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How Bigoted Pennsylvania Drug Warriors Turned This New York Man's Life into a Living Hell [FEATURE]

Thu, 12/14/2017 - 17:16

In June, 2014, Wilfredo Ramos was driving back to his Brooklyn home after visiting his mother in Lancaster, Pennsylvania when two Pennsylvania State Police troopers detoured him into a Kafkaesque nightmare from which he emerged only five months later.

[image:1 align:left caption:true]In the meantime, Ramos rotted in jail on bogus charges, losing his job, his car, and his apartment. Now, in a small gesture of redress, the State Police have agreed to pay Ramos $150,000 for his travails in a taxpayer-funded settlement, but the cops still admit no fault or liability.

According to the lawsuit that ended in the settlement, Ramos' nightmare began when he was pulled over by Troopers Justin Summa and Kevin Vanfleet on June 6, 2014. Neither trooper said why they stopped Ramos, and the suit alleged they were engaged in racial profiling because Ramos is Hispanic and was driving a car with New York plates.

Summa claimed he smelled alcohol, and Ramos replied that he had not been drinking. Summa then challenged Ramos, citing his ethnicity and place of residence. "We know you have drugs," Summa told him, "just tell us where they are." Ramos denied possessing any drugs.

Summa then administered a Breathalyzer test, which came back negative for alcohol, and ordered Ramos to perform field sobriety tests, which he completed without any problem. The encounter should have ended at that point, with Ramos being thanked for his cooperation and sent on his way, since there was no evidence he had committed any crime.

But that's not what happened. Instead, although Ramos had cleared all the tests and although they lacked probable cause, Troopers Summa and Vanfleet arrested Ramos for driving under the influence, giving them a pretext to search his vehicle in their quest to make a drug bust. Their search turned up nothing.

The troopers then took Ramos to state police headquarters where they administered yet another Breathalyzer test, which they described as "inconclusive." The next stop was the Lehigh County DUI center, where Ramos consented to have his blood drawn to be tested.

According to the lawsuit, typical practice in Lehigh County is that people arrested under suspicion of drunk driving who have no prior drunk driving arrests and where there was no accident or injuries are released pending blood test results. That didn't happen with Ramos. Instead, he was held under $10,000 cash bail -- an amount he could not raise.

As Ramos rotted in jail, his blood sample was tested twice by the Lehigh Valley Health Network Laboratory, which found on June 18, 2014, that it contained no drugs or alcohol. Trooper Summa then ordered a third test of the sample, this time for a broader spectrum of substances, but again the results were negative.

On the same day the test results came in, Summa testified in a preliminary hearing on Ramos' case that the results were not yet in. He did not tell the court about the negative test results. Ramos remained in jail for 158 days until he was found not guilty in Lehigh County Court after blood tests showed no illegal substances or alcohol in his system.

While Ramos was jailed, he was fired from his job and lost his home. He lost his car, too: The tow truck operator notified Ramos by mail about a deadline to retrieve his vehicle, but because Ramos was in jail, no one was at his residence to receive the letter.

Ramos' lawsuit charged that Troopers Summa and Vanfleet conspired to falsely arrest him despite finding no evidence that he was impaired or had drugs in his car. The lawsuit also named five state police supervisors, from the troop commander to former state police Commissioner Francis Noonan, as liable for racially motivated misconduct, unlawful seizure, violations of due process of law, denial of equal rights, conspiracy to interfere with civil rights, and other Civil Rights Act violations.

While the State Police admitted no fault or liability, their willingness to settle the case speaks for itself.

Attorney Joshua Karoly, who represented Ramos in the lawsuit, was magnanimous after the settlement was announced. "It was a mistake that this happened, and this resolution is going to go a long way toward getting his life back on track to where it was before this happened," Karoly told the Lancaster Morning Call. "It makes mistakes like that much less likely when they're brought to the public's attention."

Categories: Latest News

Looking Back: The Biggest International Drug Policy Stories of the Past 20 Years [FEATURE]

Thu, 12/07/2017 - 03:26

With a thousand issues of Drug War Chronicle under our belts, we look back on the biggest international drug and drug policy stories of the past 20 years. (A companion piece looks at the biggest US domestic drug policy stories.) Here's what we find:

[image:1 align:left caption:true]1. Global Prohibitionist Consensus Starts to Crumble

In 1998, the UN General Assembly Special Session on Drugs (UNGASS), with anti-prohibitionist voices in the room but metaphorically on the outside, pledged itself to eradicating drugs in 10 years. That didn't happen. Now, nearly 20 years later, it is duly chastened, and the chorus of critics is much louder, but the UN still remains a painfully slow place to try to make change in global drug policy.

Yet, despite the foot-dragging in Vienna and New York, albeit at a glacial pace. The 2016 UNGASS couldn't bring itself to actually say the words "harm reduction," but acknowledged the practice in its documents. It couldn't bring itself to resolve to be against the death penalty in drug cases, but a large and growing number of member states spoke out against it. It couldn't officially acknowledge that there is "widespread recognition from several quarters, including UN member states and entities and civil society, of the collateral harms of current drug policies, and that new approaches are both urgent and necessary," even though that's what the UN Development Program said. And the UN admitted to having dropped the ball on making opioid analgesics available in the developing world.

