Drug WarRant

Just to clarify, the federal government cannot go after everyone, so it helps to know where you stand if you’re thinking about breaking federal law.

1. For those involved in ordering torture, approving it, and even for the vast majority of those who committed brutal torture that went all the way to murder, they are now permanently and fully immunized by the Department of Justice from any form of criminal investigation and prosecution.
2. For those involved in supplying marijuana for sick people in full compliance with state law, they are “subject to federal enforcement action, including potential prosecution,” including civil or criminal action, and utilization of federal money laundering statutes and other federal financial laws.

Over at the Agitator

Self explanatory.

A lot of suffering. A lot of grief. A lot of injustice. This damned drug war.

I guess I’m just ready to share all this love that I have built up inside of me all these years. No more late nights or days just wishing I can hold my kids & tell them that their daddy loves them with all his heart. I’m sure my not being physically present has affected them in many ways. I just pray that it’s not too late, and together we can work on healing one another.

And finally, a little relief.

The “clarification” of the Attorney General memo on medical marijuana (AKA the “Ogden Memo” has arrived. No big surprise. This administration, like the others before it, has hitched its wagon to the drug warriors.
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Press release from Drug Policy Alliance:

WASHINGTON, DC—Today, the U.S. Sentencing Commission voted to provide retroactive application of the Fair Sentencing Act, which Congress passed last year and narrowed a decades-old disparity in federal sentencing between crack cocaine and powder cocaine. The Commission’s decision to apply the sentencing guideline changes retroactive could benefit as many as 12,000 people in federal prison who could be released early, saving taxpayers as much as $240 million over the next 30 years. The Commission’s commitment to reforming this egregious practice is consistent with its history.

“Since 1995, the US Sentencing Commission has, in four reports to Congress, requested that Congress raise the threshold quantities of crack that trigger mandatory minimums in order to ease the unconscionable racial disparities in sentencing,” said Jasmine L. Tyler, deputy director of national affairs for the Drug Policy Alliance, who testified in front of the Commission on June 1, 2011 in support of retroactivity. “This vote to provide retroactive relief to the thousands of defendants whose sentences the Commission has consistently condemned for the past seventeen years.”

The Commission received more than 43,000 pieces of mail urging them to apply the Fair Sentencing Act retroactively to alleviate overcrowding in the Bureau of Prisons – currently operating at 140% capacity, and to relieve the unwarranted racial disparities in federal sentencing that has led civil rights leaders, criminologists, elected officials, and whole communities to criticize the criminal justice system. Some Republican members in the House and Senate opposed retroactivity, however, setting up a possible fight over the issue in Congress.

The historic bipartisan passage of the Fair Sentencing Act was an acknowledgement by Congress of the racial disparities that grew out of the old law. Advocates argued that a decision to not apply the law retroactively would continue an openly unequal practice.

“Imagine that the Civil Rights Act of 1964 had upheld segregation in existing schools and only mandated integration for new schools being built,” Tyler added. “Without retroactivity, that’s exactly what would happen to the Fair Sentencing Act. The Commission should be lauded for their commitment to ensuring racial justice and fairness in the federal system.”

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It’s still only a step, but an important one.

Tweet of the day from Maia Szalavitz:

116 million in chronic pain. 23.5 million with addiction. 2 nat instits on adxn, none on pain

There’s nothing wrong with caring about addicts, but there’s something extraordinarily perverse when we’re so concerned about preventing addicts from having access to drugs that we destroy the lives of many times more people, either through untreated pain or other drug war damage.

Here’s her article on chronic undertreated pain.

“I’m shocked and surprised at the magnitude of [the problem],” said Dr. Perry Fine, president of the American Academy of Pain Medicine, while attending the press conference on Wednesday announcing the release of the IOM report. He was not associated with the research.

Yet the reports’ authors said they believed that they had actually underestimated the incidence of chronic pain — that which lasts 30 to 60 days or more and takes a toll on personal and professional life — because their data didn’t include people living in settings like nursing homes. Further, as baby boomers age, the rate of chronic pain increases daily.

