America’s Drug Czar: Programmed To Oppose Popular Drug Policy Reforms

Predictably. Reflexively. Mandated by law.

Yawn….

So the current U.S. drug czar, Gil Kerlikowske*, in true Pavlovian style, reacted negatively to the umpteenth commission report issued last week opining that 1) the war on some drugs has totally failed to achieve any of its stated goals, 2) policy reforms based on public health–not arrest and incarcerate–models are most effective, 3) the war on some drugs wastes preciously needed tax dollars, military expenditures, destabilize international borders and cause havoc in the banking and financial industries and 4) that legalization should readily be on the table, notably legalizing cannabis.

As if a bell rang, the U.S. drug czar’s office dutifully rolled out a brief and defensive commentary published in The Hill (a virtually DC-only publication for inside-the- beltway-types) that touches upon the Obama administration’s only-slightly-different-from-previous-drug czars’-approach-to-maintaining-the-status quo…

*Mr. Kerlikowske is likely going to be resigning soon as drug czar (which is understandable as it is one of the most thankless bureaucratic positions in Washington, D.C. as a job with a prescription for failure) to become the next police chief of Chicago…

Drug policies must be rooted in science
By Gil Kerlikowske
06/06/11

Last week, the Global Commission on Drug Policy issued a report calling for the decriminalization of illicit drugs based on the notion that global efforts to reduce drug use have been a failure. Certainly, given the stature of the Commission and the long-term challenge of drug policies both nationally and internationally, the Commission’s message may appear compelling at first. But there are serious flaws with both the report’s conclusion and its proposed remedy.

We agree with the Commission that balanced drug control efforts are necessary, which is why this administration’s National Drug Control Policy is a marked departure from past strategies. We support diverting non-violent offenders into treatment instead of jail by encouraging alternatives to incarceration. And as a former police chief, I and my colleagues know that we cannot arrest our way out of the drug problem. As I’ve often stated before, drug use should be addressed as a public health problem because we know drug addiction is a disease that can be successfully prevented and treated. Legalizing illicit drugs increase drug use and the need for drug treatment, while also making it more difficult to keep our communities healthy and safe.

Our National Drug Control Strategy is science-based. And science shows that illegal drug use is associated with specialty treatment admissions, fatal drugged driving accidents, mental illness, and emergency room admissions. Illicit drug use has huge costs to our society, outside of just criminal justice costs.

A recent report by the Department of Justice’s National Drug Intelligence Center about the economic impact of illicit drug use indicates that the costs of illicit drug use on health care and productivity alone, are over $80 billion. Making illicit drugs legal would not reduce any of these factors. Nor is drug use a victimless crime. Just last month, during a visit to the Pediatric Interim Care Center in Kent, Washington, I saw firsthand the tragic impact drug use has on newborn babies. (more…)

Connecticut: Lawmakers Vote To Decriminalize Adult Marijuana Possession

Connecticut lawmakers moments ago voted 90 to 57 in favor of Senate Bill 1014, decriminalizing the possession of small amounts of cannabis for personal use by adults. Senate lawmakers had narrowly approved an amended version of the measure on Saturday; House lawmakers concurred with the Senate today, sending the measure to Democrat Gov. Dannel Malloy — who will sign it into law.

As amended, SB 1014 reduces the penalties for the adult possession of up to one-half ounce of marijuana from a criminal misdemeanor (punishable by one year in jail and a $1,000 fine) to a non-criminal infraction, punishable by a fine, no jail time, and no criminal record. (This measure would similarly reduce penalties on the possession of marijuana paraphernalia.)

Once signed into law, Connecticut will become the fourteenth state to replace criminal sanctions and arrest for minor marijuana possession with largely non-criminal sanctions. (Seven states pose no criminal sanctions for cannabis possession; six states have eliminated the potential for jail terms for first offenses, but still classify the offense as a misdemeanor or minor misdemeanor.)

Connecticut is only the second state to enact decriminalization legislatively in the past decade. (Massachusetts enacted a similar law via ballot initiative in 2009.)