It certainly wasn't ready to talk about drug legalization in any serious fashion. But despite the rigidity within the global anti-drug bureaucracy, driven in part by the hardline positions of many Asian and Middle Eastern member states, the global prohibitionist consensus is crumbling. Many European and Latin America states are ready for a new direction, and some aren't waiting for the UN's imprimatur. Bolivia has rejected the 1961 Single Convention on Narcotic Drugs' provision criminalizing the coca plant, and Canada and Uruguay have both legalized marijuana with scant regard for UN treaty prohibitions. And of course there is Portugal's broad decriminalization system, encompassing all drugs.

There's a real lesson in all of this: The UN drug treaties, the legal backbone of global drug prohibition, have proven to be toothless. There is no effective mechanism for punishing most countries for violating those treaties, at least not relative to the punishing effects they suffer from prohibition. Other countries will take heed.

2. Afghanistan Remains the World's Opium Breadbasket

When the US invaded Afghanistan in late 2001, it entered into a seemingly endless war to defeat the Taliban and, along with it, the opium trade. Sixteen years and more than a trillion dollars later, it has defeated neither. Afghanistan was already the world's leading producer of opium then, and it still is.

According to the UN Office on Drugs and Crime, in 2000, the country produced more than 3,000 tons of opium. The following year, with the Taliban imposing a ban on poppy planting in return for US aid and international approval, production dropped to near zero. But in 2002, production was back to more than 3,000 tons, and Afghan poppy farmers haven't looked back since.

In the intervening years, Afghanistan has accounted for the vast majority of global opium production, reaching 90% in 2007 before plateauing to around 70% now (as production increases in Latin America). It has consistently produced at least 3,000 tons a year, with that amount doubling in selected years.

For years, US policymakers were caught in a dilemma, and drug war imperatives were subordinated to anti-Taliban imperatives. The problem was that any attempt to go after opium threatened to push peasants into the hands of the Taliban. Now, the Trump administration is bombing Taliban heroin facilities. But it hasn't bombed any heroin facilities linked to corrupt Afghan government officials.

[image:2 align:right caption:true]3. Movement Toward Acceptance of Recreational Marijuana

Twenty years ago, only the Netherlands had come to terms -- sort of -- with marijuana, formally keeping it illegal, but, in a prime example of the Dutch's policy of gedogen (pragmatic tolerance), with possession and sale of small amounts allowed. (The Dutch are only now finally dealing with the "backdoor problem," the question of where cannabis cafes are supposed to get their supplies if it can't be grown legally).

The first entities to legalize marijuana were the US states of Colorado and Washington in 2012, and Uruguay became the first country in the world to legalize marijuana in 2014. Canada will become the second country to do so next year. In the meantime, six more US states and the District of Columbia have also jumped on the bandwagon.

While full legalization may yet be a bridge too far for most European and Latin American countries, marijuana decriminalization has really taken hold there, with numerous countries in both regions having embraced the policy. Marijuana has now been decriminalized in Argentina, Austria, Belgium, Belize, Bolivia, Brazil, Chile, Colombia (you can possess up to 22 grams legally), Costa Rica, Croatia, the Czech Republic, Equador, Estonia, Georgia, Greece, Italy, Jamaica, Luxembourg, Malta, Mexico, Moldova, Paraguay, Peru, Portugal, Slovenia, Spain, Switzerland, and Ukraine, among others. Oh, and Iran, too.

4. Andean Whack-A-Mole: The Fruitless Quest to Quash Cocaine

The United States, and to a much lesser degree, the European Union, have spent billions of dollars trying to suppress coca leaf cultivation and cocaine production in Bolivia, Colombia, and Peru. It hasn't worked.

According to the UN Office on Drugs and Crime (UNODC), coca leaf cultivation was just under 500,000 acres in 1998; this week, UNODC reported that coca leaf cultivation was at 470,000 acres last year -- and that's not counting the 75,000 acres under legal cultivation in Bolivia.

When it comes to actual cocaine production, it's pretty much the same story: Again according to the UNODC, cocaine production was at 825 tons in 1998, peaked at just over a million tons a year in 2004-2007, and is now at just under 800 tons. There have been peaks and troughs, but here we are, pretty much in the same place we started.

Military intervention didn't stop it. Military and anti-drug assistance hasn't stopped it. Alternative development programs haven't stopped it. The global cocaine market is insatiable, and nothing has been able to tear Andean peasant farmers from what is by far their best cash crop. Bolivia, at least, has largely made peace with coca -- although not cocaine -- providing a legal, regulated market for coca farmers, but in Peru and Colombia eradication and redevelopment efforts continue to spark conflict and social unrest.

5. Mexico's Brutal Drug Wars

During the 1980s and 1990s, accusations ran rampant that in a sort of pax mafiosi, the Mexican government cut deals with leading drug trafficking groups to not so much fight the drug trade as manage it. Those were the days of single party rule by the PRI, which ended with the election of Vicente Fox in 2000. With the end of single party rule, the era of relative peace in the drug business began to unravel.

