666 in 2008. Increased use of naloxane, an opioid agonist used to undo overdoses may get some of the credit.

On Tuesday, Guatemala's national police chief and its head narc were arrested for links to drug traffickers and for the murders of five policemen. Police Chief Batlazar Gomez and anti-drug head Nelly Bonilla were arrested during an "investigation into a drug robbery (in April 2009) in Amatitlan, which those detained today are believed to have participated in", said Attorney General Amilcar Velasquez. Five police officers were killed during the robbery. The pair currently face charges of conspiracy, breaking and entering, abuse of power, making illegal arrests, drug trafficking, obstruction of justice, illegal possession of firearms and ammunition.

On Thursday, Wisconsin Gov. Jim Doyle signed into law a bill banning salvia divinorum. That makes Wisconsin the 19th state to move against Sally D. A few states have limited its sale to adults, but most of those states have simply banned salvia. The Wisconsin bill, AB 186, bans the manufacture, distribution, or sales of salvia—although not its possession—and backs it up with a $10,000 fine.

I'm back at it now, and that means the Chronicle will be back on Friday. In the meantime, I'll most likely post a story or two in the blog just to see if you're paying attention.

New Reports Find Trend in Reform Policies, Prison Downsizing

To view this email as a web page, go here. To ensure future delivery of emails, please add staff@sentencingproject.org to your safe sender list or address book.

Announcement

Sentencing Project


The Sentencing project releases two new reports

fiscal crisis and record incarceration spur trend in prison downsizing

·         4 states - KS, MI, NJ, NY - reduced prison populations by 5-20% since 1999

·         At least 19 states adopted policies in 2009 that promote prison population reductions through sentencing, probation and parole reforms, and reexamining effective public safety

As states grapple with the fiscal crisis and confront costly and overburdened criminal justice systems, two reports released today by The Sentencing Project offer roadmaps to successful prison downsizing that maintain public safety. The reports document a growing trend to reform sentencing policies and scale back the use of imprisonment in order to control spending. 

"Downscaling Prisons: Lessons from Four States," released by Justice Strategies and The Sentencing Project, finds that four states - Kansas, Michigan, New Jersey, and New York - have reduced their prison populations by 5-20% since 1999 without any increases in crime. This came about at a time when the national prison population increased by 12%; and in six states it increased by more than 40%.  The reductions were achieved through a mix of legislative reforms and changes in practice by corrections and parole agencies. The reforms included:

·         Kansas - Changed sentencing guidelines to divert lower-level drug cases to treatment rather than incarceration; Expanded supportive services to people on parole supervision.

·         Michigan - Eliminated most mandatory minimum sentences for drug offenses; enacted statewide initiative to reduce parole revocations and enhance employment, housing, and treatment services for people leaving prison.

·         New Jersey - Increased parole releases by adopting risk assessment instruments and utilizing day reporting centers and electronic monitoring.

·         New York - Scaled back harsh drug penalties, established Drug Treatment Alternative to Prison programs, and applied "merit time" credits to speed up parole consideration.

Other states have joined this trend, and 2009 proved to be a high mark for such reforms.  The Sentencing Project's report, "The State of Sentencing 2009: Developments in Policy and Practice," by Nicole D. Porter, highlights reforms in at least 19 states that hold the potential of further prison population reductions. Key among these reforms are:

·         Three states - Minnesota, New York, and Rhode Island - significantly scaled back the scope of mandatory sentencing laws for certain drug offenses.

·         Seven states increased the proportion of "good time" credits to be earned in prison to expedite parole eligibility.

·         Four states Arkansas, Illinois, Nebraska and New Jersey - established oversight committees to examine sentencing policies, prison overcrowding and reentry services.

Figures recently released by the U.S. Bureau of Justice Statistics document a record prison and jail population of 2.3 million as of 2008, but also indicate that the population in state prisons is stabilizing.  Overall, 20 states achieved at least modest reductions in their prison populations between 2007 and 2008.

