"Who would believe that a democratic government would pursue for eight decades a failed policy that produced tens of millions of victims and trillions of dollars of illicit profits for drug dealers, cost taxpayers hundreds of billions of dollars, increased crime and destroyed inner cities, fostered widespread corruption and violations of human rights - and all with no success in achieving the stated and unattainable objective of a drug free America?“ - Milton Friedman, winner of 1976 Nobel Memorial Prize for economic science How We Got Into This Mess and the Special Interests That Keep Us Here Suzanne Wills Drug Policy Forum of Texas Email - suzy@dpft.org Slides created by Nathan Kohler Serving the public by providing information and expert opinion about legal and illegal drugs and the issues surrounding them. http://www.dpft.org/ 1906 Pure Food & Drugs Act U. S. Postal Service commemorative stamp issued January 15, 1998. George Washington reportedly used laudanum to ease the pain caused by his ill fitting dentures. It was easily available until 1914. 45% alcohol with 2.964 grams of opium per fluid ounce http://wings.buffalo.edu/aru/preprohibition.htm Dr. Hamilton Wright Set out to eradicate opium use – Harrison Narcotics Act – The creation of addict as a criminal – Was a severe alcoholic - Supported by temperance movement - Financially supported by wife, Elizabeth Washburn Wright – In 1910 there were 12,000 temperance leagues with 248,343 members. By 1920 membership had risen to 345,949. Source: Norton Mezvinsky, "The White Ribbon Reform, 1874-1920” “The really serious results of this legislation… will appear only gradually and will not always be recognized as recognized as such. These will be the failure of promising careers, the disrupting of happy families, the commission of crimes which will never be traced to their real cause, and the influx into hospitals for the mentally disordered of many who would otherwise live socially competent lives.” New York Medical Journal, 1915 Harry J. Anslinger, Commissioner of Federal Bureau of Narcotics, 1930-1962 "... the primary reason to outlaw marijuana is its effect on the degenerate races." 1937 http://www.conquestdesign.com/uncler/index.html Distribution of Cannabis sativa L. Selected Weeds of the United States. Agriculture Handbook No. 366. http://www.hempology.org Reefer Madness, was produced in 1936 with the close collaboration of the Bureau of Narcotics. - Marijuana Tax Act of 1937 ‘…to levy a token tax of approx. $1 on all buyers, sellers, importers, growers, physicians, veterinarians, and any others who deal in marijuana commercially, prescribe it professionally, or possess it.’ - 5 years prison and/or $2000 fine - Doctors had to report to Bureau of Narcotics on patients or both would be fined/ jailed - Made marijuana unprofitable as a pharmaceutical product Source: FBI, Uniform Crime Reports, Crime in the United States, annually. http://www.ojp.usdoj.gov/bjs/dcf/enforce.htm UNITED STATES DEPARTMENT OF JUSTICE Drug Enforcement Administration _______________________________________ ) In The Matter Of ) ) Docket No. 86-22 MARIJUANA RESCHEDULING PETITION ) ______________________________________) OPINION AND RECOMMENDED RULING, FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION OF Administrative LAW JUDGE. FRANCIS L. YOUNG, Administrative Law Judge DATED: SEP 6 1988 …There is no record in the extensive medical literature describing a proven, documented cannabis-induced fatality. …Marijuana, in its natural form, is one of the safest therapeutically active substances known to man. “In several states, marijuana smoking exceeds tobacco smoking among young people….” John Walters Director of the Office of National Drug Control Policy (the drug czar) National Review, September, 2004 Fumigated food crops in Colombia. Photo by Sanho Tree, Institute for Policy Studies. Tobacco kills over 400,000 people in the U.S. every year and millions more worldwide. Inscribed: To Governor Ray Shafer ...from his devoted friend