As old arrangements between drug traffickers and political and law enforcement figures fell apart, so did the informal codes that governed trafficker behavior. When once a cartel capo would accept his exemplary arrest, during the Fox administration, the gangsters began shooting back at the cops -- and fighting among themselves over who would control which profitable franchise.

Things took a turn for the worse with the election of Felipe Calderon in 2006 and his effort to burnish his political credentials by sending in the army to fight the increasingly wealthy, violent, and brazen cartels. And they haven't gotten any better since. While American attention to Mexico's drug wars peaked in 2012 -- a presidential election year in both countries -- and while the US has thrown more than a billion dollars in anti-drug aid Mexico's way in the past few years, the violence, lawlessness, and corruption continues. The death toll is now estimated to be around 200,000, and there's no sign anything is going to change anytime soon.

Well, unless we take leading 2018 presidential candidate Andres Manuel Lopez Obrador (AMLO) at his word. This week, AMLO suggested a potential amnesty for cartel leaders, indicating, for some, at least, a pax mafiosi is better than a huge, endless pile of corpses.

6. Latin America Breaks Away from US Drug War Hegemony

The US imports its drugs and exports its prohibition-related violence, and the region grows tired of paying the price for America's war on its favorite vices. When once Latin American leaders quietly kowtowed to drug war demands from Washington, at least some of them have been singing a different tune in recent years.

Bolivia under Evo Morales has resolutely followed its own path on legalizing coca cultivation, despite bellows from Washington, successive Mexican presidents weary of the bloodshed turn an increasingly critical eye toward US drug war imperatives, Colombian President Juan Manuel Santos sees what Washington-imposed prohibitionist policies have done to his county and cries out for something different, and so did Guatemalan President Otto Perez Molina before he was forced out of office on corruption charges.

Latin American countries are also increasingly pursuing their own drug policies, whether it's constitutionally protected legalization of personal use amounts of drugs in Colombia, decriminalization of marijuana across the continent, or downright legalization in Uruguay, Latin American leaders are no longer taking direction from Washington -- although they generally remain happy to take US anti-drug dollars.

[image:3 align:left caption:true]7.Safe Injection Sites Start Spreading

The notion of providing a place where intravenous drug users could shoot up under medical supervision and get access to referrals to public health and welfare services was derided by foes as setting up "shooting galleries" and enabling drug use, but safe injection sites have proven to be an effective intervention, linked to reduced overdoses, reduced crime, and moving drug users toward treatment.

These examples of harm reduction in practice first appeared in Switzerland in the late 1980s; with facilities popping up in Germany and the Netherlands in the 1990s; Australia, Canada, Luxembourg, Norway, and Spain in the 2000s; and, most recently, Denmark and France.

By now, there are nearly a hundred safe injection sites operating in at least 61 cities worldwide, including 30 in Holland, 16 in Germany, and eight in Switzerland. We are likely to see safe injection sites in Ireland and Scotland very soon.

It looks like they will soon be appearing in the United States, too. Officials in at least two cities, San Francisco and Seattle, are well on the way to approving them, although the posture of the federal government could prove an obstacle.

8. And Heroin Maintenance, Too

Even more forward looking as a harm reduction measure than safe injection sites, heroin maintenance (or opiate-assisted treatment) has expanded slowly, but steadily over the past two decades. The Swiss did the first trials in 1994, and now such programs are available there (after decisively winning a 2008 referendum on the issue), as well as Germany and the Netherlands.

Such programs have been found to reduce harm by helping users control their drug use, reducing overdoses, reducing drug-related disease, and promoting overall health and well-being, while also reducing social harms by reducing crime related to scoring drugs, reducing public use and drug markets, and promoting less chaotic lifestyles among participants, leading to increased social integration and better family life and employment prospects.

A Canadian pilot program, the North American Opiate Medication Initiative (NAOMI) produced similar results. Maybe the United States will be ready to get it a try one of these years.

9. New Drugs, New Markets

So far, this has been the century of new drugs. Known variously as "research chemicals," "designer drugs," or fake this and that, let's call them new psychoactive substances (NSPs). Whether it's synthetic cannabinoids, synthetic cathinones, synthetic benzodiazepines, synthetic opioids, or something entirely novel, someone somewhere is producing it and selling it.

In its 2017 annual review, the European Monitoring Center on Drugs and Drug Addictions (EMCDDA) reported in was monitoring 620 NSPs, up from 350 in 2013, and was adding new ones at the rate of over one a week.

These drugs, often of unknown quality or potency, in some cases have wreaked havoc among drug users around the world and are a prime example of the bad things that can happen when you try to suppress some drugs: You end up with worse ones.

The communications technology revolution that began with the world wide web impacts drug policy just as it impact everything else. Beginning with the infamous Silk Road drug sales website, the dark web and the Tor browser have enabled drug sellers and consumers to hook up anonymously online, with the drugs delivered to one's doorstep by Fedex, UPS, and the like.

Silk Road has been taken down and its proprietor, Ross Ulbricht, jailed for decades in the US, but as soon as Silk Road was down, new sites popped up. They got taken down, and again, new sites popped up. Rinse and repeat.

European authorities estimate the size of the dark web drug marketplace at about $200 million a year -- a fraction of the size of the overall trade -- but warn that it is growing rapidly. And why not? It's like an Amazon for drugs.