NORML supporters, and Connecticut NORML’s regional organizer and state lobbyist Erik Williams, played a significant role in sheparding this legislation through the State House — generating thousands of phone calls and e-mails to lawmakers at a time when political experts were alleging that the measure lacked the political will for passage. Below is a message from Erik Williams:

Dear CT NORML Friends and Supporters,

We did it! Moments ago, the Connecticut House of Representatives passed SB 1014, Decriminalizing Small Amounts of Marijuana. The Governor has pledged to sign the bill into law.

Thank you for all of your hard work in making this a reality. Connecticut has taken a first step in addressing the outdated and unworkable War on Drugs, which costs taxpayers $billions every year and ruins individual lives and devastates communities.

While this is clearly a victory for CT NORML and the State of Connecticut, it is bittersweet as the Medical Marijuana bill has yet to be brought for a vote in the Senate. If it were to be brought for a vote, it would easily pass with both Republicans and Democrats supporting the measure. I pledge right now to all of you who have fought so hard with me for the legalization of medical marijuana that I will not give up until nobody stands in the way of you and your doctor making medical decisions. I will not give up until compassion is the main driver of public policy replacing political posturing, demagoguery and fear. I will not stop working until medical marijuana is legalized and I ask you to continue to fight by my side.

Connecticut’s legislative session ends tomorrow, but there is still time to act in favor of medical cannabis. If you live in Connecticut, please contact the office of Sen. Don Williams, President Pro Tempore, and urge him to allow the 2011 medical marijuana bill to receive a floor vote. You can also contact your own individual Senator via NORML’s ‘Take Action Center’ here.

Florida Governor Rick Scott To The State’s Poor: I Want Your Urine!

By Kellen Russoniello, George Washington Law School student, NORML legal intern

Update: June 19, 2011…Florida Governor Scott Backs Down, Suspends His Executive Order For A Massive State Drug Testing Scheme

On May 31, 2011, unpopular Florida Governor Rick Scott signed a bill that mandates all those seeking public assistance through the Temporary Assistance for Needy Families (commonly known as welfare) to pass a drug screen. Those that fail the test will not be eligible for benefits for one year. The law will become effective on July 1.

Furthermore, the law requires those seeking assistance to pay for the cost of the screening. The expense can be recovered if the applicant qualifies for benefits. If you fail the test though, tough luck: your money belongs to the state. Those who are denied may designate another person to receive the benefits on behalf of their children, but they must also pass a drug test.

In justifying his signature, Governor Scott stated that it is “unfair for Florida taxpayers to subsidize drug addiction.” So instead of supporting effective treatment and prevention, the law will implement a costly and ineffective means to try and deter drug use. Not to mention the law is most likely completely unconstitutional.

A Michigan law similar to this one was struck down in 2000 and affirmed in 2003 by the 6th Circuit. Michigan lawmakers had enacted a law allowing for suspicion-less searches of welfare recipients. A class action lawsuit was brought by applicants alleging that these drug tests violated the Fourth Amendment. The applicants won.

Although the Supreme Court has recognized certain situations in which a suspicion-less drug test is allowed (including testing railroad employees, customs agents whose line of work causes them to be directly involved with drug interdiction, and high school athletes and other students involved in extracurricular activities), the testing under the Florida law does not seem to further a special need of the government which outweighs the privacy interest of the individual. In order to demonstrate this special need, the state generally must show that public safety is in jeopardy. The Michigan government made the argument that drug use put children at the risk of abuse and neglect, but this argument was rejected by the district court. (It could be argued that the denial of benefits is more detrimental to public safety than not testing potential recipients). Testing welfare recipients for drug metabolites does nothing to further public safety, and therefore the government will most likely fail to meet the strict test set forth by the Supreme Court.

Those convicted of drug trafficking charges are already ineligible to receive welfare. Even if you can justify this by saying that they cause harm to communities, this new law places the focus on users. Legal challenges are expected and should come down in favor of the applicants, although with the Supreme Court’s recent Fourth Amendment jurisprudence, if the case were to rise that high there may be cause for concern.

