The Week Online with DRCNet, Issue #88 - April 24, 1999
A Publication of the Drug Reform Coordination Network
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TABLE OF CONTENTS
1. HEA Reform Campaign Gets Boost
http://www.drcnet.org/wol/088.html#campaign
2. REPORT: District of Columbia Drug Policy a Disaster
http://www.drcnet.org/wol/088.html#drugstrategies
3. Heroin in Australia: A Conversation with Brian McConnell
of Families and Friends for Drug Law Reform
http://www.drcnet.org/wol/088.html#ffdlr
4. North Dakota Becomes First State to Legalize Hemp
Cultivation
http://www.drcnet.org/wol/088.html#northdakota
5. Oregon Supreme Court to Review Forfeiture as Double
Jeopardy
http://www.drcnet.org/wol/088.html#doublejeopardy
6. BOOK: NO Equal Justice, Race and Class in the American
Criminal Justice System
http://www.drcnet.org/wol/088.html#noequaljustice
7. REPORT: In Search of a New Ethic for Treating Patients
with Chronic Pain
http://www.drcnet.org/wol/088.html#newethic
8. Seminar in NYC, Friday, 5/28
http://www.drcnet.org/wol/088.html#seminar
================
1. HEA Reform Campaign Gets Boost
The student campaign to repeal the drug provision of the
Higher Education Act of 1998 got a boost this past week,
with four new endorsements of the campaign's resolution.
Student governments at the University of Wisconsin at
Richland, Illinois State University at Normal, and the
University of Texas at Dallas, voted to adopt the
resolution; and thanks to the efforts of the student
activists at Richland, the United Council of University of
Wisconsin Students, representing 140,000 students at the 24
University of Wisconsin campuses, endorsed the resolution
unanimously last Tuesday. Other student government
endorsements include the Rochester Institute of Technology
(NY), Hampshire College (MA), Western Connecticut State
University, Pitzer College (CA), Western State College (CO),
and the Student Association of the State University of New
York. The HEA drug provision delays or denies all federal
financial aid for any drug offender, and the student
resolution calls for the provision's repeal.
Over 30 organizations so far have signed on to a letter to
the Congress calling for passage of H.R. 1053, a bill
sponsored by Rep. Barney Frank that if passed will repeal
the HEA drug provision. Signatories include the NAACP, the
United States Student Association, the American Civil
Liberties Union, the National Council of Negro Women, the
General Board of Church and Society of the United Methodist
Church, the Center for Campus Organizing and many more.
(Visit http://www.u-net.org/supporters.html for the complete
listing.)
Also this past week, students at Ohio State University, with
supporters from the organization For a Better Ohio,
demonstrated against the HEA drug provision. Visit
http://www.angelfire.com/oh2/ohiohemp/demo.html to view
photographs from the event.
Over 9,200 e-mails and faxes supporting H.R. 1053 have been
sent to Congress by visitors to DRCNet's online electronic
petition at http://www.RaiseYourVoice.com since it was
inaugurated last week. If you haven't yet filled out the
petition, please take two minutes right now to type in your
name and address and let your Representative and your two
Senators know how you feel! And please take a few moments
to tell your friends -- visit our referral page at
http://www.RaiseYourVoice.com/tellfriend.html to send a note
to them or to cut and paste our referral letter into your
own e-mail or mailing list or online forum posting. The e-
mail your friends receive will have your name in the
subject. And don't worry -- we keep no record of your
friends' e-mail addresses, and won't contact them ever
again, unless they decide to subscribe to our list. Many
petition visitors do decide to subscribe, so sending people
to http://www.RaiseYourVoice.com is a great way to build the
movement too!
For further information on the HEA reform campaign and how
to get involved, visit http://www.u-net.org/ or e-mail
[EMAIL PROTECTED]
================
2. REPORT: District of Columbia Drug Policy a Disaster
The District of Columbia spends more than any other US city
on drug law enforcement, yet it ranks among the worst in
rates of substance abuse, drug-related disease and crime,
according to a new report from Drug Strategies, a DC-based
research institute. "Facing Facts: Drugs and the Future of
Washington, DC" found that the District spends $1,257 per
capita on drug enforcement each year, but a scant $42.45 per
capita on drug treatment and prevention combined.
Drug Strategies President Mathea Falco told the Week Online
that such spending priorities were not justified by their
results. "Last year they only spent $22 million on
treatment and $2 million on prevention compared to well over
1/2 billion for drug enforcement," she said. "Despite these
massive investments in enforcement, the crime situation has
not improved, because most of the offenders in the city have
serious alcohol and other drug problems which have gone
unaddressed." The report also blamed bureaucratic
mismanagement, poor recordkeeping and a lack of cooperation
between the District and surrounding counties in Maryland
and Virginia for high rates of recidivism among drug-
addicted individuals.
Along with recommendations for increasing funding for
treatment and prevention programs, raising alcohol and
cigarette taxes, and increasing support for drug courts and
court ordered diversion programs, the report called for the
repeal of the Congressional ban on funds for needle exchange
programs (NEP's). "We believe NEP's that are well
administered and carefully controlled can make a huge
difference," said Falco. "In this we are joined by the
American Pediatric Association, American Medical Association
and the American Bar Association. This is definitely a
mainstream position."