Richard M. Nixon http://shafer.allegheny.edu/figures.html The Shafer Commission issued its report on marijuana policy on March 22, 1972Washington, DC - A Presidential commission's report recommends that marijuana be legalized. The Commission concluded that marijuana users "are essentially indistinguishable from their nonmarijuana using peers by any fundamental criterion other than their marijuana use." They found that, "Neither the marijuana user nor the drug itself can be said to constitute a danger to public safety." The Commission recommended "Decriminalization of possession of marijuana for personal use on both the state and federal levels." The Report of the National Commission on Marihuana and Drug Abuse Marihuana: A Signal of Misunderstanding Commissioned by President Richard M. Nixon, March, 1972 "...the creation of ever-larger bureaucracies, ever-increasing expenditure of monies and an outpouring of publicity so that the public will know that 'something' is being done. Perhaps the major consequence of this ... has been the creation of a vested interest in the perpetuation of the problem among those dispensing and receiving funds ... In the course of wellmeaning efforts to do something about drug use, this society may have inadvertently institutionalized it as a never-ending project." 50 25 40 20 30 41% 15 20 23% 10 10 17% 0 USA Europe Proportion of 10th graders who report ever having used marijuana/cannabis by region 5 6% 0 USA Europe Proportion of 10th graders who have used any illicit drug other than cannabis by region European Survey Project on Alcohol and Drugs (ESPAD), Feb, 2001 (1985) http://www.unodc.org/pdf/trends2003_www_E.pdf (2002) DEA Briefing Book 2001 http://archive.aclu.org/graphics/forfeiture_ad_sm.jpg Barry McCaffrey Director of Office of National Drug Control Policy, 1996 - 2001 U.S. Prisons More than $55,000,000,000 a year More than 2,000,000 prisoners Source: 2003 ONDCP National Drug Control Strategy 2002 National Survey on Drug Use and Health Percent of high school seniors reporting they could obtain drugs fairly easily or very easily, 2003 Marijuana 87.1 % Amphetamines 55.0 Cocaine 43.3 Crack 35.3 Barbiturate 35.3 LSD 33.6 Tranquilizers 29.8 Heroin 27.9 Crystal methamphetamine 26.1 PCP 21.9 Amyl/butyl nitrites 19.7 Source: University of Michigan, Monitoring the Future National Results on Adolescent Drug Use: Overview of Key Findings 2003, 2004 http://www.ojp.usdoj.gov/bjs/dcf/du.htm#Availability George McMahon Nail Patella Syndrome Irvin Rosenfeld-Bone disorder Elvy Musikka Glaucoma patient Corrine Millet-glaucoma patient Barb Douglass-multiple sclerosis patient Two patients maintain anonymity. Conant vs. McCaffrey (later vs. Walters) established physicians’ right to discuss Cannabis with their patients. Dr. Marcus Conant Lead plaintiff Angel Raich suffers from scoliosis, a brain tumor, chronic nausea, fatigue and pain. The Supreme Court will hear Ashcroft vs. Raich this winter to rule on her right to use cannabis as a medicine. Angel and Robert Raich “The undertreatment of pain in hospitals is absolutely medieval.” Dr. Russell Portnoy Pain Center at Sloan Kettering Memorial Hospital “…The use of pain medications has become a crime story when it…should be a healthcare story.” Dr. David E. Joranson, University of Wisconsin Medical School Heroin injection has often been the ignition point for AIDS outbreaks in third world cities. The clinic in Bern, Switzerland is in this building "I know of no other crime prevention program with such a big reduction in theft and other serious crimes." Martin Killias, Institute of Police Science and Criminology In year 2000 dollars 55 pounds of heroin was worth $128,000 on the legal market. www.nagoya-customs.go.jp/. ../images/heroin. It was worth $3.7 million on the illegal market. Source: St. Petersburg Times July 31, 2001 “I find that a policy of prohibition fails to deliver reductions in drug use or supply, provides incentives for increased crime, profits for criminal endeavour and an environment