10.Massacring Drug Suspects in Southeast Asia

Philippines President Rodrigo Duterte has drawn international condemnation for the bloody war he unleashed on drug suspects upon taking office last year. Coming from a man who made his reputation for leading death squads while Mayor of Davao City, the wave of killings is shocking, but not surprising. The latest estimates are that some 12,000 people have been killed.

What's worse is that Duterte's bad example seems to be gaining some traction in the neighborhood. Human rights groups have pointed to a smaller wave of killings in Indonesia, along with various statements from Indonesian officials expressing support for Duterte-style drug executions. And most recently, a Malaysian member of parliament urged his own country to emulate Duterte's brutal crackdown.

This isn't the first time Southeast Asia has been the scene of murderous drug war brutality. Back in 2003, then Thai Prime Minister Thaksin Shinawatra launched a war on drugs that saw 2,800 killed in three months.

Categories: Latest News

Looking Back: The Biggest Domestic Drug Policy Stories of the Past 20 Years [FEATURE]

Thu, 12/07/2017 - 03:14

As Drug War Chronicle marks the publication of its 1,000th issue (with yours truly having authored 863 of them going back to 2000), we reflect on what has changed and what hasn't in the past couple of decades. This piece recounts our domestic drug policy evolution in the US; a companion piece looks at the international picture.

[image:1 align:left]A lot has happened. We've broken the back of marijuana prohibition, even if we haven't killed it dead yet; we've seen medical marijuana gain near universal public acceptance, we've seen harm reduction begin to take hold, we've fought long and hard battles for sentencing reform -- and even won some of them.

But it hasn't all been good. Since the Chronicle began life as The Week Online With DRCNet back in 1997, more than 30 million people have been arrested for drugs, with all the deleterious consequences a drug bust can bring, and despite all the advances, the drug war keeps on rolling. There's been serious progress made, but there's plenty of work left to do. 

Here are the biggest big picture drug stories and trends of the past 20 years:

1. Medical Marijuana

It was November, 1996, when California became the first state to legalize medical marijuana, five years after San Francisco became the first city in the country to pass a medical marijuana measure, thanks in large part to the efforts of activists who mobilized to make its use possible for AIDS patients. Two years later, Alaska, Oregon, and Washington came on board, and three years after that, Hawaii became the first state to allow it though the legislative process. Now, 29 states, the District of Columbia, Guam, and Puerto Rico allow for the use of medical marijuana, and public support for medical marijuana reaches stratospheric levels in polls.

But the battle isn't over. The federal government still refuses to officially recognize medical marijuana, potentially endangering the progress made so far, especially under the current administration, efforts to reschedule marijuana to reflect its medical uses remain thwarted, some of the more recent states to legalize medical marijuana have become perversely more restrictive, and in some of the more conservative states, lawmakers attempt to appease demands for medical marijuana legalization by passing extremely limited CBD-only laws.

2. Marijuana Legalization: In the War on Weed, Weed is Winning

Twenty years ago, pot wasn't legal anywhere, and Gallup had public support for legalization at a measly 25%. A lot has changed since then. It took repeated tries, but beginning in 2012, states started voting to free the weed, with Colorado and Washington leading the way, Alaska and DC coming on board in 2014, and California, Maine, Massachusetts, and Nevada joining the ranks last year. Now, about a fifth of the country has legalized weed, with more states lining up to do so next year, including most likely contenders Delaware, Michigan, New Jersey, and Vermont.

Now, Gallup has support for legalization at 64% nationwide, with even a slight majority (51%) of Republicans on board. The only demographic group still opposed to pot legalization is seniors, and they will be leaving the scene soon enough. Again, the battle is by no means over. Marijuana remains illegal under federal law, and congressional efforts to change that have gone nowhere so far. But it seems like marijuana has won the cultural war, and the rest is just cleaning up what's left of the pot prohibition mess.

3. Marijuana, Inc.: The Rise of an Industry

State-legal marijuana is already a $10 billion dollar a year industry, and that's before California goes on line next month. It's gone from outlaws and hippie farmers in the redwoods to sharp-eyed business hustlers, circling venture capitalists, would-be monopolists, and assorted hangers on, from accountants, lawyers, and publicists to security and systems mavens, market analysts, and the ever-expanding industry press.

These people all have direct pecuniary interests in legal marijuana, and, thanks to profits from the golden weed, the means to protect them. Marijuana money is starting to flow into political campaigns and marijuana business interests organize to make sure they will continue to be able to profit from pot.

Having a legal industry with the wherewithal to throw its weight around a bit is generally -- but not entirely -- a good thing. To the degree that the marijuana industry is able to act like a normal industry, it will act like a normal industry, and that means sometimes the interests of industry sectors may diverge from the interests of marijuana consumers. The industry or some parts of it may complain, for instance, of the regulatory burden of contaminant testing, while consumers have an interest in knowing the pot they smoke isn't poisoned.

And getting rich off weed is a long way from the justice-based demand that people not be harassed, arrested, and imprisoned for using it. Cannabis as capitalist commodity loses some of that outlaw cachet, some ineffable sense of hipster cool. But, hey, you're not going to jail for it anymore (at least in those legal states).

