LETTER: Nineteen years of progress in Drug Policy Reform

by David Borden, 12/20/12

CONTENTS:

1. Mission and History

2. The State of Drug Policy

3. Our Work in 2012

4. Donation Info and Thanks

1. Mission and History

StoptheDrugWar.org works for an end to global drug prohibition and the “drug war” in its current form. We believe much of the harm commonly attributed to “drugs” is really the result of placing drugs and the drug trade in a criminal environment. We believe prohibition has fueled violence, civil instability, and public health crises, but without achieving its goals; and that the currently prevalent arrest- and punishment-based policies toward drugs are unjust.

Consistent with our goal of ending prohibition (e.g. some form of “legalization”), StoptheDrugWar.org also works toward partial reforms of drug policy that are politically feasible in the present, including: marijuana legalization; criminal justice reform; harm reduction practices such as needle exchange; and availability of substances for medical use; among others. Our primary but not exclusive emphasis is on US policies.

StoptheDrugWar.org pursues our objectives through the following strategies:

Ø Publication of extensive, journalistic-level materials on drug policy, mostly online, an area in which we are the acknowledged leader;

Ø Long-term organizing of coalitions advocating specific policy reforms for which mainstream support can be mobilized for political change in the near term;

Ø Grassroots activation and mobilization of drug policy reform supporters; and

Ø Incorporating practices in all our programs that support and grow the many organizations in the drug policy reform movement and the movement as a whole.

StoptheDrugWar.org was founded by David Borden in 1993 as the Drug Reform Coordination Network (DRCNet), the pioneer organization for online activism in drug policy reform during the early days of the commercial internet. Since its inception the organization has staked out a clear and unambiguous stance in favor of ending prohibition outright.

In 1997, the organization launched a weekly newsletter, originally titled The Week Online with DRCNet and now known as Drug War Chronicle (http://stopthedrugwar.org/chronicle). The Chronicle, produced by our long-time writer Phillip S. Smith, is a high-quality, in-depth, widely-read and frequently cited educational report covering the full range of drug policy issues. The Chronicle is also a platform for the movement as a whole, highlighting the work of allied organizations and providing a platform for their leaders.

In late 1998, we launched the Higher Education Act Reform (HEA) Campaign (http://www.raiseyourvoice.com), opposing a law passed that year taking financial aid away from students because of drug convictions. Ten members of Congress participated in a press conference we organized in 2002 under the umbrella of the Coalition for Higher Education Reform, a record still in place for a drug policy reform press conference (http://www.drcnet.org/wol/chear-press-conference.html). The coalition achieved a partial reform to the law in 2006, when it was limited to offenses committed while a student is in school and receiving federal aid — one of only a few scale-backs made to the federal drug war to date. A second reform that would have further limited the law’s reach to sales convictions passed the House of Representatives, but the section of the education package containing the language was removed when Democrats combined it with health care reform in 2010 as part of their strategy to pass both bills.

Through the HEA campaign, together with outreach on our email list and the work of our staff and student partners, we launched Students for Sensible Drug Policy (SSDP) into an independent national organization. Media outreach conducted jointly by the two organizations from 1999 through 2002 garnered coverage in most national media outlets. StoptheDrugWar.org also sponsored a scholarship fund supporting students losing aid under the law, the John W. Perry Fund, honoring a widely admired police officer who lost his life at the World Trade Center, who had been active in the drug policy reform movement and related causes (http://www.raiseyourvoice.com/Perry-index.html).

In late 2001 StoptheDrugWar.org launched “Out from the Shadows: Ending Drug Prohibition in the 21st Century,” a global campaign and conference series (http://stopthedrugwar.org/programs/out_shadows). The lead event took place in Mérida, Yucatan, Mexico, drawing 300 attendees including legislators from seven countries — most prominently Carlos Gaviria Diaz, senator and former chief justice of Colombia’s Constitutional Court. Out from the Shadows Mérida featured the most extensive high level political participation ever gathered at a drug policy reform conference up to that time.