of mistrust and ignorance that is socially and educationally counterproductive. “ Eddie Ellison, the former operational head of Scotland Yard's Drug Squad http://eddie.gn.apc.org/index.php?pID=1 Special Interests All federal agencies The defense industry The pharmaceutical industry The advertising industry and the media The prison industry The tobacco and liquor industries The drug testing industry The drug treatment industry The home security industry The timber industry The international illegal drug cartels The federal bureaucracy MDMA and INcredible research Meth-ylenedioxymethamphetamine Alexander T. Shulgin, Ph.D. Dr. Shulgin is a chemist, researcher, and author. With his wife, Ann, has authored the books PIHKAL and TIHKAL. Oakland psychologist and psychotherapist Leo Zeff, "the Johnny Appleseed of MDMA." The husband and wife “research” team Dr. George Ricaurte The John S. Hopkins Medical institute Dr. Una McCann National Institutes on Drug Abuse This is what the brain thinks of Ecstasy..... Any Questions? “Irretreviably flawed.” New Scientist, April 20, 2002 The Perils of “Ecstasy” Senator Joseph Biden, (D) Delaware Source: Science, Vol 301, Issue 5639, 1479 Date: 12 September 2003 Retraction We write to retract our report "Severe dopaminergic neurotoxicity in primates after a common recreational dose regimen of MDMA ("ecstasy")" (1), following our recent discovery that the drug used to treat all but one animal in that report came from a bottle that contained (+)methamphetamine instead of the intended drug, (±)MDMA. Notably, (+)-methamphetamine would be expected to produce the same pattern of combined dopaminergic/serotonergic neurotoxicity (2) as that seen in the animals reported in our paper (1). BE CAREFUL Ecstasy is illegal and a conviction for possession can carry long prison sentences. Frequent or high doses have been linked to neurotoxic damage in laboratory animals. It is still unknown whether such damage occurs in humans or, if it does, whether this has any long-term, negative consequences. Some people experience depression after taking MDMA. This is caused by MDMA's action on certain brain chemicals. There have been some deaths associated with MDMA. Usually these have been a result of heatstroke from dancing for long periods of time in hot clubs without replenishing lost body fluids. Much of what is sold as "ecstasy" on the black market actually contains other drugs, some of which can be more dangerous than MDMA, like PMA, speed, DXM and PCP. Mixing ecstasy with alcohol or other drugs increases the risk of adverse reactions. The defense industry Plan Colombia A farmer dries his cocaine base in the sun in Monserrate. Photograph by Carlos Villalón http://magma.nationalgeographic.com/ngm/0407/feature2/zoom4.html 2000 Plan Colombia bill-$1.3 billion $1.1 billion to buy helicopters $200 million to spray crops with glyphosate Bell’s Huey II Sikorsky’s Black Hawk Each year the cocoa crop and the fumigation campaign move further into the Amazon jungle with disastrous results to its ecosystem. Destroyed peanut crop in Colombia. http://www.nadir.org/nadir/initiativ/agp/free/colombia/presspack 500-mile oil pipeline, partly owned by Occidental Petroleum Company of California www.amazonwatch.org "Thus far we have not seen a change of availability in the United States." John Walters, August 4, 2004 Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator Jan Egeland addressing the Security Council. Jan Egeland has described Colombia as “the biggest humanitarian problem, human rights problem, the biggest conflict in the Western Hemisphere.” The pharmaceutical industry Medical marijuana James E. Burke Chairman of Johnson & Johnson 1976-1989 Chairman of PDFA 1989-2002 Funding Sources 2000/2001 Primary Core support The Robert Wood Johnson Foundation Gifts up to $1,000,000 James E. and Didi Burke MetLife Foundation The Starr Foundation State of California Dept of Alcohol & Drugs Gifts up to $100,000 Bristol-Myers Squibb Foundation Comcast Cable Communications