4. The Power of the People: The Key Role of the Initiative Process

The initiative and referendum process, which lets activists bypass state legislatures and put issues to a direct popular vote, has been criticized as anti-democratic because it allows special interests to use an apathetic public to advance their interests, as both car insurers and tobacco companies have attempted in California. It also gets criticized for writing laws without legislative input.

But like any political tool, it can be used for good or ill, and when it comes to drug reform, it has been absolutely critical. When legislatures refuse to lead -- or even follow -- as has been the case with many aspects of drug policy, the initiative process becomes the only effective recourse for making the political change we want. It was through the initiative process that California and other early states approved medical marijuana; it was five years later that Hawaii became the first state where the legislature acted. Similarly with recreational marijuana legalization, every state that has legalized it so far has done it through the initiative process; in no state has it yet made its way through the legislature, although we're hoping that will change next year.

And it's not just marijuana. The initiative process has also been used successfully to pass sentencing reforms in California, and now activists are opening the next frontier, with initiatives being bruited in California and Oregon that would legalize psychedelic mushrooms.

The bad news: Only 24 states have the initiative process. The good news: The ones that do lead the way, setting an example for the others.

[image:2 align:right caption:true]5. The Glaring Centrality of Race

It took Michelle Alexander's 2010 publication of The New Jim Crow: Mass Incarceration in the Age of Colorblindness to put a fine point on it, but the centrality of race in the prosecution of the war on drugs has been painfully evident since at least the crack hysteria of the 1980s, if not going back even further to the Nixonian law-and-order demagoguery of the late 1960s and early 1970s.

We've heard the numbers often enough: Blacks make up about 13% of the population and about 13% of drug users, but 29% of all drug arrests and 35% of those doing state prison time for drugs. And this racial disparity in drug law enforcement doesn't seem to be going away.

Neither is the horrendous impact racially-biased drug law enforcement has on communities of color. Each father or mother behind bars leaves a family exploded and usually impoverished, and each heavy-handed police action leaves a bitter aftertaste.

The drug war conveyor belt, feeding an endless number of black men and women into the half-life of prison, is clearly a key part of a system of racially oppressive policing that has led to eruptions from Ferguson to Baltimore. If we are going to begin to try to fix race relations in this country, the war on drugs is one of the key battlefronts. Thanks in part to Alexander's bestseller, civil rights organizations from the traditional to newer movements like Black Lives Matter have devoted increasing focus to criminal justice, including drug policy reform.

6. Harm Reduction Takes Hold

We don't think teenagers should be having sex, but we know they're going to, anyway, so we make condoms available to them so they won't get pregnant or STDs. That's harm reduction. So is providing clean needles to injection drug users to avoid the spread of disease, making opioid overdose drugs like naloxone widely available so a dosing error doesn't turn fatal, passing 911 Good Samaritan laws to encourage and OD victims' friends to call for help instead of run away, and providing a clean, well-lit place where drug users can shoot or smoke or snort their drugs under medical supervision and with access to social service referrals.

Two decades ago, the only harm reduction work going on was a handful of pioneering needle exchanges, thanks to folks like Dave Purchase at the North American Syringe Exchange Network (founded in 1988), and early activists faced harassment and persecution from local authorities. But it was the creation of the Harm Reduction Coalition in 1993 that really began to put the movement on the map.

In this century, harm reduction practices have gained ground steadily. Now, 33 states and DC allow needle exchange programs to operate, 40 states and DC have some form of 911 Good Samaritan laws, and every state in the county has now modified its laws to allow greater access to naloxone.

The next frontier for American drug war harm reduction is safe injection sites, and on the far horizon, opiate-assisted maintenance. There is not yet a single officially sanctioned operating safe injection in the country, but we are coming close in cities such as Seattle and San Francisco. And let's not forget drug decriminalization as a form of harm reduction. It should be the first step, but that's not the world we live in -- yet.

7. Sentencing Fever Breaks

Beginning in the Reagan years and continuing for decades, the number of prisoners in America rose sharply and steadily, driven in large part by the war on drugs. The phenomenon gained America infamy as the world's biggest jailer, whether in raw numbers or per capita.

But by early in the century, the fever had broken. After gradually slowing rates of increases for several years, the number of state and federal prisoners peaked around 2007 and 2008 at just over 1.6 million. At the end of 2015, the last year for which data is available, the number of prisoners was 1.527 million, down 2% from the previous year. And even the federal prison system, which had continued to increase in size, saw a 14% decline in population that year.

But most drug war prisoners are state prisoners, and that's where sentencing reform have really begun to make a difference. States from California to Minnesota to Texas, among others, enacted a variety of measures to cut the prison population, in some cases because of more enlightened attitudes, but in other cases because it just cost too damned much money for fiscal conservatives.

Current US Attorney General Jeff Sessions would like very much to reverse this trend and is in a position to do some damage, for instance, by instructing federal prosecutors to pursue tough sentences and mandatory minimums in drug cases. But he is hampered by federal sentencing reforms passed in the Obama era. Sessions may be able to bump up the number of people behind bars only slightly; the greater danger is that his policies serve as an inspiration for similarly inclined conservatives in the states to try to roll back reforms there.