In August 2006, we redesigned our web site and expanded our web site, incorporating a daily blog and other new content types, and shifting our newsletter itself from a weekly to a daily publishing model. Another site redesign was performed in 2010, and during that year StoptheDrugWar.org web site traffic first exceeded two million unique visitors. Today StoptheDrugWar.org content continues to be reprinted and widely made use of by organizations around the world. Site content is regularly cited or reprinted on top-read sites such as Alternet and Andrew Sullivan’s “The Dish” blog.

In this time of scarcer funding, StoptheDrugWar.org has continued our primary focus on publishing and information, but also makes carefully targeted advocacy efforts in which our particular resources can make an impact for important movement needs. Through our network of organizational contacts built in the HEA campaign, we play an important role recruiting signatories for sign-on letters to Congress as part of several DC-based justice reform working groups. In September 2012 we held our first in what will be a series of member teleconferences, this one featuring representatives of the Colorado, Oregon and Washington legalization initiatives.

2. The State of Drug Policy

The state of drug policy is a lot different than it was a couple of months ago. Some of the following will undoubtedly be known to readers already — but if you are excited as we are about recent developments, it may still be fun to read, and some may be new news.

MARIJUANA LEGALIZATION

On November 6, voters in Washington and Colorado passed historic initiatives to legalize marijuana, and not just for medical use — legalization. I-502 in Washington garnered 55.7% of the vote, while Amendment 64 in Colorado got 55.3%. A third, fairly radical initiative in Oregon that had virtually no funding, Measure 80, lost but garnered a pretty respectable 46.3 in favor%. Medical marijuana passed in Massachusetts. Californians amended their draconian “three strikes” sentencing law too — the first nonviolent drug offender was released this month (http://stopthedrugwar.org/chronicle/2012/dec/03/first_nonviolent_drug_offender_r). Important local initiatives passed in several major cities in Michigan as well, and towns across Massachusetts passed non-binding policy questions favoring legalization of marijuana as in other recent years.

There were some losses at the ballot too. Along with Oregon as mentioned, a medical marijuana initiative in Arkansas lost 51-49 — close, and not bad for the first try at this in the south. A medical marijuana initiative in Montana also lost, and more badly. Montana is a medical marijuana state, but the state legislature has enacted restrictions that some feel effectively gut the program. This year’s initiative sought to restore the medical marijuana law to the original one passed by the voters, and to me the defeat was the darkest news of the night. Some other local initiatives failed to pass as well — we published a review at http://stopthedrugwar.org/chronicle/2012/nov/07/more_drugrelated_election_result.

Discussion on the marijuana issue has changed profoundly. Just last week we saw the major development of Senate Judiciary Committee chairman Pat Leahy (D-VT) revealing that he plans hearings on marijuana legalization next year (http://stopthedrugwar.org/chronicle/2012/dec/13/senate_judiciary_committee_hold). President Obama also made his first comments on the matter last week, making the unsurprising statement to Barbara Walters on ABC that the federal government would not make arrests of recreational users in Washington and Colorado a priority (http://stopthedrugwar.org/chronicle/2012/dec/14/obama_comments_beg_question_mari).

The president’s remarks leave open the question of what they will do about the state-regulated growing and distribution systems that the initiatives call for, and so far the Dept. of Justice has been tight-lipped. Their options include attempting to legally “preempt” the laws in federal court (e.g. undo the changes to state law that the initiatives enacted, or parts of them); to target state-authorized marijuana sellers as they’ve done in medical marijuana states; or to attempt to pressure the states in other ways to rescind the new laws. A preemption lawsuit might wait until a year or so from now when the regulatory systems are put in place.

Most legal scholars I’ve spoken with or seen quoted are skeptical that a preemption lawsuit could succeed, partly because a state regulating a trade is not the same thing as a state actually participating in the trade. Another reason is that regulations in the initiative actually restrict drug selling relative to the simple removal of penalties that would be left without them. It seems telling that no federal prosecutor has attempted a preemption lawsuit during the 16 years that we’ve had state medical marijuana laws. All that said, we don’t know what will happen if it goes to court — a commerce clause argument could be advanced against the state laws, and Congress theoretically could amend the Controlled Substances Act to give such a challenge a better chance, by eliminating a provision of the Act that discourages preemption. A Policy Analysis by law professor Robert Mikos, published by the Cato Institute can be found online at http://www.cato.org/publications/policy-analysis/limits-federal-supremacy-when-states-relax-or-abandon-marijuana-bans. (I heard Mikos speak at Cato last week.) We have also posted a copy of an amicus brief on this subject, submitted by a group of law professors in a California case last spring, online at http://stopthedrugwar.org/files/pack-brief-long-beach-2012.pdf.