Consumer Healthcare Products Assoc Eastman Kodak Company HJ Heinz Company Foundation IBM Johnson & Johnson Eastman Kodak Company Pfizer Foundation, Inc. The Procter & Gamble Fund Schering-Plough Corporation Source: PDFA Annual Report 2001-2002 “’PhRMA’,” this lobby has a death grip on Congress”. Summer, 2002 Pharmaceutical corporations save millions of dollars every day that they avoid generic competition. After 19 major surgeries and hundreds of pharmaceutical drugs, George McMahon now uses only Cannabis to control his Nail Patella Syndrome. The advertising industry and the media “On strategy” content and the National Youth Anti-Drug Campaign November 14, 1996 meeting at the offices of then drug czar Gen. Barry McCaffrey: Drug Enforcement Administration Department of Justice White House Office of Drug Control Policy Department of Treasury Department of Education Department of Health and Human Services The White House Eight senior executives from private pro-drug war groups, including The Partnership for a Drug Free America Parade received more than any other publication for “on strategy” messages in its content. Advertising Hall of Achievement 2003 Photo Gallery First on the left is Stephen Pasierb, President Partnership for a Drug-Free America Media Campaign Appropriations, by Fiscal Year ($ in millions) War on Drugs: The National Youth Anti-Drug Media Campaign by Mark Eddy Year Authorized Adminis- House tration passed request Senate passed Final 1998 $195.0 $175.0 $195.0 $110.0 $195.0 1999 $195.0 $195.0 $185.0 $110.0 $185.0 2000 $195.0 $185.0 $195.0 $ 96.5 $185.0 2001 $195.0 $185.0 $185.0 $ 98.7 $185.0 2002 $195.0 $185.0 $180.0 $185.0 $180.0 2003 $ 0.0 $180.0 $170.0 $100.0 $150.0 2004 $ 0.0 $170.0 The prison industry 5% of the world’s people 25% of the world’s prisoners http://www.aca.org/Conferences/ Cromwell Architects Engineers Val Verde County Jail Facility Del Rio, Texas http://www.corrections.com/ Unit Locations 30 25 20 15 10 5 0 Harris Dallas Tarrant Bexar Travis Of the 55,183 Texas prisoners returned to their homes during 2001, 59% returned to just 5 counties. Wackenhut Corrections Corporation “In Lockhart, Texas, we operate work program facilities for the Texas Department of Criminal Justice-Parole Division. As there is an inverse relationship between marketable job skills and the incidence of incarceration, we have recruited private industry to establish factories within the facilities, train offenders in appropriate skills, and pay them for their labor under the Prison Industry Enhancement Certification Program (PIECP) program. “ Source: www.wcc-corrections.com http://www.prisonpolicy.org/graphs/privateprisons19872001.shtml “Today, CCA is the sixth largest corrections system in the country, coming just after Texas, California, the federal government, New York, and Florida.” Congressman Pete Sessions outlines a plan to introduce a bill requiring a mandatory life sentence for anyone caught and involved in the manufacture of methamphetamine in the United States as Rep. Mark Souder listens. Sessions and Souder were at West Mesquite High School Monday to give a status report to residents on the Northeast Texas fight against drugs. Michael Marshall Staff photo The Mesquite News, July 24, 1997 Average sentences for federal convictions (in months) 80 70 72.7 60 65.2 50 40 30 34.3 37.7 20 10 0 Drug trafficking Manslaughter Assault Sexual abuse Report of American Bar Association Justice Kennedy Commission, June 2004 Loren Pogue 22 years for failing to stop the sale of a piece of real estate from a paid informant to under-cover DEA officers after they said they would build an airstrip and fly in drugs. Now held in the Federal Medical Center in Ft. Worth. http://www.hr95.org/hr95faces.html World rank in public safety indicators (Higher rank indicates greater public safety) Source: Economic and social data ranking, European Institute of Japanese Studies 30 25 20 Homicides Assaults Thefts 15 10 5 0 UK Canada Netherlands USA Switzerland Correctional