8. The Rise (and Fall) of the Opioids

In 1996, Purdue Pharma introduced Oxycontin to the market. The powerful new pain reliever was pitched to doctors as not highly addictive by a high pressure company sales force and became a tremendous market success, generating billions for the Sackler family, the owners of the company. Opioid prescriptions became more common.

For many patients, that was a good thing. Purdue Pharma's marketing push coincided with a push by chronic pain advocates -- patients, doctors and others -- to ease prescribing restrictions that had kept many patients in feasibly treatable pain. And which in many cases still do: A 2011 report by the Institute of Medicine found that while "opioid prescriptions for chronic noncancer pain [in the US] have increased sharply . . . [tlwenty-nine percent of primary care physicians and 16 percent of pain specialists report they prescribe opioids less often than they think appropriate because of concerns about regulatory repercussions." As the report noted, having more opioid prescriptions doesn't necessarily mean that "patients who really need opioids [are] able to get them."

While it's popular to blame doctors and Big Pharma for getting a bunch of pain patients addicted to opioids, that explanation is a bit too facile. Many of the people strung out today were never patients, but instead obtained their pain pills on the black market. Through a perverse system of incentives, people on Medicaid could obtain the pills by prescription for next to nothing, then resell them for $40 or $60 apiece to people who wanted them. Some pain management practices were on the cutting edge of relieving pain for patients who needed the help. But others were little more than shady pill mills, popping up in places like Ohio, Kentucky, and Florida -- places that would become the epicenter of an opioid epidemic within a few years.

When the inevitable crackdowns on pain pill prescribing came, legitimate prescribers of course got caught in the crossfire sometimes, especially those who served the poor or the patients who in the worst chronic pain. Their being targeted, or others reining in their prescribing practices, left many patients in the lurch again. And the closure of pill mills left addicted people in the lurch. But there was plenty of heroin to make up for the missing pills the addicted used to take. Mexican farmers have been happy to grow opium poppies for the American market for decades, and Mexican drug trafficking organizations know how to get it to market.

The whole thing has been worsened by the arrival of fentanyl, a synthetic opioid dozens of times stronger than pure heroin, which seems to be coming mostly from rogue Chinese pharmaceutical labs (although the Mexicans appear to be getting in on the act now, too).

And now we have a drug overdose crisis like the country has never seen before, with around 60,000 people estimated to die from overdoses this year, most of them from opioids (by themselves or in combination with alcohol and/or other drugs). The crisis is inspiring both admirable harm reduction efforts and an execrable turn to harsher punishments, while making things harder again for many pain patients. While many argue that the gentle side of the response to this epidemic is because the victims are mainly white, I would suggest that argument pays short shrift to all the years of hard work advocates and activists of all ethnicities have put in to creating more enlightened drug policies.

9. Policing for Profit: The Never Ending Fight to Rein in Asset Forfeiture

Twenty years ago, pressure was mounting in Washington over abuses of the federal civil asset forfeiture program, just as it is now. Back then, passage of the Civil Asset Forfeiture Reform Act (CAFRA) of 2000 marked an important early victory in the fight to rein in what has tartly described as "policing for profit." It was shepherded though the house by then Judiciary Committee Chairman Rep. Henry Hyde, an Illinois Republican.

How times have changed. Now, with federal agents seizing billions of dollars each year though civil forfeiture proceedings and scandalous abuse after scandalous abuse pumping up the pressure for federal reform, the Republican attorney general is calling for more asset forfeiture. And Jeff Sessions isn't just calling for it; he has undone late Obama administration reforms aimed at reining in one of the sleaziest aspects of federal forfeiture, the Equitable Sharing program, although he is having problems getting Congress to go along.

In the years since CAFRA, a number of states have passed similar laws restricting civil asset forfeiture and directing that seized funds go into the general fund or other designated funds, such as education, but state and local police have been able to evade those laws via Equitable Sharing. Under that program, instead of seizing money under state law, they instead turn it over to the federal government, which then returns 80% of it to the law enforcement agency -- not the general fund and not the schools.

This current setup, with its perverse incentives for police to evade state laws and pursue cash over crime, makes asset forfeiture reform a continuing battlefield at both the state and the federal levels. A number of reform bills are alive in the Congress, and year by year, more and more states pass laws limiting civil asset forfeiture or, even better, eliminating it and requiring a criminal conviction before forfeiture can proceed. Fourteen states have now done that, with the most recent being Connecticut, New Mexico and Nebraska. That leaves 36 to go.

10. Despite Everything, the Drug War Grinds On

We have seen tremendous progress in drug policy in the past 20 years, from the advent of the age of legal marijuana to the breaking of sentencing fever to the spread of harm reduction and the kinder, gentler treatment of the current wave of opioid users, but still, the drug war grinds on.

Pot may be legal in eight states, but that means it isn't in 42 others, and more than 600,000 people got arrested for it last year -- down from a peak of nearly 800,000 in 2007, but still up by 75,000 or 12% over 2015.

It's the same story with overall drug arrests: While total drug arrest numbers peaked at just under 1.9 million a year in 2006 and 2007 -- just ahead of the peak in prison population -- and had been trending downward ever since, they bumped up again last year to 1.57 million, a 5.6% increase over 2015.

