Retired judge says it is time to end war on marijuana.

David A. Nichols was a Whatcom County, superior court judge for 20 years, retiring in 2004. [Washington State (Seattle is Christchurch Sister City) ]

DAVID NICHOLS – THE BELLINGHAM HERALD

Posted on Saturday, Mar. 21, 2009

A recent letter to the editor argued against reforming marijuana laws, missing the mark entirely in my opinion. After serving as a Whatcom County superior court judge for 20 years, I can assure you that the prohibition of marijuana has been a colossal failure. Arresting, prosecuting, and jailing people are an expensive and ineffective way to address a public health issue.

We should take a lesson from recent anti-tobacco public education campaigns targeted at youth. Youth initiation rates of cigarette smoking have plummeted in recent years, both in Washington and nationwide. We did not have to arrest a single cigarette smoker to accomplish these successes.

It is time we take a hard look at the irrefutable fact that marijuana prohibition is causing more harm than good. I think we can do better. That is why I support Senate Bill 5615, which has been introduced in the Washington state Legislature. This bill would make adult possession of small amounts of marijuana a civil infraction instead of a misdemeanor crime. The state estimates that the bill would save Washington taxpayers over $16 million each year, and the experience of the 12 other states who have already taken this step demonstrates no negative impact to their communities.

It is my fervent belief that this state and nation must come to recognize that continuing to treat drug users as criminals perpetuates an evil that rewards the drug sellers and corrupts our society. Until we honestly and appropriately deal with the entire drug issue as a health problem analogous to tobacco or liquor, and not as a “war” we cannot win, we will continue to reap the whirlwind of huge world-wide illegal drug profits which are costing us billions, threatening the stability of nations, causing soaring crime rates and diverting money which is sorely needed elsewhere.

The pending legislation in Olympia is a first step toward a rational approach to the drug problem and deserves to be supported by all of us.

With the exception of a few brave souls willing to stake their careers on speaking out, the nation and world are mystifyingly deaf and mute to the reality that the “war on drugs” not only is not working; it is having the opposite effect of escalating the problem exponentially.

The present generation has forgotten that emotions also ran rampant in the years leading up to Prohibition. Convinced that alcohol was evil and that society would be ruined if it were not outlawed, Congress was persuaded to pass legislation which had the inevitable result of encouraging the black market to flourish, allowing organized crime to gain a foothold which it has never relinquished, to seize control and enjoy huge profits, requiring the creation of colossal state and federal police forces to combat the crime and wasting millions of dollars, only to be repealed when enough people realized that the efforts were availing nothing. We now sensibly have liquor under state control, and treat addiction as a health problem.

We have also been smart enough to treat tobacco use the same way. Cigarettes are regulated but not proscribed. We have left it to the culture to censure cigarette smoking, which has been far more effective than if we criminalized their use.

Why cannot we understand that, even though alcohol and nicotine abuse cause far more damage and loss of productivity to our society than do drugs, by not criminalizing their use but treating their misuse as a health problem instead of a crime has allowed us to avoid all the problems that now beset us as we wage the “war on drugs?”

If we ever want to stop the craziness and futility of our present anti-drug approach, we must de-criminalize possession and use of all drugs. Education, addiction treatment and state regulation need to replace arrests, trials, jail sentences, growth of cartels and drug gangs, corrupt government institutions, and the mindless head-bashing against brick walls that characterize what we are doing now.

It will never work. It didn’t work in the past. If we would only study the past, maybe we would not be condemned to repeat it. Read More…

Dave is also an excellent artist having exhibited throughout Northwest. His art may be viewed (here and) at the Blue Horse Gallery in Bellingham, The Insights Gallery, Anacortes, WA & the Seaside Gallery, Laconner, WA.

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Random Selection or Clinicians Falacy?

Image via Wikipedia

Study sheds light on youth drug abuse [NZPA]

(a) A study into youths attending alcohol and drug treatment services &
(b) of those attending & drop out rate from treatment as high as 50 percent due mainly to disciplinary issues.
(c) youths were referred by schools, health services, family or the justice system, with only a “very small minority” referring themselves

(d) The study was drawn from the clinical records of 184 randomly selected people

Random sample or Clinicians Falacy?