Access the reports at www.sentencingproject.org or click the links below:

"Downscaling Prisons: Lessons from Four States"

"The State of Sentencing 2009: Developments in Policy and Practice"

 

The Sentencing Project | 514 Tenth Street, NW | Suite 1000
Washington, DC 20004 | 202.628.0871 |
Send an email to The Sentencing Project.

The Sentencing Project is a national organization working for a fair and effective criminal justice system by promoting reforms in sentencing law and practice, and alternatives to incarceration.

ENCOD Statement to the Malaysian government

Brussels, 4 March 2010
To: Yang Amat Berhormat Dato’ Sri Mohd Najib Bin Tun Abdul Razak
Prime Minister of Malaysia

Dear Excellency,

Today we write to you as European citizens concerned with the impact of global drug policies, with an urgent request. We believe the death sentence that is applied to drug law offenders in Malaysia is an inappropriate measure, and would like to offer you our collaboration in identifying better solutions to the drug problems in your country.

With certain regularity, reports appear in the Malaysian press on people being sentenced to death for the possession of illegal drugs, including cannabis. The exact number of those who are actually brought to death remains unknown. Human rights organisations estimate that currently some 300 convicted prisoners await execution on death row, most of them for drug-related offences.

These sentences clearly violate international standards for a fair trial. The presumption of guilt and the mandatory death sentence in drug cases places the charge on the accused to prove his or her innocence and leaves a judge with no discretion over the sentence. Competent legal assistance is unavailable to many of those people, leaving them with little capacity to mount a defence at any stage of the proceedings.

UN human rights bodies have concluded that drug offences fail to meet the condition of “most serious crime”, under which the death penalty is allowed as an “exceptional measure”.

We are aware of the argument that drugs cause problems in Malaysian society. However, we doubt that these problems will be solved by harsh punishments, let alone executions of drug offenders.

Malaysia, like any other country in the world, is not and never will be 100 % drug-free. As long as people in Malaysia want to consume drugs, other people will continue to supply them.

Because of the fact that drugs are prohibited, drug trafficking is the core business of criminal organizations that in most cases operate internationally. The people who are occasionally caught by authorities with relatively small amounts do not have major responsibilities in this business. Killing them will not scare the drug gangs away. On the contrary: thanks to these harsh punishments, the leaders in the drug business can continue to justify extraordinary high prices for their goods,. Thus it maintains a vicious circle of violence and danger.

On the other hand, it is important to make a serious assessment of the problems that drugs may or may not cause. Cannabis for instance is a plant, a natural product, a non-lethal substance. Its consumption has been widespread around the world for thousands of years among many different cultures and people. All these people do not use cannabis because it endangers their health or wellbeing, but rather because they experience the opposite. According to increasing amounts of scientific evidence, the so-called dangerousness of cannabis has been largely exaggerated and driven by moral in stead of rational considerations.

The prohibition of cannabis was installed and promoted worldwide by Western countries, especially the USA, during a period in which they dominated the world. Meanwhile, in most European countries, cannabis possession for personal consumption is not penalised anymore. In a growing number of states in the USA, major law changes are taking place that legally regulate the cultivation and distribution of cannabis to adults for medicinal purposes.

It would be extremely sad to see Malaysia continue executing people found in possession of cannabis, while the countries that have installed its prohibition have come to the insight that this is a useful substance whose consumption can be perfectly integrated in society.

In Europe, during the past decades, we have been able to compare the results of different, sometimes opposing drug policies in societies that are similar in demographical, material and socio-cultural development. The conclusion is that drug policies, whether they are repressive or flexible, have a very minor impact on the drug phenomenon itself. In countries where authorities are relatively tolerant, the use of drugs may be lower than in neighboring countries where policies are more repressive.

Another conclusion is that drugs-related harms can only be reduced by effective social and health policies. Innovative strategies for reaching out to the affected population and reducing the harms related to drug use are needed. The harsh implementation of drug law enforcement is an impediment to the introduction of these strategies.