Populations in the United States, 1997 and Prisoners in 2002 U.S. Department of Justice Bureau of Justice Statistics http://www.prisonpolicy.org/graphs/illiteracy.shtml Serving three consecutive life sentences without possibility of parole for introducing a friend to a drug dealer. Clarence Aaron http://www.hr95.org/hr95faces.html Serving 3 LIFE sentences + 20 years “…They didn't want me for anything… they wanted my husband… I couldn't tell them what I did not know." Danielle Metz http://www.hr95.org/hr95faces.html Percentage of males born in 2001 who can be expected to serve time in their lifetimes 35.00% 30.00% 32.2% 25.00% 20.00% 15.00% 16.7% 10.00% 5.00% 0.00% 5.9% White Hispanic African-American Report of American Bar Association Justice Kennedy Commission, June 2004 http://www.prisonpolicy.org/graphs/juveniles.shtml 164,222 inmates June, 2003 Texas spends $1.45 million a day keeping adult drug offenders locked up. Number of Texas prison inmates per Texas Department of Criminal Justice 180000 160000 140000 120000 100000 80000 60000 40000 20000 0 1970 1980 1990 2000 2004 Texas prisoners per 100,000 population 800 700 600 500 400 300 200 100 0 1970 1980 1990 2000 2004 Texas Tough: Three Years Later by Vincent Schiraldi & Jason Ziedenberg http://www.justicepolicy.org/article.php?id=134 (22%) (51%) Texas prisoners by offense Texas Dept. of Criminal Justice, August, 2002 50 45 40 46% 35 30 25 24% 20 19% 15 10 11% 5 0 Violent Property Drugs Other General population per 2000 census Prison population per Texas Dept of Criminal Justice, August 2002 60 50 52.4% 40 30 41% 31% 32% 27% 20 10 0 Gen. pop. Prisoners 11.5% White non-Hisp Hispanic AfricanAm 4.1% 1% Other “Our resources are misspent, our punishments too severe, our sentences too long.” Supreme Court Justice Anthony Kennedy to the American Bar Association, August, 2003 Essential public policy objectives Enhanced public order and reduced crime. Improved public health. Protection of children. Efficient use of scarce public resources. The War on Drugs has not only failed to fulfill any of these objectives, but also has exacerbated the very problems it was designed to address. King County Washington Bar Association, Drug Policy Project, 2001 Sources: History of US drug policyDrug Crazy by Mike Gray Drug War Facts, www.csdp.org/factbook/ The Netherlands website, 2001 F.E.A.R. Foundation, www.fear.org The Dallas Morning News National Institute on Drug Abuse Texas Dept. of Criminal Justice Texas Higher Education Coordinating Board Criminalization of Drug Use by Joseph D. McNamara, D.P.A., Psychiatric Times Sept 2000 Vol. XVII Issue 9 Why Our Drug Laws Have Failed by Judge James P. Gray Judge James P. Gray, April 25, 2001 speaking in Austin, Texas Gov. Gary Johnson, June 2, 2001 to the Drug Policy Foundation Conference Jan van der Tas and Robert Haeming, June 2, 2001 to the Drug Policy Foundation Conference Sources: History of US drug policyDRCNet, #192, 6/29/01and #193, 7/6/01 St. Petersburg Times, July 31, 2001 Time, August 20, 2001, Europe Goes to Pot The Economist, July 28-August 3, 2001, A Survey of Illegal Drugs Asia Times, December 13, 2001 NORML Foundation news release, 10-27-02 California NORML survey, 2002 Beth Kelly, RN, Dallas Morning News, 6-15-03 Youth Risk Behavior Survey, U.S. Centers for Disease Control and Prevention, May 21, 2004 NATIONAL REVIEW/ JULY 12, 2004, “AN END TO Marijuana Prohibition” by Ethan A. Nadelmann NewScientist.com news service, 06 July 04, “World AIDS crisis deepens and spreads” “The Global AIDS Threat,” GREG BEHRMAN & PRINCETON LYMAN Dallas Morning News, July 31, 2004 “Cannabis 'preferred to other medications,” Miranda Wood, Health Reporter Sydney Sun-Herald Sources: MDMAThe Vaults of Erowid http://mdma.net/index.html, “UTOPIAN PHARMACOLOGY” “Peter Jennings Reporting: Ecstasy Rising,” ABC, 1 April, 2004 “Ecstasy: How Dangerous Is It Really?” New Scientist, 20 April 2002 Julie Holland, MD, Lindesmith MDMA Seminar, 3/30/00 NYC Ricaurte MDMA Research Controversy, The Multidisciplinary