Representative Steve Cohen (D-TN) has introduced federal legislation, House Resolution 4046, to remove legal restrictions prohibiting the Office of National Drug Control Policy from researching marijuana legalization. These restrictions also require the office to oppose any and all efforts to liberalize criminal laws associated with the plant.
“Not only is the ONDCP the only federal office required by law to oppose rescheduling marijuana even if it is proven to have medical benefits, but it is also prohibited from studying if that could be even be true,” said Congressman Cohen. “The ONDCP’s job should be to develop and recommend sane drug control policies, not be handcuffed or muzzled from telling the American people the truth. How can we trust what the Drug Czar says if the law already preordains its position? My bill would give the ONDCP the freedom to use science—not ideology—in its recommendations and give the American people a reason to trust what they are told.”
These restrictions were placed on the Office of National Drug Control Policy by the Reauthorization Act of 1998, which mandates the ODCP director “shall ensure that no Federal funds appropriated to the Office of National Drug Control Policy shall be expended for any study or contract relating to the legalization (for a medical use or any other use) of a substance listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812) and take such actions as necessary to oppose any attempt to legalize the use of a substance (in any form) that–
(A) is listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812); and
(B) has not been approved for use for medical purposes by the Food and Drug Administration;”
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On Thursday November 21, US law enforcement agents, along with local police officers raided 14 medical marijuana locations around Colorado (including dispensaries, grow warehouses and 2 private residences), making it one of the largest federal raids since the state’s medical marijuana laws went into effect. A search warrant identifies 10 target subjects, noting alleged violations to the latest DOJ memo dealing with state pot laws that contradict federal policy.
On August 29th, the Justice Department issued a memo to federal prosecutors indicating it wouldn’t interfere with legal marijuana businesses that are acting compliance with state law, so long as they strictly adhere to eight specific areas of concern such as preventing distribution to minors and cultivation on public lands. Jeff Dorschner, spokesman for the U.S. Department of Justice in Denver said that “there are strong indications that more than one of the eight federal prosecution priorities identified in the Department of Justice’s August guidance memo are potentially implicated.” Two of those violations appear to include trafficking marijuana outside of states where it has been legalized and money laundering. No arrests have been made in this case as of yet.
Many of the locations raided on Thursday had multiple marijuana-related businesses at a single address. According to the Denver Post, “Investigators believe the businesses that were raided are all “one big operation…[and that] those targeted in the raids had been actively purchasing area dispensaries and growhouses over a sustained period of time.”
Juan Guardarrama, One of the named targets, is known to have a criminal history with potential ties to Cuban and Colombian drug gangs, according to the Miami Herald. In 2012 Guardarrama, who is also referred to as “Tony Montana” from the Al Pacino movie “Scarface,” asked undercover police officers to transport his CO-grown marijuana to Florida and?to?”take out”?his?partner. He pleaded guilty earlier this year in Miami in a racketeering case.
This case clearly has a lot of moving parts, and more information is needed to understand the full scope of the situation. But, if evidence proves that there have been large-scale violations to any of the recent DOJ memo’s eight areas of concern, one can’t be surprised that the federal government would act in accordance to its own guidelines. As more information emerges, the public will get a better understanding of the story and the alleged players involved in this operation.
Washington, DC: I jumped into a cab Monday afternoon at the airport at the top of the hour, when the all-news radio station led with an almost hysterical-in-tone news flash of the Washington Post being sold to Amazon’s Jeff Bezos. While most of established Washington and media circles rightly buzz about this cataclysmic change in ownership…my mind has raced for nearly 48 hours thinking back to the PROFOUND influence the Washington Post has had in in maintaining cannabis prohibition—acting at times barely more than a government organ; a ‘rip-n-read’ anti-pot propaganda machine.