—
Blair Anderson ‹(•¿•)›

Tuesday, 10 February 2009
Study sheds light on youth drug abuse
A study into youths attending alcohol and drug treatment services has found more than half have mental health problems and 40 percent have been in state care during their lives.
The study by Otago University‘s Christchurch National Addiction Centre found that males made up 62 percent of those attending.
It found 56 percent of those referred had criminal convictions, 40 percent had been in Child Youth and Family care at some stage, and nearly 54 percent had substance use and mental health problems.
European New Zealanders made up 51 percent, Maori 37 percent and Pacific Islanders 8 percent.
The study was drawn from the clinical records of 184 randomly selected people between the ages of 13 and 19 years.
The majority of the youths were referred by schools, health services, family or the justice system, with only a “very small minority” referring themselves.
The study found a possible shortage of beds for females in residential drug and alcohol treatment – possibly accounting for their lower numbers.
It also found a drop out rate from treatment as high as 50 percent due mainly to disciplinary issues.
The study’s authors said one way to combat that would be to involve youths more in developing their own treatment plans.
Lead investigator Dr Ria Schroder said the study showed there were complex issues to deal with in treating youths with drug and alcohol problems including mental health issues, family conflict and disengagement from school.
“These results show the kinds of young people who use these services and the complex issues that they, and the treatment services, must deal with,” Dr Schroder said.
“One of the issues that these findings highlight, and which probably needs further attention, is the extent to which staff have the skills to respond to the very complex needs and difficult problems of these young people.”
The study – the first of its kind in New Zealand – has been published in the Australian and New Zealand Journal of Psychiatry. – NZPA

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Sugar Addictive? Couldn’t be?

Image via Wikipedia Study Suggests Sugar May Be Addictive – “changes in the brain seen in people who abuse drugs such as cocaine and heroin”

“Our evidence from an animal model suggests that bingeing on sugar can act in the brain in ways very similar to drugs of abuse,” lead researcher Bart Hoebel, a professor of psychology at Princeton University, said. “Drinking large amounts of sugar water when hungry can cause behavioral changes and even neurochemical changes in the brain which resemble changes that are produced when animals or people take substances of abuse. These animals show signs of withdrawal and even long-lasting effects that might resemble craving,” he said. Dr. Louis Aronne, director of the Comprehensive Weight Control Program at New York-Presbyterian Hospital/Weill Cornell Medical Center in New York City, added: “The big question has been whether it’s just a behavioral thing or is it a metabolic chemical thing, and evidence like this supports the idea that something chemical is going on.” The stages of addiction, as defined by the American Psychiatric Association, include bingeing, withdrawal and craving. / Monday, 15 December 2008, 5:17:18 a.m. Nomen

SO how would arrest, detention, inquisition, victimisation, labeling, public humiliation and punishment help? How can the latter argument be sustained for cannabis, a non-addictive health food additive where [any] binging, withdrawal and craving is a product of prohibitions set and setting?

Meanwhile unresolved is the tenuous ANZAC ‘herbals’ medicines act…

Class D for herbal psychoactive recreational drug use… is ‘Labours’ partial prohibition. Good move Helen.

[Doh!, Where does the bulk of NZ’s sugar come from?]

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Distinguish Use and Misuse.

‘We must distinguish between drug use and misuse’ – Fr Peter McVerry

SOCIETY needs to make a distinction between drug use and drug misuse and should consider the legal supply of drugs. [29Oct2008]

Image by dogwelder via Flickr

This call was made by veteran homelessness campaigner Fr Peter McVerry in a speech at a conference on drugs last night. Fr McVerry said adults should take a “long and critical” look at their own drug use, namely alcohol and prescription drugs, such as valium. “It is hypocritical to expect our young people to stay away from drugs, when we adults won’t,” he told the conference, organised by the Addiction Training Institute.

He said adults had fostered a culture of consumerism and individualism, which did not value young people for what they were and destroyed their sense of community. The Jesuit priest, who has worked with homeless young people for 30 years, said he had seen the “devastation” caused by illegal drugs, particularly heroin and cocaine. “I spend much of my time helping young people to come off drugs. As a priest, I bury, on average, one young person a month who has died from a drug overdose, some of whom I would have been very close to.” But he said there was a massive difference between drug user per se and drug misuse. Image by hippydream via Flickr

“I do it along the lines of alcohol. Many people use alcohol but it doesn’t have any dire consequence for themselves or for anybody else and people can use drugs without it having any dire consequences for themselves or anyone else, whereas the misuse of drugs is where drugs have consequences for oneself, one’s family or one’s community.”

He said 98% of those who experiment with drugs do not go on to misuse them. “If you want to find out why young people take drugs, go into any pub any night of the week and ask the adults why they take alcohol. The reasons are the same.

Adults would say we take alcohol in order to relax, as a focus for socialising, in order to escape from the pressures of life and to alter our moods. We take alcohol because we enjoy it. Young people take drugs for exactly the same reasons.”