For these reasons, we are convinced that the death penalty is actually counterproductive to efforts to reduce the harm caused by drugs.

We call upon your wisdom to apply principles of sound governance and let Malaysia join the majority of nations by declaring a moratorium on executions with a view to total abolition of all death sentences for drug offenses, as called for by the United Nations.

We offer you our kind co-operation in transmitting knowledge and experience of public health policies that have proven effective in addressing drug-related problems.

Sincerely yours,

Marisa Felicissimo, Fredrick Polak, Jorge Roque and Antonio Escobar
Members of the Steering Committee of the European Coalition for Just and Effective Drug Policies

DEA Marijuana Seizures Nearly Double As Marijuana Production in Mexico Grows by 35%

FOR IMMEDIATE RELEASE                                                                                                     

March 3, 2010

DEA Marijuana Seizures Nearly Double As Marijuana Production in Mexico Grows by 35%

Officials continue to waste money on futile attempts to stem production and violence, ignoring the only solution: a regulated marijuana market

CONTACT: Aaron Houston, MPP director of government relations …… 202-905-2009 or ahouston@mpp.org

WASHINGTON, D.C. — The total amount of marijuana seized by the Drug Enforcement Administration nearly doubled from 1,539 metric tons in 2008 to 2,980 metric tons in 2009, according to numbers disclosed by the DEA as part of their budget request for 2011.

         Meanwhile, the cultivation of marijuana in Mexico rose 35% in 2009 to nearly 30,000 acres, according to a report released by the U.S. State Department. The report also revealed that between $8 and $25 billion in drug profits were laundered by Mexican drug lords during the same period.

         “When is the United States government going to realize that they will never eliminate the demand for marijuana, but they can regulate its production?” said Aaron Houston, MPP director of government relations. “These latest numbers confirm that the only thing an increase in the amount of marijuana seizures by the DEA will do is force more marijuana to be grown by gangs in Mexico, lining the pockets of drug cartels, and further fueling the bloodshed along our border and in our respective countries. The only real solution to this crisis is to tax and regulate marijuana.”

         These latest figures come just days after high-ranking officials from the U.S. and Mexico concluded a three-day conference meant to outline ways the two nations could reduce the illicit drug-trade-associated violence that continues to plague the U.S.-Mexican border. Unfortunately, the obvious and sensible strategy of taxing and regulating marijuana was not mentioned. The Obama administration instead opted to throw more money at the problem in the form of a $1.4 billion aid package to combat Mexican drug cartels. The Obama administration is also seeking $310 million in its 2011 budget for drug enforcement aid to Mexico. 

         With more than 124,000 members and supporters nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit mpp.org.

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Former Cop Says Mayor Calvo Should Stop Complaining About the Killing of His Dogs

Check out this letter in The Baltimore Sun from an ex-cop who's pissed off about Cheye Calvo's efforts to monitor the use of SWAT teams. The writer apparently thinks police should be free to use as much violence as they choose without having to explain themselves to angry innocent citizens whose pets they kill.

Radley Balko picks the whole thing apart masterfully, resulting in a rather useful point-by-point refutation of all the most common defenses of constantly using SWAT teams for everything. There isn’t much else to say except that it still amazes me that anyone would dare condemn Calvo's advocacy. Guess what, if cops bust into an innocent family's home and kill their dogs, they're going to be extremely displeased.

Everything that happened here is the fault of bad laws, bad procedures and bad cops. None of this is Cheye Calvo's fault, and any suggestion that he's overreacting is plainly ridiculous. You can't overreact to police coming into your home and shooting your pets! It's a really big deal. This wasn't a random accident that everyone can just put behind them. There is no such thing as an acceptable number of dog killings in the homes of innocent marijuana suspects. Things like that should never happen at all, and if they do, it should be discussed constantly until every contributing factor is identified and every responsible party is held accountable.

