A federal judge has declared Florida's drug law unconstitutional, potentially throwing thousands of criminal cases into jeopardy. U.S. District Judge Mary Scriven of Orlando issued a ruling Wednesday that struck down the state's Drug Abuse Prevention and Control law, saying it violates due process because it doesn't require that prosecutors prove that a person knew he or she possessed illegal drugs. See also: Attorneys seek dismissal of hundreds of local drug cases
When Obama first took office in 2009, he promised a drug policy more focused on public health. However, recent statements from the DEA and raids on medical marijuana providers have proved otherwise. External pressures are escalating as drug cartel-led violence across the border intensifies. Internal pressures are also becoming more widespread, as the public is seeing few changes affecting drug policy. Obama should seriously consider re-evaluating his approach to drug policy for his 2012 campaign.
Part of the solution to end drug violence in Mexico should include legalizing drugs like marijuana for personal use, according to former President Vicente Fox. "In order to get out of this trap (of drug violence caused by organized crime), I'm specifically proposing the legalization of the drug," Fox said. He also said the Mexican government should "retire the army from the task of combating criminal gangs."
The bulk of the marijuana consumed in the United States used to come across the border from Mexico, Canada and elsewhere. Now, more than half of it is believed to be home grown in California, where an enormous black market has emerged under the cover of the state’s medical marijuana law. With more than a third of all states now experimenting with some form of legalization and decriminalization — and several California counties attempting to openly regulate pot production — Frontline and the Center for Investigative Reporting team up to investigate the country’s oldest, largest and most wide-open marijuana market. Is the federal government now moving to shut it down?
A new marijuana legalization ballot measure was cleared Monday to start seeking petition signatures. But its proponents aren't affiliated with the Oakland-based backers of last year's Proposition 19, who intend to mount a 2012 initiative of their own. The state attorney general's official summary says the measure, named by its proponents as "The Regulate Marijuana Like Wine Act of 2012," would decriminalize marijuana sales, distribution, possession, use, cultivation, processing and transportation by people at least 21 years old.
Four decades ago, on 17 July 1971, President Richard Nixon declared what has come to be called the "war on drugs". Nixon told Congress that drug addiction had "assumed the dimensions of a national emergency". Drug abuse, said the president, was "public enemy number one". Despite decades of battling against narcotics, the levels of addiction, trafficking and violence continue to rise. The war on drugs has failed. Now, politicians in Latin America are calling to review all options – from full legalisation to a new war.
Voters narrowly approved a ballot initiative last November allowing medical marijuana in the state, but the result has been just the opposite of an orderly system of dispensing cannabis to the truly sick. Rather, police raids, surreptitious money transfers and unofficial pot clubs have followed passage of the new law, creating a chaotic situation not far removed from the black-market system that has always existed.
Like every section that's left of the mostly vetoed medical-marijuana-reform law that passed in April, section 403 is vague, confusing, and inadequate to the task of regulating cannabis. Section 403, however, might be the single most important scrap of law to survive Gov. Chris Gregoire's veto pen. It's from this section, after all, that the City of Seattle, just three days ago, effectively legalized medical-marijuana gardens and dispensaries (city officials prefer the term "access points").
The uncertainty comes after lawmakers worked for months on a plan that would help clear up the state's medical marijuana laws. The Legislature approved a plan that would have created a system to regulate medical marijuana dispensaries. But Gregoire, citing fears that state workers could face federal prosecution for participating in the licensing scheme, vetoed much of it. The remaining parts of the law allow collective marijuana grows with up to 45 plants, serving up to 10 patients.
The report, written by a high-profile panel including former Swiss cabinet minister Ruth Dreifuss, criticises the repressive approach in the US and calls for the legalisation of some drugs and an end to the criminalisation of drug users. Dreifuss recalled the “powerful experience” of Switzerland, “an experience in public health which leads to police and criminal interventions increasingly connected with the policies of social integration and which has given excellent results under very serious scientific supervision, for example the almost total elimination of overdoses and the remarkable drop in petty crime”.
Thomas Grisaffi, Fellow in the Department of Social Anthropology
19 July 2011
On June 22nd under instruction from President Evo Morales (an ex-coca grower and leader of Bolivia’s powerful coca federation), Bolivia’s congress voted to withdraw from the 1961 UN Single Convention on Narcotic Drugs. The government’s decision to step out of the most important international legal framework for drug control generated unease in international government and policy circles. Opposition parties in Bolivia responded to the news by claiming that the government had caved into pressure from drug traffickers. Meanwhile The United Nations Office on Drugs and Crime classified the decision as ‘worrying’. Contrary to these voices the Bolivian government has very good reasons to abandon the convention.
The Seattle City Council unanimously passed rules Monday requiring that medical marijuana operations be licensed, obtain food-handling permits if they sell marijuana-infused cookies or other items, and follow all other regulations such as land use and historic preservation codes. The approach is the opposite of what several other local cities have done - imposing moratoriums on such operations. A spokesman for Mayor Mike McGinn said he expects to sign the measure quickly.
In October 2009, medical marijuana advocates celebrated a U.S. Department of Justice memo declaring that federal authorities wouldn't target the legal use of medicinal pot in states where it is permitted. The memo from Deputy U.S. Attorney General David Ogden was credited with accelerating a California medical marijuana boom, including a proliferation of dispensaries that now handle more than $1 billion in pot transactions. But last month brought a new memo from another deputy attorney general, James Cole. And this time, it is stirring industry fears of federal raids on pot dispensaries and sweeping crackdowns on large-scale medical pot cultivation.
About two decades after the U.S. emerged from the worst of its own crack epidemic, Brazilian authorities are watching the cheap drug spread across this country of 190 million people. They have far fewer resources to deal with it, despite a booming economy that expanded 7.5 percent last year. Walter Maierovitch, a former drug czar, proposes programs that offer adults health services and a safe place to use drugs. "Insisting on programs that demand abstinence doesn't work," he said.
In the last few months, officials in New Jersey, as well as several other states, have said that mixed signals from the Obama administration have left them unsure whether their medical marijuana programs could draw federal prosecution of the people involved, including state employees.
President Obama came into office promising to reverse George W. Bush administration practices and elevate science over politics. He explicitly applied that principle to drug policy, an area long driven by ideology and prejudice. He promoted three evidence-based drug policies: eliminating the ban on states using federal funding for syringe exchange programs to reduce the spread of HIV/AIDS and hepatitis; reforming the racially unjust crack-cocaine sentencing disparity that punished crack offenses more harshly than powder offenses; and vowing to end years of federal interference in the implementation of state medical marijuana laws. But as a recent L.A. Times article makes dismayingly clear, the White House is putting the "science-free zone" sign back up.
After an only-in-the-Netherlands legal reverse, the city of Amsterdam will likely have to stub out the "no toking" signs it introduced in a crackdown on marijuana-smoking youth. The Dutch government's top legal adviser ruled that the city had no right to establish official zones where smoking weed is banned, since it's already theoretically illegal in the Netherlands. In practice, possession of small amounts of the drug is allowed, and it is sold openly in designated shops.
A committee of the Seattle City Council grappled Wednesday with a proposed ordinance for medical-marijuana cooperatives. It would be much easier for Seattle to ban them, as some suburban cities have done — and it would be wrong. Ultimately, marijuana prohibition has to end. The next step is to defend the providers of medical patients. Seattle's job will be to set up a system of regulation that is so clearly reasonable, and supported by people here, that prosecution of licensed suppliers will be a risk the federal government chooses not to take.