*          *          *

Editor’s note: 1) Isn’t it interesting how elected politicians like Rick Scott (often with no legislative hearings at all) are so quick to want to control the living habits of poor citizens who receive state funding, but they never insist on drug testing requirements to issue state funding and grants to rich land developers, corporations, business executives, professional sports team owners or religious leaders–just the poor?

2) Looks like Governor Scott may have more than ideological reasons to push the state of Florida into using taxpayers’ money on massive drug testing programs for welfare recipients and state employees…as reported in the Palm Beach Post in March:

“Floridians deserve to know that those in public service, whose salaries are paid with taxpayer dollars, are part of a drug-free workplace,” Scott said in a statement. “Just as it is appropriate to screen those seeking taxpayer assistance, it is also appropriate to screen government employees.”

Until last week, Scott’s communications office in Tallahassee had ignored repeated requests for comment on the potential for a conflict of interest. On Friday, as national media began to call as well, the office issued this response:

Any perception that the governor’s business interests pose a conflict of interest with his health policies are “baseless and incorrect,” said Scott’s deputy communications director, Brian Hughes.

Privately, one Scott official acknowledged that every time the governor discusses health policy, his urgent care business would be “the elephant in the room.”

Shortly before he was inaugurated, Scott’s lawyers met with attorneys at the Florida Commission on Ethics. Subsequently, they moved his Solantic holdings into a revocable trust in his wife’s name, making her the controlling investor in the privately held company. No public records were created from the ethics meeting.

During the election campaign, he had estimated the worth of his Solantic holdings at $62 million. Jacksonville-based Solantic has 32 clinics statewide, including two in Palm Beach County, and plans rapid growth and an eventual initial public offering, according to company documents.

Suffolk University Law Professor Marc Rodwin, author of several books on conflicts of interest in medicine, said the movement of Scott’s ownership to his wife’s trust was insufficient to eliminate the ethical issues.

“He owned the company and transferred it into his wife’s name,” Rodwin said. “It’s a conflict of interest.”

Ask NORML: Viability of the Religious Use Defense

A new installment of ‘Ask NORML’ is now streaming on NORMLtv. In this episode, listen to founder and legal counsel, Keith Stroup, discuss the viability of using the religious use argument as a defense in marijuana cases.

Subscribe to NORMLtv and visit NORML’s Facebook page for announcements regarding future ‘Ask NORML’ episodes. Stay tuned later this week to hear Keith discuss other popular defense strategies, including the constitutionality argument and right to privacy.

Get active; get NORML!

You can now follow NORMLtv on Twitter for up to the minute alerts on new content and community engagement.

NORML’s Weekly Legislative Round Up — Vermont Approves Dispensaries, Connecticut One Vote Away From Decriminalization

Connecticut: Immediate action is needed in the Nutmeg State. Members of the state Senate on Saturday narrowly approved legislation so that the adult possession of marijuana is reduced from a misdemeanor (punishable by one year in jail and a $1,000 fine) to an infraction, punishable by a fine, no jail time, and no criminal record. This measure would similarly reduce penalties on the possession of marijuana paraphernalia. Your efforts have truly made a different in this battle, as the bill passed by a single vote — and only weeks earlier political pundits were calling the chances of this bill’s success to be slim and none.

But we still have a tremendous amount of work before us. Senate Bill 1014 must still be approved by the House Floor by this coming Wednesday!  Whether the floor will take the time to act on it will be decided by House Speaker Chris Donovan (D-Meriden). Please take a moment to contact him directly, leaving a polite message for his staff urging him to schedule a floor vote for SB 1014. You can also contact your own individual House Representative via NORML’s ‘Take Action Center’ here.

Separate legislation to approve the limited use of medical cannabis also awaits Senate floor action. Please contact the office of Sen. Don Williams, President Pro Tempore, and urge him to allow the 2011 medical marijuana bill to receive a floor vote. You can also contact your own individual Senator via NORML’s ‘Take Action Center’ here.

Additional information regarding this effort is available by contacting: Erik A. Williams, Executive Director, CT NORML, ewilliams@campaignswon.com, 860.805.3243.