Where we end up going is affected by what the federal government chooses to do. There are likely to be more ballot initiatives, in 2016 (better for the types of voter turnout that help us), perhaps in 2014 (not usually as favorable for turnout). We are feeling pretty optimistic that this can be won in California next time, and people are also talking about trying in Oregon again. A piece in Rolling Stone this week predicted seven states most likely to go for legalization next, whether through ballot initiative or the legislatures — I comment on and link to it at http://stopthedrugwar.org/speakeasy/2012/dec/18/next_seven_states_legalize_marij.

MEDICAL MARIJUANA

It is a continuing time of difficulty for medical marijuana, with raids, prosecutions, IRS actions, forfeiture proceedings and other federal actions still proceeding. (You may have seen the Harborside case in the news today — http://www.nbclosangeles.com/news/local/Harborside-Canabis-Club-Fights-for-Life-184286771.html.) In a sordid demonstration of how the drug war skews prosecutors’ use of their discretion, a former Montana provider named Chris Williams, who operated openly and in compliance with state law, was convicted and faced an 85-92 year sentence (http://stopthedrugwar.org/chronicle/2012/nov/28/outrage_potential_sentence_monta). The difference for prosecutors between the ten years they initially offered him vs. 93 years was that he exercised his constitutional right to fight the charges. (This week Williams plea-bargained to a set of charges that could let him off with five years, if the judge is compassionate.) I noted the ballot defeat for medical marijuana in Montana for medical marijuana.

On the bright side, Massachusetts voted at the ballot to become the 18th medical marijuana state; Illinois may be on the verge of becoming the 19th; and Arizona and New Jersey are both finally moving forward with dispensaries, the first having opened in each state opened this month (http://stopthedrugwar.org/chronicle/2012/dec/05/medical_marijuana_update). Washington, DC should see dispensaries imminently too.

CONGRESS

As Sen. Leahy’s statement mentioned above reflects, we can expect a different Congress next year from the current one, though it remains to be seen how different. This year there was fairly little done on drug policy in Congress, not surprisingly for an election year — some good bills were introduced, but the only votes were bad ones. In February Congress voted to allow states to implement drug testing for unemployment insurance beneficiaries, though with limits (http://stopthedrugwar.org/chronicle/2012/feb/17/congress_okays_drug_tests_unempl). In May the House voted down the Hinchey-Rohrabacher pro-medical marijuana amendment (http://stopthedrugwar.org/chronicle/2012/may/09/house_representatives_votes_down). A new ban on certain synthetic drugs passed Congress, effectively imposing new mandatory minimum sentences, despite heroic efforts by Sen. Rand Paul (R-TN) blocking it for several months (http://stopthedrugwar.org/chronicle/2012/jul/10/obama_signs_synthetic_drug_ban_b). One piece of good news is that an international “conspiracy” bill sponsored by (soon to be former) House Judiciary chair Lamar Smith (R-TX), criminalizing drug-related conduct by Americans abroad even if it is legal in the countries where it took place, passed the House but does not seem to be moving in the Senate. The reinstated needle exchange funding ban was not re-repealed, at least not yet, despite support for doing so from the Obama administration.

Some notable champions of drug reform are retiring from Congress — Ron Paul (R-TX), Barney Frank (D-MA), and Maurice Hinchey (D-NY). Jared Polis (D-CO) is expected to take up the lead on marijuana legalization in the House, and we’ve heard that Earl Blumenauer (D-OR) plans to champion medical marijuana. In an interesting development, Diana DeGette (D-CO) introduced a bill last month permitting marijuana legalization in states that opt for it — cosponsored by a Republican representative from Colorado, Mike Coffman, who voted against Amendment 64 but believes the vote should be respected (http://stopthedrugwar.org/speakeasy/2012/nov/11/colorado_dems_seek_federal_exemp). We have heard from inside the Beltway that there are some “Tea Party” representatives considering supporting legalization legislation next year. Also interesting to watch will be incoming Sen. Jeff Flake (R-AZ). While some of our allies from the prevention side are not fond of Flake due to his opposition to some programs they support, his record on the areas of drug policy our movement follows most closely is among the best in Congress.