In a related story over at Points, Siobhan Reynolds talks about the Unconstitutional perversion of medical authority admitted to by the Department of Justice.

When questioned by District Judge Robert Jones as to why federal prosecutors believed they possessed the authority to use the CSA to criminalize the actions of DEA registrants, otherwise empowered by Oregon state law to assist in patient suicides, the DOJ offered the following justification, citing language found in a House Committee Report discussing the possible implications of the CSA for the federal regulation of medicine, using the criminal code:

“Although the Committee is concerned about the [in]appropriateness of federal prosecutors determining the appropriate method of the practice of medicine, it is necessary to recognize that for the last 50 years this is precisely what has happened, through criminal prosecution of physicians whose methods of prescribing narcotic drugs have not conformed to the opinions of federal prosecutors of what constitutes appropriate methods of professional practice.” Defendants’ Memorandum, pp. 16-17….” (Emphasis added)

District Judge Jones offered the following rebuke:

“Defendants [DOJ] cannot seriously conclude from the above- quoted language that Congress delegated to federal prosecutors the authority to define what constitutes legitimate medical practices. [FN15] To state the proposition is to refute it. Federal prosecutors have never possessed such powers, and the vagueness of the reference would render any alleged violation based on a prosecutor’s subjective views about medical practice patently unenforceable.”

And yet, to this day, prosecutors have regularly exercised such powers with impunity even though they don’t have them.

Jesse Jackson, Black Leaders Are Right About Ending the War on Drugs by Dr. Boyce Watkins in the Huffington Post

Powerful stuff:

Jesse Jackson said it best during the recent forum on the drug war.

“This is a crime against humanity. War on drugs is a war on Black and Brown and must be challenged by the highest levels of our government in the war for justice,” said the Rev. Jesse L. Jackson.

“This is government-sponsored terrorism,” Jackson said. “It raised the price on Black existence; it is an attack on the Black family; it has destroyed a generation. Those who are the least users have paid the most price because of race; those with money and attorneys have paid the least price. Those without attorneys remain behind bars today.”

“I’m here to tell you that one of the most fundamental pillars of what we see going on in our communities, this combustible caldron of genocide and death, is this war on drugs,” said Ron Daniels, CEO of the Institute of the Black World, which held the forum at which Rev. Jackson was speaking. “Why? It’s because it’s a racist war on drugs…I know many people are out there saying, ‘Why are you Negroes still talking about racism?’ That’s because we’ve been targeted for the police action – the war on drugs is a war on us.” […]

It’s time for all of us to wake up and attack the problem of mass incarceration and the drug war. If there were ever a set of realities that are reflective of the persistent racial divides that continue to plague America, this one would be it. As a man who’s biological father and older brother figure both spent time in prison, this issue is personal to me. I, like so many millions of black people across America, have experienced the hurt and pain that is caused by mass incarceration. It’s time for this system of Americanized apartheid to be brought to an end.

This is just part of a recent trend – Al Sharpton has been on news shows speaking out against the drug war. The fact that LEAP’s director Neill Franklin can speak as both a police officer and an African American is powerful as well.

Getting the black community to mobilize against the drug war is a potent step.

No, this isn’t about recent legislation in New York.

It’s about Barney Frank and Ron Paul, and Willie Nelson and The National Review.

Those of us following drug policy regularly know that sanity in drug policy is not necessarily a liberal or conservative thing — in fact, for the most part, both liberal and conservative politicians have shown no sanity at all. Sanity in drug policy is simply about sanity, not about party or political leaning.

National Review and Willie Nelson Unite for Pot Legalization at the Atlantic Wire

The characteristically liberal National Organization for the Reform of Marijuana Legalization (NORML) and incredibly conservative National Review seem like strange bedfellows, but they’re not. On Monday, NORML posted a link to a National Review editorial that attracted hundreds of likes and dozens of comments. “You know it’s a strange day when the National Review calls Lamar Smith out for his mistakes,” writes one commenter of the Republican chairman of the House Judiciary Committee who has vowed to block Barney Frank and Ron Paul’s bill to end federal prohibition pot.