Vermont: Democrat Gov. Peter Shumlin last week signed legislation into law allowing state-licensed facilities to dispense marijuana to medically authorized patients. Each dispensary will be licensed by the state Department of Public Safety and would be permitted to serve up to 1,000 registered patients. The Department is in the process of developing rules to carry out the new law. To date, only the states of Colorado, Maine, and New Mexico have state-licensed medical marijuana facilities up and running. Regulators in New Jersey and Rhode Island have selected applicants to operate similar state-licensed dispensaries, but neither state has allowed those applicants to open their planned facilities. Additionally, permits for licensed medical marijuana businesses are expected to be issued soon Delaware and in the District of Columbia.

California: Members of the state Assembly last week narrowly rejected AB 1017, which sought to reduce criminal penalties for marijuana cultivation from a felony to an alternative misdemeanor. “The state legislature has once again demonstrated its incompetence when it comes to dealing with prison crowding,” commented California NORML Director Dale Gieringer, which backed the bill. “With California under court order to reduce its prison population, it is irresponsible to maintain present penalties for non-violent drug offenses. It makes no sense to keep marijuana growing a felony, when assault, battery, and petty theft are all misdemeanors. Legislators have once again caved in to to the state’s law enforcement establishment, which has a vested professional interest in maximizing drug crime.”

Separate legislation, SB 129, which seeks to make it illegal for employers to discriminate against qualified medical cannabis patients in the workplace, has been held over to 2012.

Global Commission Declares War on Drugs a Failure

By Kellen Russoniello, George Washington Law School student, NORML legal intern

In the first sentence of a new report, current and former world leaders agree that “[t]he global war on drugs has failed.” They then call for drastic reform in both national and global drug policy. As the report recognizes, the current regime is a criminal justice and public health nightmare.

Released on June 2, 2011 by The Global Commission on Drug Policy, the report details the need for a new approach in drug policy. The Commission is comprised of nineteen current and former high-ranking policymakers from around the world, as well as experts in the field. Included in this committee are former presidents of Colombia, Mexico, Brazil, and Switzerland, the current prime minister of Greece, former UN High Commissioners, and a former US Secretary of State.

The report lays out four core principles that should be the guideposts for developing national and international drug policies: Basing policy on scientific evidence; basing policy on human rights and public health principles; developing and implementing a globally shared drug policy that recognizes diverse political, social, and cultural realities; and pursuing drug policy through comprehensive means including both law enforcement and the citizenry.

Additionally, the Commission outlines eleven recommendations for developing a more rational drug policy. These include removing criminal penalties for drug use and developing effective treatment, prevention, and harm reduction programs.

Especially notable for NORML supporters is the Commission’s call for governments to experiment with the legal regulation of cannabis in order to cut down on violent organized crime and provide safety and security to citizens. The taxation and regulation of illegal drugs “is a policy option that should be explored with the same amount of rigor as any other.” The report also calls for examination of the scheduling system and the placement of cannabis in that system.

The other recommendations are designed to eliminate the dogma of current drug policy and the stigma on current drug users and sellers. Ultimately, the Commission recognizes the following:

[F]or every year we continue with the current approach, billions of dollars are wasted on ineffective programs, millions of citizens are sent to prison unnecessarily, millions more suffer from the drug dependence of loved ones who cannot access health and social care services, and hundreds of thousands of people die from preventable overdoses and diseases contracted through unsafe drug use.

For us, the points made in the report are not news: marijuana policy reformists have been making these arguments for almost three quarters of a century. But it is heartening to hear that such powerful figures in international policy are not only realizing the harm of prohibition, but openly speaking about that harm and calling for alternatives. Additionally, the report is getting massive news coverage. The Drug Policy Alliance reported that over 1,000 news stories about the Commission’s report have been published worldwide.

You can use this report to make a difference. Send a message to your legislators and urge them to read the report. Find your legislator here.
Also, check out Erik Altieri, Communications Coordinator for NORML, discussing the report in an interview with CBS-Pittsburgh.