Thanks to the Drug War, Innocent People Fear Police

When a mysterious package of marijuana arrived at the home of Berwyn Heights Mayor Cheye Calvo, police arrived moments later and murdered his dogs in a horrible botched drug raid. He was completely innocent, and now other innocent people who receive suspicious packages have to worry about being victimized by law-enforcement:

Sloan and Anderson have a German shepherd named Cheyenne. Sloan said the Berwyn Heights fiasco sprang to her mind the instant her husband told her about the coffee grounds.

"Before he even looked in to see what kind of drugs they were, I called 911," she said. "I told them exactly what was going on. I'm like, I don't want them coming through my door with guns drawn, because I love my dog." [Washington Post]

It's just so tragic that anyone would even have to worry about such a thing. Every single element of this problem is a symptom of prohibition, from the smuggling technique of intercepting packages at random addresses all the way up to the violent raids and dog killings that occur when police crash into private homes with big guns and no proof of guilt. It's a dreadful situation and no one is safe from it.

For more on the horrors of paramilitary policing, here's an interesting piece from Radley Balko and some disturbing news from Pete Guither.

Which is More Dangerous: Marijuana or Machine Guns?

Via The Agitator, here's another vexing example of the inherent hypocrisy of performing heavily armed SWAT raids in the name of protecting the public:

Police arrested Jonathan E. Whitworth, 25, of 1501 Kinloch Court on Feb. 11 on suspicion of possession of drug paraphernalia, possession of marijuana and second-degree child endangerment.

SWAT members encountered a pit bull upon entry, held back and then fatally shot the dog, which officers said was acting in an uncontrollably aggressive manner.

Whitworth was arrested, and his wife and 7-year-old son were present during the SWAT raid, Haden said. A second dog, which Whitworth’s attorney Jeff Hilbrenner described as a corgi, also was shot but was not killed. [Columbia Tribune]

So this guy is charged with child endangerment for possessing a misdemeanor amount of marijuana, yet police are free to enter private homes and shoot the family pets right in front of innocent children. It seems the only thing dangerous about a small bag of weed is that police might get the mistaken idea that you're a major supplier and raid your home with guns blazing.

As safe as marijuana is, it would be a hell of a lot safer if the cops didn't do these kinds of things.

Safe Streets Arts Foundation: Our Director to perform at ACLU awards dinner

Can't wait for our director Dennis Sobin to perform his classical-jazz guitar music again at the Kennedy Center? Got $150 to spend on a very worthwhile cause (ACLU awards dinner) at Washington's prestigious Omni Shoreham Hotel on March 18?

 

As many fans of our director's classical and jazz guitar playing know, when he is not engaged in his regular performances at the Kennedy Center, he appears at colleges, festivals and (his favorite) nonprofit fundraisers. Coming up on his busy early spring performance schedule is the annual Nation's Capital ACLU Bill of Rights Awards Dinner on March 18, 2010, 6:30 pm at the Omni Shoreham in Washington, DC. Presenting the awards this year is Gregory B. Craig, President Obama's first White Counsel Counsel. Mr. Craig led the Administration's effort to close the Guantanamo Bay Detention Camp and fought for President Obama's "civil liberties campaign" to correct many of President Bush's harsh policies.

For more information about the ACLU awards dinner, please click here. For free listening/downloads of Dennis Sobin's ten guitar music CDs, please click here. Thank you.

 

 
All art on this page created by imprisoned artists and available at our Prison Art Gallery or online at http://prisonsfoundation.org/art.htmt

 

"The Safe Streets Arts Foundation, incorporating both the Prisons Foundation and the Victims Foundation, is proud to sponsor the annual From-Prison-to-The-Stage Show at the Kennedy Center and the Prison Art Gallery at 1600 K Street. NW, Suite 501, Washington, DC, three blocks from the White House."

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Latin America: Mexico Drug War Update

by Bernd Debusmann, Jr.