Association for Psychedelic Studies Drug Policy Alliance, “Anti-rave bills” Sources: The defense industryThe Dallas Morning News Foreign Policy in Focus, March, 2001 Sanho Tree, June 2, 2001 to the Drug Policy Foundation Conference Noam Chomsky, Z Magazine Reuters, Monday, May 10, 2004 “Drug czar admits operation is having little impact in U.S.,” Dan Molinski, Houston Chronicle, August 6, 2004 Sources: The pharmaceutical industryPDFA, www.drugfreeamerica.org Salon.com, 27 Jul 2000, Fighting “Cheech & Chong” Medicine The Nation, The Partnership: Hard Sell in the Drug War, 9 Mar 1992 Molly Ivins, The Fort Worth Star Telegram, Drug industry shenanigans should make us sick Marihuana, The Forbidden Medicine by Lester Grinspoon, MD and James Bakalar The Dallas Morning News ABC News; CBS News New York Times, July, 2000 G. Alan Robison, PhD., Executive Director DPFT New York Times, 21 Nov 2002, “Drug Industry Seeks Ways to Capitalize on Election Success” New York Times, 1 June 2003, “Drug companies Increase Spending to Lobby Congress and Governments” by Robert Pear Public Citizen, June 2003 New York Times, June 27, 2004, “As Doctors Write Prescriptions, Drug Company Writes a Check” by Gardiner Harris “Cannabis 'preferred to other medications,” Miranda Wood, Health Reporter, Sydney Sun-Herald Sources: The advertising industry and the mediaSalon.com, 27 Jul 2000, Fighting “Cheech & Chong” Medicine Salon.com, 31 Mar 2000, The Drug War Gravy Train; 08 August, 2001, American School Kids The Dallas Morning News The Houston Chronicle Rev. Robert Schaibly, First Unitarian Universalist Church, Houston, TX Salon.com, 3 Jul 2001, The Quiet Death of Prime-time Propaganda “War on Drugs: The National Youth Anti-Drug Media Campaign” by Mark Eddy “BUYING INITIATIVES” by Dan Forbes, 2003-06-01 New York Times, October 16, 2003 Sources: The prison industryAtlantic Monthly, Dec. 1998, The Prison-Industrial Complex by Eric Schlosser Nora Callahan, May 14, 1999 to the Drug Policy Foundation Conference The Dallas Morning News “Building More Prisons is Not the Answer” by Hubert Beyer Shrub by Molly Ivins and Lou Dubose The Netherlands website, 1998 Drug War Facts, www.csdp.org/factbook/ Justice Policy Institute report, August, 2002 Michael Schwartz, Daily Bruin, UCLA, January 31, 2001 Why Our Drug Laws Have Failed by Judge James P. Gray Judge James P. Gray, April 25, 2001 speaking in Austin, Texas The Sentencing Project “Costly, counterproductive, crazy” by Joseph D. McNamara, Nov. 17, 2002 Orange County Register “Surge in inmates seen on horizon” By ED TIMMS / The Dallas Morning News, 01/15/2003 “Prison not always answer” 05/29/2003 By RAY ALLEN and JOE DESHOTEL, Dallas Morning News “BEHIND BARS: Too many in prison; too little care and prevention” April 24, 2003, Houston Chronicle Sources: The Prison Industry- “Why America's prisoners are getting blacker and browner” By SILJA JA TALVI Michele Deitch:”Prison statistics should make Texans feel uneasy “ 09/08/2002 DMN The Drug Policy Alliance, Race and the Drug War, www.dpf.org “America’s Prison Habit,” by Alan Elsner, Washington Post, 24 Jan 2004 “Texas re-examines its throw-away-the-key approach,” by Kate Coscarelli, New Jersey StarLedger, 7 Feb 2004 “Lock-'Em-Up Logic Fails On All Fronts,” by CaI Thomas, Tribune Media Services, November 15, 2003 “Study Finds Hundreds of Thousands of Inmates Mentally Ill,” by Fox Butterfield, New York Times, 22 Oct 2003 "The New Landscape of Imprisonment: Mapping America's Prison Expansion," by Jeremy Travis, Urban Institute, 29 April 2004 America’s Prison Habit, Alan Elsner, 24 January 2004 “Throwing money at this war and losing it” by Lionel Van Deerlin, 22 October 2003 “With Longer Sentences, Cost of Fighting Crime Is Higher” by Fox Butterfield, NYT, 3 May 2004 “It's time to reform the war on drugs,” WALTER CRONKITE, The Daily Herald, 8 Aug 2004 Federal Bureau of Prisons, 24 July 2004 Texas Dept of Criminal Justice, FY 2002 statistical summary Texas QuickFacts from the US Census Bureau, 2000 and 2003