He said Ireland’s response to illegal drugs has been a predominantly criminal justice approach, which he was “particularly inappropriate” for drug users, who should be helped by way of prevention and education.

He said criminal justice responses should be secondary in dealing with drug misusers, who should be first helped from a social and medical point of view. Fr McVerry said public discussion of drugs was dominated by either a climate of fear or a moral climate. “It would appear to me that the legalisation of drugs must be, at the very least, on our list of policy options to be discussed. If we accept that drugs are here to stay, as I think we must, then our priority ought to be ‘controlling the supply of drugs’.”

He said legalising drugs in the model of alcohol would be a “total disaster” and that their supply would have to be tightly controlled. “We often forget — or are unaware — that we have already legalised one drug, methadone. Methadone is a highly dangerous drug and even more addictive than heroin.”

He said he appreciated that legalising, or controlling the supply of drugs, was politically unrealistic.

• Evidence of ‘risk-taking’ brain
• The Economic Costs of Alcoholism and Drug Abuse
• New Study Blames Prescription Drugs for Bulk of Fatal Overdoses

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Election 08 – Whose Servant Am I ?

Image by Mr Jaded via FlickrRace and the ‘war on drugs‘ were so inextricably linked as to be indistinguishable, US lawyer and executive director of Break the Chains, Deborah Peterson Small, told delegates at Release’s Drugs, race and discrimination conference in London. ‘You could even say “what’s drugs got to do with it?”‘ she said. ‘A lot of the conversation we have around drugs is not around drugs. It’s around social control and maintaining the status quo – we’re not having the real conversation.’

Drug policy was partly driven by public fear of crime, much of which was stoked by a media largely no longer there to keep the public informed, but to serve the interests of the large corporations that owned it, she said. This fear was then used as an excuse by governments to implement ineffectual drug policies. ‘The “war on drugs” has become a proxy for dealing with other issues,’ she said. ‘Are we really engaged in a war on drugs, or are we using it as a way of addressing issues in society that we haven’t figured out how to deal with yet?’ / http://www.drinkanddrugs.net/features/oct0608/whats_drugs_got_to_do_with_it.pdf

Image via Wikipedia…. perhaps this insight at this time explains why and crucially at election time, neither National “get tough on crime’ and Labour ‘eyes wide shut’ or the minor parties, including the Greens will not discuss the politics of pot (or any other drug) unless it is preconditioned with the prohibitionist rider ‘that use = abuse’, there are harms, and that drugs = crime. Yet the harms of alcohol and tobacco are never held to the same zero tolerance account. Whose interest is this serving? Consider…..

“A cross the many policy responses to drugs in society, the war on drugs ethos, its legislative instruments, and their enforcement has become a significant driver of drug harms. Through its mass criminalisation of users, its abdication of market control to unregulated criminal profiteers, and creation of a vast anarchic and violent criminal economy, prohibition, whatever its original intentions, has become a policy of harm maximisation, in both public health and criminal justice spheres.” /Danny Kushlick / http://www.drinkanddrugs.net/features/oct0608/in_pursuit_of_truth.pdf

Image via Wikipedia‘I think there’s a good reason why the propaganda system works this way. It recognises that the public will not support the actual policies. Therefore it’s important to prevent any knowledge or understanding of them. Correspondingly, the other side of the coin is that it’s extremely important to try to bring out the truth about these matters, as best we can.’ / Noam Chomsky, Interview in ‘The Chomsky Reader‘

Blair Anderson ‹(•¿•)›
Spokesperson on Climate Change, Environment and Associate ‘Shadow’ Law And Order.
#6 ‘on the list’ http://www.republicans.org.nz/

ph (643) 389 4065 cell 027 265 7219

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MedPot, As seen on Grownups

I have no wish to blow anybody’s bubble on this cannabis as a medicine thing. [see Grownups Comment ]

There has been a 90 year legacy of misinformation (and politically inspired fears) that has contributed to the world view that somehow cannabis is ‘more’ dangerous than anything else. Quite the opposite. In 1998 or thereabouts the [USA] Drug Enforcement Agency‘s [DEA] own appointed Judge, Justice Young found cannabis to be the ‘safest therapeutic known to man’ (smoked or otherwise). Now this is not without good reason. It just happens to be one of a number of plants that make a molecule group called cannabinoids (a subset of a larger groups of flavonoids, dark chocolate for example contains one such useful and protective flavonoid – try keeping me away from chocolate!)