There are more options for treatment or diversion out of jail or prison, but people are still getting arrested. Sentencing reforms mean some people won't do as much time as they did in the past, but people are still getting arrested. And the drug war industrial complex, with all its institutional inertia and self-interest, rolls on. If we want to actually end the drug war, we're going to have to stop arresting people for drugs. That would be a real paradigm shift.

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Pennsylvania Cops Abuse Elderly Couple in Raid on Marijuana Plants That Weren't [FEATURE]

Wed, 11/22/2017 - 17:50

A Buffalo Township, Pennsylvania, couple has filed a lawsuit against township police and an insurance company in the wake of a misbegotten drug raid that netted only hibiscus plants.

[image:1 align:left]Edward Cramer, 69, and his wife, Audrey Cramer, 66, were quietly enjoying their golden years this fall when they called their insurance company about a neighbor's tree that had fallen on their property. That's when things started going wacky, as the Pittsburgh Tribune-Review reported.

The insurance company, Nationwide Mutual Insurance, sent its local agent, Jonathan Yeamans, to the Cramer's place, but Yeamans apparently had more than insurance claims on his mind. According to the lawsuit, Yeamans surreptitiously took photos of flowering hibiscus plants in the backyard, then sent them to local police as evidence of an illegal marijuana grow.

The Cramers claim that Yeamans "intentionally photographed the flowering hibiscus plants in such a manner as not to reveal that they had flowers on them so that they would appear to resemble marijuana plants."

Yeaman's photos went to Buffalo Township Officer Jeffrey Sneddon, who claimed to have expertise in identifying marijuana, and who, incorrectly identifying the plants as marijuana, applied for and received a search warrant for the Cramers' property.

And the raid was on! According to the lawsuit, Audrey Cramer was home alone, upstairs and only partially dressed when police arrived around noon on October 7. She went downstairs to open the door, only to be confronted by a dozen or so officers pointing assault rifles at her.

The lead officer, Sgt. Scott Hess, ordered Mrs. Cramer to put her hands up and told her he had a search warrant, but refused to show it to her, the complaint alleges.

Then, "Hess entered the home and went upstairs. Upon returning downstairs, he demanded that (Cramer), a 66-year-old woman, be handcuffed behind her back in a state of partial undress."

Mrs. Cramer asked police if she could put on a pair of pants nearby, but was told "in no uncertain terms," that she could not. She was instead placed under arrest and read her right.

Police then walked her outside the house and left her standing, handcuffed, in her underwear in public for 10 minutes, before police walked her, barefoot, down a gravel driveway to a police car. The suit claims police refused her request to let her put on sandals.

When Mrs. Cramer asked Hess "what on earth is going on," he told her police were searching for marijuana. She explained that the plants in question were hibiscus -- not marijuana -- but Hess, also claiming drug identification expertise, insisted they were indeed pot plants.

She spent the next 4 ½ hours in a "very hot" patrol car, her hands cuffed behind her.

Edward Cramer returned home in the midst of the raid, only to be met by leveled police guns, removed from his car, arrested, and placed in the police car with his wife for the next two hours. According to the lawsuit, Cramer repeatedly asked to show police that the plants were hibiscus, with the flowers clearly in bloom, to no avail.

"Why couldn't the police see what it was?" Al Lindsay, the Cramers' attorney, said in a phone interview with the Pittsburgh Tribune-Review. "Being arrested, for people like this who have no history with crime and no experience with law enforcement, this is an incredibly traumatic experience."

Police released the couple from the patrol car only after an hours-long search failed to turn up any marijuana in the home or the yard. The lawsuit says that Sgt. Hess seized the hibiscus plants even though he admitted he didn't think they were pot plants and labeled them "tall, green, leafy suspected marijuana plants."

While police didn't charge the Cramers with any crimes, the couples' experience was traumatic enough for them to seek medical treatment, and Edward Cramer has been seeing a trauma therapist.

Now, with their lawsuit filed Thursday, the Cramers are seeking justice. The suit, filed in Butler County Court, names Nationwide, Nationwide agent Yeamans, Buffalo Township, and three of its police officers. It alleges police use of excessive force, false arrest, false imprisonment, intentional infliction of emotional distress and invasion of privacy.

Neither Buffalo Township nor Nationwide have been willing to comment on the case.

And to add insult to injury, the Cramers got an October 26 letter from Nationwide informing them that marijuana had been found on their property and if they failed to remove the plants, Nationwide would cancel their insurance policy.

The Cramers are seeking "monetary and compensatory damages," as well as attorneys; fees and court costs.

Just another day in the war on plants.

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Drug-Induced Homicide Charges Draconian and Ineffective, Study Finds [FEATURE]

Sat, 11/11/2017 - 22:17

A new report from the Drug Policy Alliance shines a harsh spotlight on a strategy that some police, prosecutors, and elected officials are embracing in response to the opioid overdose crisis -- charging sellers with drug-induced homicide -- which the evidence suggests is intensifying, rather than helping, the problem.