Call it professional pique, intellectual disgust or adopted hometown embarrassment after twenty-three years of reading Washington, DC’s ‘paper of record’ and the nation’s “premiere” political digests in regards to most everything having to do with cannabis:
Activism (one time the Washington Post compared 10,000 cannabis activists gathered in DC to protest prohibition laws to UFO enthusiasts…instead of listening to concerned citizens about a failed government policy like cannabis prohibition, the ‘activists’ The Post has largely focused on are faux activists that work for government agencies or their chosen grant recipients; CADCA, CASA, PDFA, PRIDE (which is now NFIA) and DARE*)
Science (The Post has almost exclusively relied upon federal anti-drug agencies like NIDA, SAMHSA and IOM for its cannabis-related information, who’re as bias against cannabis as NORML is for the herb)
Culture (movies, TV shows, songs, books, magazines, musical and comedic acts who dabbled in cannabis-related theming were generally panned and mocked as being culturally irrelevant)
Politics (pre-Marcus Brauchli, The Post’s editor from 2008-2012, the paper’s coverage of local, state, federal and international was decidedly statist and prohibitionist)
Economics (despite near ubiquity of opinion within economic circles that cannabis prohibition is an economic failure, The Post historically cast economists who identify such obvious failings as ‘libertarian’, as if this were a pejorative)
Race (skewed through the prism of upper-middle class African American editors and columnists from early 1980s until more recent years with their retirements, many of whom reached national prominence [Carl Rowan, Bill Raspberry and Colby King immediately come to mind], The Post cast cannabis as the precursor to most all things bad in the DC black community from heroin use in the 1970s, to cocaine in the 80s, to crack in the early 90s, to ecstasy in the late 90s….to gun violence, gang banging, teen pregnancy, underperforming schools, rap music, high rates of arrest and incarceration and broken families. So wanton to cast this narrative, The Post first won and then had to give back a Pulitzer prize for a writer making up a drug-addicted young boy in a totally fabricated narrative)
Opinion-making (from about 1977-2008 the Washington Post’s editorial board and the widely read ‘commentary’ section was mainstream media central’s feeding trough for some of the most institutionalized Reefer Madness imaginable. A steady diet of mindless, fact-challenged and intellectually dishonest op-eds could be counted on bi-weekly from wild-eyed anti-cannabis professionals like Joseph Califano, William Bennett, John Walters, Peter Bensinger, Robert DuPont and whoever the ‘drug czar’ du jour. Conversely, one of the most prolific and syndicated columnists of the last forty years, William F. Buckley, The Post rarely ran any one of the dozens of pro-cannabis law reform columns he penned, often critical of the men mentioned above for their words and deeds vis-à-vis their continued support for cannabis prohibition, but for no sane, logical reasons or well reasoned reasons. In the early 1990s NORML director Richard Cowan contacted then managing editor Robert Kaiser, a classmate of his from Yale, imploring the two men to meet and discuss The Post’s news and editorial coverage of cannabis. Mr. Kaiser, while responsive to the letters, was not at all inclined to meet with a group like NORML and didn’t think anything wrong with The Post’s coverage and choice of ‘experts’ to broadcast to the reading audience…)
*Conduit of government (…to Mr. Kaiser’s insistence to Mr. Cowan that The Post was objective re cannabis, it was not long after that I came to understand how bias The Post, under the Graham family, was to cannabis when they employed a respected essayist who leans libertarian in his writings named James Bovard to write a profile in 1994 on what was then the controversial DARE program, and more specifically on children who were encouraged and even taught by visiting DARE officers on how to turn their parents in for cannabis and other drug use. Many of these DARE cases were first vetted through NORML and forwarded to national and state media outlets, so Mr. Bovard had plenty of material fodder to cull through for his Post piece.
Apparently troubled by the tone and light cast on the DARE program in Mr. Bovard’s well written and compelling guest column, Post editors and lawyers intervened three days before publication without informing Bovard, sent the story to DARE lawyers to review, the column was then substantively edited and items added by Post editors that were not from Bovard’s original reportage, amazingly, some of the information was libelous in the minds of a family in Georgia mentioned, who filed a lawsuit against The Post.
I called the Washington Post and spoke to the legal counsel about the Post’s actions, and she informed me when I inquired with her whether or not from that point forward as a daily Washington Post reader should I believe that the words written by a columnist/guest writer are in fact their own, her reply was, in effect, ‘they might write them, but we print them, so, the answer to your question is “no”’. Believing her, from that point forward, I have never read The Post fully confident at all that I’m reading the writers’ work more than the viewpoints of the editors and owners.
Indeed, on the rare occasion, probably to lend to the appearance of being balanced, The Post would publish a pro-reform essay from Drug Policy Alliance’s Ethan Nadelmann, Harvard’s Lester Grinspoon or ACLU’s Ira Glasser; or their less read ‘Foreign’ section would occasionally publish a field report from a Post reporter about what they were witnessing in Amsterdam, for example.)
The big question:Does having an all-controlling family who largely hire statist editors and lawyers, with a former District of Columbia police officer in the ownership ranks, running the national capital’s major newspaper ceding the sale of the property to an apparently libertarian-leaning west coast, high tech billionaire located in a pro-cannabis city, in a state where the citizens have propelled the state to the vanguard of ending cannabis prohibition by voting last year to legalize the possession and sale of cannabis for adults have a MAJOR impact on the future and rapidity of cannabis law reforms in America—but maybe most importantly on Washington, D.C. and the federal government that created cannabis prohibition in 1937, has maintained it viciously and without remorse, ultimately the entity that can best end this nearly seventy-five year public policy, free market debacle?
The big answer: I dunno.
But, wow, I sure hope so.
Really, think about it. Amazon is the most innovative and largest retailer in the world. When cannabis prohibition ends, and technology securely and safely delivers adult commerce directly to the consumer, what other company (and their much smaller product providers) better stands to benefit from the billions of dollars annually from cannabis moving from being illegal to legal commerce? Who? Costco?? Starbucks? Hmmm…they’re also Washington State-based companies.