THE INTERNATIONAL PROHIBITION DEBATE

The year has seen major strides forward in the international drug policy debate, although our pleasure over them is tempered by the tragic drug war violence continuing plague Mexico and which is significantly driving that debate. Motivated by that situation and the threat of it spreading into Central America, and encouraged by former heads of state and other prominent citizens speaking out on the issue (most notably through the Global Commission on Drug Policy), and now by the votes in Washington and Colorado, several current heads of state from Latin America, having begun in 2011 to press for a debate on global prohibition in official world fora, upped their efforts.

In April, the presidents of Guatemala, Colombia and Mexico pressed the issue at the Summit of the Americas in Cartagena, forcing President Obama to respond when asked in a televised discussion with Chris Matthews (http://stopthedrugwar.org/chronicle/2012/apr/15/obama_addresses_drug_legalizatio). Less than a week after the election, the presidents of Belize, Costa Rica, Guatemala, Honduras and Mexico called for a policy review in a joint declaration, saying the votes in Washington and Colorado would have significant ramifications on regional anti-drug efforts. The group (excepting Guatemalan President Otto Perez Molina — the most ardent among them, but whose country suffered a deadly earthquake the week before) announced the declaration at a press conference in Mexico City (http://stopthedrugwar.org/chronicle/2012/nov/13/central_american_presidents).

More tangibly, Uruguay seemed to have been on the verge of enacting legislation to actually legalize marijuana on a national level, creating a system of state-licensed sales and commercial cultivation (http://stopthedrugwar.org/chronicle/2012/nov/15/uruguay_marijuana_legalization). Unfortunately we just heard this week that it’s been delayed or derailed, at least for now.

CRIMINAL JUSTICE

All that said, it is still the best and worst of times, as I often say. Drug war violence is not the only continuing tragedy of prohibitionist drug policy. There was some decline in the number of drug arrests from 2010 to 2011, we noted in October — 1.53 million drug arrests, down from 1.64 million, of them 750,000 for marijuana down from 850,000 (http://stopthedrugwar.org/chronicle/2012/oct/29/fbi_reports_more_15_million_drug). The decline is welcome, but the numbers are still huge and we don’t know whether it is a trend or just a fluctuation.

Figures came out this week for prisoner numbers at end-year 2011. The total number of US prisoners dropped by 0.9% to just under 1.6 million, but that number was more than accounted for by a shift of some prisoners in California from state prisons to county jail. Drug offenders make up 330,000 of the prisoners in federal and state institutions, a little less than a decade ago. (The oft-cited figures of two million prisoners, half a million of them for drug offenses, includes both prisons and jails.) In the federal system, a recent General Accountability Office report found 9.5% population growth from FY 2006-FY 2011 (September 30, 2011), and accompanying prison overcrowding, calling drug prosecutions and longer sentences for them the driving force (http://stopthedrugwar.org/chronicle/2012/sep/13/drug_sentences_driving_federal_p).

There does seem to be a sea change brewing in criminal justice among conservative ranks, though it has yet to break out into concrete policy changes in most places. We’ve written about the work of the “Right on Crime” coalition (http://stopthedrugwar.org/chronicle/2011/feb/02/conservatives_board_sentencing_r), and we noted the absence for the first time of a drug war plank from the platform adopted at the Republican National Convention. At a recent event I spoke with some staff members from the conservative American Legislative Exchange Council (ALEC), one of whom told me a consensus has developed among state legislators in favor of reducing incarceration. I have also heard talk of a significant prison reform proposal being discussed among high-level Republican leaders, who intend to follow it with sentencing reform. We will see if that happens. (The weekly highlights from the ACLU Campaign to End Overincarceration, http://www.aclu.org/blog/tag/overincarceration, are a good place to keep up with state sentencing reform — along with our own newsletter of course!)