However so as not to bore all those folk who are culturally and socially stricken with the cannabis prejudices, I wont go into detail, other than to note they too are full of cannabinoids made and mediated by our own bodies. They provide an extremely important function, more especially as we get older – both as anti-oxidant and ‘governors’ of cell death (apoptosis) and as mediators to our endocrine, muscular-skeletal, nervous, reproductive, and digestive systems. Now if you think I am making this up as I go I commend the skeptics amongst you to “google” an internet colleague of mine. He is Chair of Biology at Colorado University. His name is Robert Melamede. Just take a look yourself. You be your own guide. Try searching ” Melamede + Cancer” for example.. or pain, or cannabis. Come to your own conclusions. (As I have done).

As to how we got into this confusing mess…. Another man whom I respect immensely passed away last week. He was a professor of law and legal advisor to the same DEA. He was co-author of THE FORBIDDEN FRUIT AND THE TREE OF KNOWLEDGE: AN INQUIRY INTO THE LEGAL HISTORY OF AMERICAN MARIJUANA PROHIBITION / Richard J. Bonnie & Charles H. Whitebread, II

Charles wrote “The alleged evils of alcohol abuse were matters of public knowledge; the proper governmental response was a subject of endless public debate; enactment and repeal of Prohibition were attended by widespread public participation.
In contrast, the early narcotics legislation was promulgated largely in a vacuum. Public and even professional ignorance of the effects of narcotic drugs contributed both to the dimensions of the problem and the nature of the legislated cure. The initial legislation was attended by no operation of the public opinion process, and instead generated a new public image of narcotics use. Only after this creation of a public perception occurred did the legislative approach comport with what we shall call latent public opinion.”

and he concluded:

“Whether the development of the Judicial response to exercises of the police power at the time was the result of the changing public opinion or a changing analytical framework, trends in that response were evident. It remains to be seen whether any trends are evident today to indicate how marijuana users will fare in the future.”

He wrote this before we adopted the Misuse of Drugs Act in 1975.How far we have slipped….. And how many souls have suffered the ignominy of needless suffering, denied a herbal medicine just because, from the get go, we failed to have the required conversations.

Blair Anderson
http://mildgreens.blogspot.com/

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On the Take, and other media myths

Half truths layered on half truths couched in the pejorative.

Notably NZH’s Marketplace [below] is addressed to the reader in Any-City, Any-Town New Zealand and reveals more insight into the real drug problem.

Nine million contributors to last weeks Vienna NGO meetings highlighted the systemic failures in drug policy overlooked by drug warriors and its followers the anti-drug league. This report proves the case, availability of drugs of concealment and horror are a product of bad policy, while overlooking the real plague (up to 70%of the entire health vote according to the UK NHS) … legal alcohol.

It is notable too that the drug consumer is the only person asked and the inferences drawn from those answers applied to a general populace (by city). There is a dangerous inference that ‘everyone is doing it’ but in reality the figures indemnify the cannabis consumer who by far are under represented in this data set but who are, by slight of manufactured consent, made to appear next to heroin.

Lead researcher Chris Wilkins said overall levels of methamphetamine use appeared to be fairly stable, but there was a growing number of heavy users experiencing health and legal problems. (why are the problems ‘compounding?’ drugs are a health problem and the misuse of drugs act exacted under the warrant of the minister of health.)

That is at loggerheads with last weeks unreported UN Vienna NGO’s call for a new approach to drug control policy recognising “the human rights abuses against people who use drugs“,

We called for “evidence-based” drug policy focused on “mitigation of short-term and long-term harms” and “full respect for human rights and fundamental freedoms“

New Zealand’s Law Commission’s statutory review of Drugs and Justice is both timely and usefull in examining the kiwi compliance to UN Conventions.

Civil processes are unanimous calling on the U.N. to shift drug control’s primary emphasis from interdiction to treatment and prevention and report on the collateral consequences of the current criminal justice-based approach to drugs and to provide an “analysis of the unintended consequences of the drug control system” and or comprehensive “reviews of the application of criminal sanctions as a drug control measure, and alternatives to incarceration”.

Harm reduction ‘a necessary and worthwhile response to drug abuse’ must recognise the sovereignty of the user, in both use and/or in transition to low risk use or abstention.

Management of Drug Harms is consistent with principal aspirations of the National Drug Policy and surprisingly most academics, political parties and journalists I have spoken with.

The third annual Illicit Drug Monitoring System report is no testimony to prohibition’s success and cool comfort to those who advocate intolerance and marginalisation.