Of the many hundreds of thousands of items in NORML’s large archives about the history of cannabis prohibition, the day the Washington Post was sold from the Graham family to Jeffrey Bezos may indicate major epoch change in America’s intellectual and business society from one of enthusiastically embracing cannabis prohibition to possibly challenging its continued existence to profiting from the needed change in policy.
Talk about doing well at the same time as good! Something tells me that one day I’ll look forward to morning read of my Bezos-owned Washington Post–questioning failed government policies rather than being a lapdog for them–and probably enjoying some home-delivered Amazon cannabis too.
The nation’s so-called ‘drug czar’, Gil Kerlikowske, convened a press conference last week to release new government data on drug use in America. The major talking points for the presentation were two fold:
*Insist that cannabis is linked to crime
*The public sentiment in favor of legalization is an unfortunate attraction to ‘bumper sticker solutions’
One could write a doctoral thesis on Mr.Kerlikowske’s supposition and claims, but suffice for space and time, let’s let the now much more watchdog media on the issue of ending cannabis prohibition better describe what they’ve figured out about ONDCP propaganda, data and the intellectual crime of omission. (Boy, do I have a book recommendation for them…)
Slate reported on the ONDCP’s well established proclivity to throw out data and insinuate causality…using squishy terms like ‘linked’:
On Thursday, Gil Kerlikowske, the director of the Office of National Drug Control Policy, announced the results of a study that—at least according to him—demonstrated a link between marijuana use and crime. The study analyzed data collected via the Arrestee Drug Abuse Monitoring program (ADAM II), which took urine samples from arrestees in five cities over a 21-day period last year. “Marijuana remained the drug most often detected in ADAM II arrestees in all five sites in 2012, ranging from 37 percent of ADAM II arrestees testing positive in Atlanta to 58 percent testing positive in Chicago,” the study reported. “In three of the five sites, over half of the adult male arrestees tested positive for marijuana.”
Kerlikowske, who opposes marijuana legalization, said in a speech Thursday that the study showed that America needs to “acknowledge and come to grips with the link between crime and substance use.” But correlation is not causation. Just because a high percentage of arrestees tested positive for marijuana does not mean that smoking marijuana made them commit crimes. Here are other things that over half of the adult male arrestees probably had in common: pants, food in their stomachs, a mother who loves them, an impoverished background, an affinity for one or more of the local sports teams.
Now, Kerlikowske only said that drug use and crime were linked, not that drug use causescrime. But still, the implications are obvious. Kerlikowske is not a stupid man, and he’s not actually a terrible drug czar. He has argued that drug abuse needs to be treated as a public health issue, not just a matter of criminal justice, and I couldn’t agree more. In his speech, Kerlikowske mentioned the need to move the drug policy reform debate beyond “bumper stickers.” One good way to do that is to move beyond studies that don’t necessarily say anything at all.
Reason’s Mike Riggs (a prolific and resourceful blogger about criminal justice matters) took the ONDCP to task one step further by busting the office for omitting alcohol related data and not informing the public more accurately about the most problematic and abused drug for incoming criminal defendants: alcohol
The White House Office of National Drug Control Policy released a study last week that found the majority of arrestees in five metropolitan areas tested positive for marijuana at the time they were booked, and that many other arrestees tested positive for harder drugs. There was one drug missing from the report, however, and it appears it was omitted intentionally. That drug is alcohol.
When I wrote up the 2012 annual report on the Arrestee Drug Abuse Monitoring Program II, I noticed that the methodology section contained a list of “data domains”; basically, a guide to the questions researchers asked each arrestee. Every question listed had a corresponding chart in the findings section of the report, save one: The data that researchers collected about alcohol consumption–how often arrestees had consumed five or more alcoholic drinks in a single session over the last three, seven, and 30 days, as well as in the past 12 months–was omitted from the report.
The Obama Administration has released its National Drug Control Budget for the FY 2014 and despite their claims that “the war on drugs is over” and that they have “bigger fish to fry” the Office National Drug Control Policy is still prioritizing failed drug war tactics over prevention and treatment.
Prevention, in the form of education and outreach efforts, receives a paltry $1.4 billion dollars. While this is a 5% increase over the previous year’s budget, it is still a minuscule sum when you consider we are spending nine times more on arresting people than we are to educate them on risks of drug use and stop them from ending up in the criminal justice system in the first place. The budget calls for an additional 9.3 billion to be spent on treatment programs for those considered to have drug abuse issues (though $80 million of this funding goes to the drug court program, infamous for giving defendants the “choice” of serving time in rehab or spending time in a jail cell).
For all their rhetoric, this recent budget shows that little has changed in the federal government’s priorities when it comes to the War on Drugs. Funding is still disproportionately spent arresting people or diverting them into treatment programs after the fact, while only a small fraction (13%) of the overall drug budget is spent trying to fix the problem before it starts.
It is time for the Obama Administration’s policy to match its language on the issue of drug law reform. President Obama once promised that he would allow science and factual evidence to guide his administration on issues of public policy, but when it comes to marijuana laws, we are still waiting for him to deliver.
You can view the full text of the budget here.