There is much more than can be reported here, of course. One place to look is Phil’s “Top Ten Drug Policy Stories of 2012,” released this morning (http://stopthedrugwar.org/chronicle/2012/dec/19/10_ten_drug_policy_stories_2012). Of course I’d be happy to have further discussions on these or any other topics.

3. Our Work in 2012

The StoptheDrugWar.org web site continues to reach more than two million unique visitors per year. For the 12-month period from 12/1/11 to 11/30/12, we estimate based on server logs a visitation of 2.15 million unique visitors and 2.7 million visits. We also continue to be reprinted on other web sites, including the popular Alternet site where we are one of the primary sources for drug policy.

As of this week we have published our usual 50 issues of Drug War Chronicle this year, including 86 feature pieces and 580 articles in total. The publication continues to serve as a mainstay for the many advocates in the drug policy reform movement. Following are some testimonials we received this year for the Drug War Chronicle newsletter:

• · Drug War Chronicle is one of the first resources I suggest to new students getting involved in the drug policy reform movement. There’s nothing else out there that covers a wider variety of drug war issues each week. SSDP loves Drug War Chronicle, keep up the great work!
  – Stacia Cosner, Associate Director, Students for Sensible Drug Policy
• · As part of a small staff without any single staff member devoted to research and policy, the Drug War Chronicle is one of the most useful resources I have to stay on top of important developments across the country. I direct a nationwide speakers bureau, and whenever I receive a request from a state I’m not familiar with, one of the first things I do is search my Drug War Chronicle email folder to get a clear summary of the latest updates from that state. Then I am able to confidently bring the speaker up-to-date and help him/her prepare to do a talk that is not only persuasive and credible, but also informed on the current local context, thanks to the DWC. If I didn’t have the DWC I’d have to do endless online research and still never be quite sure if what I have is up-to-date. We also encourage all of our speakers to subscribe to stay on top of the most important updates on a weekly basis.
  – Shaleen Title, Speakers Bureau Director, Law Enforcement Against Prohibition
• · Drug War Chronicle has, for years, provided a vital and unparalleled source of rational, fact based analysis on the US Drug War for readers in the UK and Europe. Congratulations to the team are fully deserved; when the Drug war ends, the role of the Chronicle in its downfall will not be forgotten.
  – Steve Rolles, Senior Policy Analyst, Transform Drug Policy Foundation
  • · On behalf of California NORML, I strongly recommend the Drug War Chronicle. DWC consistently provides the most comprehensive, reliable, in-depth coverage of drug issues for the reform community. When Phil Smith calls me, I know that he will accurately report what I have said. DWC is a valuable resource, and I often consult its archives for background research on issues of interest.
    – Dale Gieringer, Director, California NORML
  • · Oaksterdam University has long enjoyed sharing the information compiled by Drug War Chronicle with students of the History of Cannabis and Marijuana Prohibition. DWT excerpts are informative and helpful to our Legal, Politics & History classes, as well as Civics, Dispensary Management and Operations, and Advocacy courses. One of the most important services we provide is the ability to bridge to sources of good information, and I have long considered you one of our vital resources. It is simply one of the most comprehensive sources I direct my students towards. Your website and communications are a cornerstone of our Political Science department, and provide important lessons for anyone involved with Cannabusiness or drug policy reform.
    – Dale Sky Jones, Executive Chancellor, Oaksterdam University
  • · The West Coast Leaf always looks to Drug War Chronicle to help us determine the most important stories for our newspaper. Its in-depth coverage is top-notch, providing a well-rounded perspective on the news, along with quotes from drug policy’s doers and shakers. At times, we use the stories as well (with all due credit) so the impact of the Chronicle is amplified in print edition. It’s a vital resource in activating the masses with relevant information needed to make reform happen.
    – Mikki Norris, Publisher and Managing Editor of the West Coast Leaf

As I’ve discussed previously, along with focusing on our core mission in this time of scarcer resources, we also seek targeted ways in which StoptheDrugWar.org can leverage our specific or unique assets to advance the most important needs of the cause. These may or may not relate to our core information and publishing focus. The key is that they can be carried out with a limited enough amount of staff time to be sustainable without overly distracting from our core work.