[image:1 align:left caption:true]The opioid overdose crisis is real enough -- a record of more than 60,000 people died of drug overdoses last year, most of them from opioids -- but claims that charging drug sellers with murder is an effective deterrent are unproven, according to the report, An Overdose Death Is Not Murder: Why Drug-Induced Homicide Laws Are Counterproductive and Inhumane.

Instead, such laws actually deter people not from selling drugs but from seeking life-saving medical assistance in case of overdose. That's because drug-induced homicide prosecutions typically don't target high-level "kingpins," but zero in on the very people best positioned to actually save lives in the event of an overdose: family, friends, and low-level drug sellers, often addicts themselves.

Like Amy Shemberger. In August 2014, she took a ride to score some heroin for herself and her boyfriend, Peter Kucinski. She snorted one bag on the way home and gave the other to Peter when she got home. Suffering from severe alcohol withdrawal, he needed the heroin to feel better. He snorted a $10 bag, then stopped breathing. Amy called 911, but it was too late, and her boyfriend of 18 years was gone -- and then so was their 5-year-old son, taken into custody by child protective services.

Two months later, Amy was charged with drug-induced homicide for sharing her score with her life partner. She's now serving seven years in state prison.

Amy Shemberger is not an outlier. Police and prosecutors routinely abuse their discretion by going after the people best positioned to actually save the lives of overdose victims -- their friends, family members, fellow drug users, and small-time drug sellers. The report offers several examples: In New Jersey, 25 of 32 drug-induced homicide prosecutions in the 2000s targeted friends of the victims who were not involved in significant drug sales. In Wisconsin, 90% of the most recent cases targeted friends or relatives of the victim. In Illinois, a study of these prosecutions found that prosecutors typically charged the last person known to be with the victim.

And, as with everything else in the war on drugs, it's worse if you're not white. Hampered by a felony record, when James Linder, 36, lost his job at a bakery, he resorted to selling small amounts of drugs, making enough money to get a haircut for his son and to help out his sister. But in January 2015, he sold three packets of heroin to Cody Hillier. Hillier's girlfriend, Danielle Barzyk died of an overdose later that same day. Despite never even metting Barzyk, Linder was charged with drug-induced homicide in her death. He was sentenced by an all-white jury in rural Illinois. Unlike Shemberger, he didn't get seven years; he got 28 years in prison.

Linder and Schemberger are by no means alone. Drug-induced homicide laws, originally passed in the depths of 1980s drug war excess, lay largely dormant until rising drug overdose numbers led police and prosecutors to revive them. Currently 20 states -- Delaware, Colorado, Florida, Illinois, Kansas, Louisiana, Michigan, Minnesota, New Hampshire, New Jersey, North Carolina, Oklahoma, Pennsylvania, Rhode Island, Tennessee, Vermont, Washington, West Virginia, Wisconsin, and Wyoming -- have drug-induced homicide laws on the books. Other states without such laws also manage to charge these people with the offense of drug delivery resulting in death under various felony-murder, depraved heart, or involuntary or voluntary manslaughter laws.

"This is a wasteful, punitive policy that compounds the tragedy of an overdose by locking up even more people in the name of the failing war on drugs," said Lindsay LaSalle, senior staff attorney at the Drug Policy Alliance and author of the report. "By placing the blame for an overdose death on the single person who supplied the drugs, all the structural factors that lead to addiction and overdose are ignored, as are the solutions that could actually make a difference. While there's no evidence in support of the effectiveness of drug-induced homicide laws, the good news is that there are proven health and harm reduction interventions that can save lives."

Those include policies and practices such as 911 Good Samaritan laws, which protect people reporting drug overdoses from arrest; expanded access to the opioid overdose reversal drug naloxone (Narcan), expanded access to opioid-assisted treatment, and expansion of harm reduction programs such as supervised drug injection sites, where users can shoot up under medical supervision and be connected with social service agencies.

There is no national database of drug-induced homicide prosecutions, so the Drug Policy Alliance report relied on media mentions of such cases to chart their spread. It found 363 articles mentioning such cases in 2011, but by 2016, that number had jumped to 1,178, a 300% increase in just five years. And this without any evidence of their effectiveness in reducing drug use or sales or preventing overdose deaths.

The resort to drug-induced homicide charges varies from state to state. Midwestern states such as Wisconsin, Ohio, Illinois, and Minnesota have been the most aggressive in prosecuting drug-induced homicides, with northeastern states Pennsylvania, New Jersey, and New York and southern states Louisiana, North Carolina, and Tennessee rapidly expanding their use of these laws. And the move remains politically popular: This year alone, elected officials in at least 13 states -- Connecticut, Idaho, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New York, Ohio, South Carolina, Tennessee, Virginia, and West Virginia -- introduced bills to create new drug-induced homicide offenses or strengthen existing drug-induced homicide laws.

But the increased criminalization of people who use and sell drugs only exacerbates the very problem prosecutors are supposedly trying to address. It increases stigma, drives people away from needed care, and will likely result in the same racial disparities now synonymous with other drug war tactics.

"This is no time to ratchet up enforcement responses to addiction and overdose -- we can't afford to repeat the mistakes of the past," warned LaSalle. "Overdose deaths are skyrocketing and it could be your loved one who dies from a preventable drug overdose, simply because someone was too scared to call 911."

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