Right on Marijuana at the National Review

The War on Drugs, which is celebrating its 40th year, has been a colossal failure. It has curtailed personal freedom, created a violent black market, and filled our prisons. It has also trampled on states’ rights: Sixteen states have legalized “medical marijuana” — which is, admittedly, often code for legalizing pot in general — only to clash with federal laws that ban weed throughout the land.

That last sin is not the War on Drugs’ greatest, but it is not insignificant, either. A bill introduced by Reps. Barney Frank (D., Mass.) and Ron Paul (R., Texas) would remove the federal roadblock to state marijuana reform, and though the Republican House seems almost certain to reject it, the proposal deserves support from across the political spectrum.

Willie Nelson:

As many of you know, Drug WarRant was offline pretty much the whole day.

No, the FBI or the DEA didn’t shut me down. Drug WarRant wasn’t being censored. My domain hadn’t been seized.

In fact, the actual reason was due to one of you, and some serious incompetence on the part of server hosting staff.

It’s a tawdry story, but if you’re interested, you can read it after the jump.

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McAllen buys $150,000 SWAT vehicle

With 11 gun ports, a rotating turret and room for 10 officers, the modified Ford F-550 will help city police handle high-risk calls, police Chief Victor Rodriguez said. Cash and other assets seized during police operations will cover the emergency service unit’s $150,000 price tag. […]

The Hidalgo County Sheriff’s Office already owns a Ballistic Engineered Armored Response vehicle — commonly referred to as BEAR — built by Lenco Industries of Pittsfield, Mass. Purchased in 2009 with federal funds, the BEAR cost $346,000.

McAllen sought a smaller, faster vehicle for city use, Rodriguez said.

Why does a police department need 11 gun ports and a rotating turret for city use?

If and when you actually get into those kinds of firefights, shouldn’t that be the time to call in the National Guard?

There are critically important reasons that police serve a different purpose and should operate in a different manner than the military. A militarized police force is a serious blow to a free society.

Some of you may be aware that I am involved in a lot of different interests and pursuits. One of them has been as photographer and Artistic Director of The Living Canvas. It started out as photography of the human body primarily using projections as the source of light (textures and other images interacting with the human form). Later it also evolved into a performance art form utilizing everything from dance, movement, and combat to Shakespeare and original stories exploring new territories.

The performers are all naked, yet clothed by the ever-changing projections. Each show is a collaboration with a lot of artistic partners, including a cast drawn from a wide range of interests and skills.

This year’s show — The Living Canvas: Rain — opens Friday at National Pastime Theater in Chicago, and will be running Fridays and Saturdays at 10 pm through August 20. Tickets are $20 and available at NakedJuly.com. I’ll be there almost all the performances leading the Q and A after the show. Check it out if you get a chance. If you have friends in Chicago, let them know about it.

Here are some reviews of past shows:

“Intriguing and fanciful… feast for the eyes.” — Hedy Weiss, Chicago Sun-Times

“Intensely peculiar and mesmerizing… It’s riveting.” — Nina Metz, Chicago Tribune

“Stoners, Dali fans, sensualists of every stripe, this show’s for you. Sober or otherwise, you’ll find the visual pleasures of Guither’s idiom considerable.” — Brian Nemtusak, Chicago Reader

“‘The Living Canvas’ is as powerful as it is beautiful. Pete Guither has once again made his mark on modern theatre, this time pushing the envelope of artistic creativity to new realms … As part of National Pastime Theatre’s Naked July Festival, Guither ingeniously showcases his ability to intertwine the beauty of the naked body with flowing motion, mesmerizing projections and a riveting storyline that invokes a wide range of emotions.” — Buzz Magazine

In other traveling news, in addition to being in Chicago every weekend, I’ll be traveling to Indianola Iowa to celebrate my Mom’s 89th birthday on July 4th, and to Quincy, Illinois to celebrate my Dad’s 89th birthday on July 7th. July 10-12 I’ll be in Los Angeles to get together with some alumni friends, and later in July, I’ll be judging an independent film festival that I’m sure I’ll talk about later.