On that theme, we have continued an area of advocacy I’ve discussed previously, coalition support for federal legislative reform efforts, using our organizations database built through years coordinating the Coalition for Higher Education Act Reform. This year we worked on the following sign-on letters, in partnership with a variety of drug policy and other organizations:

• · In February we recruited endorsers for a sign-on letter to US senators, authored by my friend Grant Smith at Drug Policy Alliance, opposing new bans on synthetic drugs and supporting Sen. Rand Paul’s efforts to stop the bills by putting a hold on them. We recruited 24 of the letter’s 40 signatories, bringing in impactful endorsements including the National Organization for Women, the American Academy of Addiction Psychiatry, Concerned Black Men-National Organization and the American Probation and Parole Association.
• · In April we supported a sign-on letter to Congress organized by the Leadership Conference on Civil Rights (one of the nation’s leading civil rights organization), calling for passage of the End Racial Profiling Act. We recruited 28 of the letter’s 122 signatories, enabling the letter’s total count to pass one hundred.
• · Also in April we supported a sign-on letter opposing the expansion of federal prison capacity in a “continuing resolution” budget bill. We recruited 19 of the letter’s 38 signatories, including Treatment Communities of America, the National Association on Alcohol, Drugs and Disability, and the United Church of Christ, Justice and Witness Ministries.
• · In May we supported a letter organized by Families Against Mandatory Minimums, calling on the Senate Judiciary Committee to investigate the US Office of the Pardon Attorney over allegations in a ProPublica/Washington Post story that the Pardon Attorney had misrepresented the facts of a well-known crack sentencing case to influence Pres. Obama to not grant a commutation. We recruited 15 of the letter’s 38 signatories, including the Sargent Shriver National Center on Poverty Law, Blacks in Law Enforcement of America, the United Church of Christ, Justice and Witness Ministries, and the Charles Hamilton Houston Institute for Race & Justice at Harvard Law School.
• · In September we supported a similar sign-on letter on the federal prison capacity, this time recruiting 16 of the letter’s 29 signatories, including the American Probation and Parole Association and the Charles Hamilton Houston Institute for Race & Justice at Harvard Law School.

We also supported a sign-on letter seeking to save federal reentry provisions of the Second Chance Act, but records on that one seem to have been misplaced.

There was a victory relating to one of the letters we made substantial contributions to in this program in 2011, a bill mentioned above that would have extended US drug laws to cover the conduct of US citizens abroad, criminalizing conduct that is illegal in the US but legal in the countries where it takes place. The bill has not moved through committee, and at this point is almost certainly done.

In September we held our first member teleconference, featuring representatives of the three legalization initiatives. An audio archive is available at our Election 2012 Resource page, http://stopthedrugwar.org/election2012. About 40 guests joined the call, which we held via the traditional phone call-in this first time. (I didn’t want to add the uncertainty of dealing with new technologies, the first time we hosted one of these.) We are putting together our second teleconference, dealing with drug reform in the incoming Congress — probably focusing on legislation to end federal marijuana prohibition, though a final decision hasn’t been made on that. We also plan to try a teleconference system that has a purely online option for participating.

4. Donation Info and Thanks

Thank you for reading this far down in my report, and thank you for the support (financial or otherwise) that you’ve provided for our work or to other groups in the movement. To those of you whom I know personally, thank you for the moral support and encouragement you have provided over the years as well.

Should you wish to donate at this time, I include the following current information:

Ø Our tax-deductible 501(c)(3) educational organization is DRCNet Foundation.

Ø Our non-deductible 501(c)(4) lobbying organization is Drug Reform Coordination Network.

The mailing address for both organizations is P.O. Box 18402, Washington, DC 20036. (As I’ve mentioned previously, we no longer reside at 1623 Connecticut Ave.) Donations can also be made online by credit card or PayPal at http://stopthedrugwar.org/donate (best for donations of a few thousand dollars or less, though larger ones will go through). We are also able to accept donations of stock — the information to give your brokerage is that our account is with Ameritrade, (800) 669-3900, DTC #0188, #781926492 for tax-deductible gifts or #864663500 for non-deductible gifts — please make sure to contact us if donating in this way.

Take care, and happy holidays

David Borden, Executive Director

StoptheDrugWar.org

Washington, DC

http://stopthedrugwar.org