Mexican drug trafficking organizations make billions each year trafficking illegal 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 over 17,000 people, with a death toll of nearly 8,000 in 2009 and over 1,000 so far in 2010. The increasing militarization of the drug war and the arrest of several 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:

Monday, February 22

A high-ranking member of the Sinaloa Cartel was captured by federal police in his hometown of Santa Ana, Sonora. Jose Vasquez Villagrana, 40, is a former member of the US Army, in which he served for a year in 1990 before deserting to Mexico once he had obtained US citizenship. He is accused of overseeing the importation of Colombian cocaine to Mexico via Panama and other Central American countries. Once in Mexico, the cocaine was stored at his ranch before being smuggled into the United States.

Tuesday, February 23

Two people were killed in firefights between police and suspected drug traffickers in the state of Coahuila. Seven people were reported wounded in the fighting, which took place in the cities of Piedras Negras, La Laguna and Torreon. The violence began when police attempted to pull over a pickup truck in Piedras Negras, only to be fired at by automatic weapons. One of the gunmen was killed, while a second escaped. Four others were wounded in the shooting. Upon searching the truck, police found several weapons, including AK-47's, AR-15's, fragmentation grenades and a .50 caliber "Barrett" sniper rifle. In another incident, police shot dead a suspected drug-trafficker and wounded two others in La Laguna.

The mayor of the town of Mezquital, Durango was gunned down as he dined in a restaurant in the state capital of Durango. In Navolato, Sinaloa, a municipal police official was shot dead. Several minutes after his killing, gunmen returned to open fire on police and army personnel who had arrived at the scene to gather evidence. None were killed.

Additionally, in the coastal town of Bella Vista, two executed bodies were found lying on the beach. Two men were murdered in Culiacan, two others in Mazatlan, and another body was found in Navolato. During the same time period, eight people were killed in violence across the city. In one incident, gunmen forced the patrons of a business in the La Presa neighborhood to lay down before picking out their three targets, who were then shot. Also in Tijuana, police discovered a shipment of 5,000 unidentified "psychotropic pills" which had arrived on a flight from Guadalajara.

Wednesday, February 24

In Oaxaca, gunmen attacked a rural town, leaving 13 people dead. The attack, which took place in the small town of San Vicente Camalote, was carried out by an unknown number of masked men traveling in several vehicles. The attack began when 9 policemen were killed after the gunmen attacked their checkpoint. The gunmen then stormed a ranch, killing its owner and three of his sons. Although the exact motive is unclear, authorities believe the killings were related to the drug trade.

In other news, the US consulate in Monterrey advised American citizens to avoid travel to the states of Chihuahua, Durango, and Nuevo Leon, and the city of Reynosa, Tamaulipas, which borders Texas. Authorities in Tamaulipas fought gun battles against suspected cartel members in several cities, leaving at least 19 dead, including one police officer. Additionally, in the state of Guerrero, authorities discovered two severed arms and a threatening note inside a cooler, having being led to it by an anonymous tip.

In Sinaloa, a Mexican Air Force helicopter came under fire while searching for marijuana and poppy fields in a remote area. A 48-year pilot was wounded by the gunfire, and had to be taken to a hospital in the town of Los Mochis. No further details on the incident are available.

In the city of Chihuahua, gunmen shot a police official at the entrance to a primary school, in front of dozens of children who were present. The officer was dropping off his son at the school.

In Mexico City, two bodies were found in the trunk of an SUV parked in the upscale neighborhood of Bosques de las Lomas. One of the dead was male and one female. Their identities are unclear. Police also removed a mysterious package from the vehicle to be further inspected.

Total Body Count for the Week: 137

Total Body Count for the Year: 1,401

Total Body Count for 2009: 7,724

Total Body Count since Calderon took office: 17,606

Read the last Mexico Drug War Update here.

Law Enforcement: This Week's Corrupt Cops Stories

A pill-peddling cop, a court officer fudging drug tests in return for pills, and, of course, the requisite crooked jailers -- just another week in the drug war. Let's get to it:

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