The question now, is ‘when does the hard work begin?‘ /Blair

Christchurch drug users ‘take whatever they can get’ – report – NZH 14-07-2008

Photo / Glenn Jeffrey

Drug users in Christchurch have a take “whatever they can get” mentality, according to a report out today.

In Auckland, the “drug of choice” is methamphetamine or ‘P’, while in Wellington it is ecstasy, Massey University’s third annual Illicit Drug Monitoring System report says.

But researchers found that Christchurch users stretched to injection of pharmacy and industrial-use drugs like the horse tranquiliser ketamine (only available from vets) , behavioural drug Ritalin (only available from doctors) , and opiates made from prescription morphine sulfate (only available from patients).

Opiates, usually morphine sulfate converted into heroin and injected, were the second most commonly used drug in Christchurch after cannabis. They ranked seventh in Auckland and fifth in Wellington. (proof the differential may be due to social and economic factors than the pharacology of the drug… doh!)

As a result, Christchurch had a large efficient black market for the drugs, the report said. (and Auckland and Wellington doesnt? – huh! )

Cannabis was still the king of the country’s drugs, with the highest use and availability of any illegal substance. (the comparison is irrational… )

Lead researcher Chris Wilkins said overall levels of methamphetamine use appeared to be fairly stable, but there was a growing number of heavy users experiencing health and legal problems. (legal problems, is this a cure and is it effacious? see above!)

Frequent methamphetamine users were more likely to have committed violent or property crime last year compared to the 2005 findings, he said. (still unclear, but panders to the ‘everybody knows’ syndrome facilitated by a media that misrepresents the association)

Police National Drug Intelligence Bureau co-ordinator Detective Inspector Stuart Mills said the intensification of P use was worrying as it led to more crime. (it certainly has, and by all accounts it is getting worse, about in proportion to the application of prohibition, so why does he support continued use of a policy that has so evidentially failed to deliver. )

The report, an annual snapshot of the nation’s drug use, was produced by interviewing 642 drug users from the three main centres.

Easy to obtain

The survey found methamphetamine was easy or very easy to obtain in its locally made form, commonly known as P, but imported “crystal” methamphetamine was more difficult to get than in 2006.

This was possibly because of large seizures made by police and customs in the last two years.

The price of methamphetamine was stable at $100/point (0.1g).

The survey, which was established in 2005 to provide information on drug use and drug-related harm in New Zealand, interviewed 110 methamphetamine users, 105 ecstasy users and 109 injecting drug users.

It found that frequent methamphetamine users were more likely to have used an ambulance, use accident and emergency departments or see a GP than in 2005.

They were also increasingly using counsellors, psychologists and social workers.

Frequent methamphetamine users were also more likely to have committed violent or property crime last year compared to the 2005 findings, Dr Wilkins said.

“Users are under increasing financial pressure, however only minorities of frequent users reported paying for their drug use with money from property crime and even smaller minorities committed violent crime,” he said.

The survey found that 53 per cent of respondents had used their unemployment benefit to pay for drugs and 14 per cent had performed sex work.

On average, individual methamphetamine users had spent more than $8000 on drugs in the last six months.

When users were asked if they had experienced specific harmful incidents as a result of the drug, 53 per cent said at times they had no money for food or rent, 46 per cent had been arrested and 39 per cent had had sex and later regretted it.

Of those questioned, 8 per cent said they had been sexually assaulted.

– NZPA, NZ HERALD STAFF

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This story was found at: http://www.nzherald.co.nz/topic/story.cfm?c_id=181&objectid=10521433&ref=rss

Copyright ©2007, APN Holdings NZ Limited

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Law Enforcement Against Prohibition NZ Tour

Founded on March 16, 2002, LEAP is made up of current and former members of the law enforcement and criminal justice communities who are speaking out about the failures of our existing drug policies. Those policies have failed, and continue to fail, to effectively address the problems of drug abuse, especially the problems of juvenile drug use, the problems of addiction, and the problems of crime caused by the existence of a criminal black market in drugs.

SplashCast “Law Enforcement Against Prohibition” to your page

Blair Anderson
Judge Jerry Paradis New Zealand Tour 2008 facilitator.
phone 03 3894065, cell 027 265 7219

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Review of Misuse of Drugs Act 1975

Review of Misuse of Drugs Act 1975

The Commission will review the Misuse of Drugs Act 1975 and make proposals for a new legislative regime consistent with New Zealand’s international obligations concerning illegal and other drugs.

Published 19 Mar 2008

Blair Anderson
http://mildgreens.blogspot.com
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