AIDS is the third leading cause of death in the District,
and one in three of an estimated 15,000-20,000 residents
living with HIV or AIDS caught the virus by sharing needles.
Nevertheless, an amendment introduced last October by
Georgia Republican Bob Barr extended the ban on federal
funding of needle exchanges to include even privately funded
programs run by organizations that receive federal dollars
for other work they do. One of the District's only needle
exchange programs, run by the Whitman-Walker AIDS Clinic,
was forced to close as a result. The exchange program was
re-launched in December as a separate entity, Prevention
Works, with the help of a grant from the Drug Policy
Foundation.
Despite the report's grim vision of the District's drug war
wasteland, there may be some cause for optimism. At a press
conference held in the wake of the report's release, newly-
elected DC Mayor Anthony Williams and his cabinet pledged
another $26 million for treatment and prevention. "We hear
you," Williams said. "We will overlook this problem no
longer. Left on auto pilot with these statistics, this is
not a pretty picture. We cannot allow this to happen."
Falco praised Williams' comments, which she called "terrific
expressions of commitment." She added, "What's most needed
is for them to keep their commitments." No initiatives have
been announced, however, to scale back the prosecution of
the Washington DC's massive drug enforcement/prison program.
The full text of "Facing Facts: Drugs and the Future of
Washington, DC" is available on the Drug Strategies web site
at <http://www.drugstrategies.org>.
================
3. Heroin in Australia: A Conversation with Brian McConnell
of Families and Friends for Drug Law Reform
An escalating heroin problem and an attendant rise in
overdose deaths have put the drug policy debate center stage
in Australia. Alongside tragic stories of young, and
increasingly rural people dead from overdoses, the
Australian newspapers are filled with angry and frustrated
letters to the editors, editorials and political opinions
about the right course of action. Last year, a move by
public health officials to implement a heroin prescription
experiment similar to Switzerland's made it as far as the
first trial phase before it was quashed by Prime Minister
John Howard, after US State Department officials reportedly
threatened to close down Tasmania's pharmaceutical opiate
industry in retaliation. Earlier this year, Mr. Howard
invited FBI head Louis Freeh to Australia to make the case
for American-style zero tolerance drug policies.
But harm reduction advocates say the battle is far from
lost, and point to a range of innovative programs springing
up in states and territories across the country. In
Queensland, for example, clinical trials are underway for
Naltrexone, an opiate-receptor blocking drug that has
enjoyed some success in Europe. In New South Wales, a small
drug court is in the first stages of a scientific study. In
several states, first time drug offenders are now given the
option of treatment instead of jail. And Michael Moore,
Health Minister for the Australian Capital Territory (ACT)
has waged a very public battle with Prime Minister Howard to
re-launch the heroin prescription program, and to set up
"safe injection rooms" where addicts can find clean needles,
access to health care and counseling, and learn about
treatment options.
To get a better grasp of these developments, the Week Online
spoke with Moore and with Brian McConnell, president and a
founding member of Family and Friends for Drug Law Reform
(FFDLR). This week we present our conversation with Mr.
McConnell, who became involved with drug law reform after
his son died of a heroin overdose.
WOL: How has the tenor of the drug policy debate in
Australia changed over the past few years?
MCCONNELL: When Families and Friends for Drug Law Reform
was formed in 1995, there was virtually no discussion of
heroin as a problem. But since that time, people are more
concerned about the overdose deaths. In Victoria, they have
a very good system from the coroner's records of the
overdose deaths, and they can tally the number of deaths
very quickly, so you don't have to wait a year or two before
you get the results. One of the newspapers in Victoria is
running a tally of overdose deaths to road deaths, and right
now they are running neck in neck. And the debate is now
more robust. People are putting forward more thoughtful
suggestions for how it might be dealt with. Around the time
the Premieres' conference was going on [a national
conference of state and territorial leaders, at which heroin
policy was a hot topic this year], for that weekend and
Monday papers, we had a hundred and twenty-four pages of
clippings about heroin trials from newspapers from around
Australia.
WOL: What influence has the US had on drug policy?
MCCONNELL: By and large we seem to be tied to US policies,
and I think that is largely due to our Prime Minister.
Rather than call on experts that have some evidence with
success, he called on the FBI for advice on what to do.
Now, to say the least, that's curious. There is no evidence
that the FBI has done anything that's been successful in
this area. He is also keen on the zero tolerance in New
York and was keen on it with no facts, no figures. And zero
tolerance is a city jurisdiction and not the FBI's, so
that's curious as well.
WOL: What can be done by the federal Commonwealth
government in terms of legislation?
MCCONNELL: Drug issues are basically a state responsibility
-- outside of customs and border patrol type activities. It
is the customs end of it that is preventing a heroin trial
from taking place. But a lot of work can be done without
touching the legislation, much of it in the policy area.
Here in the ACT, my son's death is directly attributable to
the police being involved when he first overdosed. The
paramedics and police took him to hospital. When he awoke
the police were at the end of his bed. He was frightened
and discharged himself and went on a hurried holiday. Two
weeks later he was dead. The police in the ACT and in many
other states don't chase ambulances for overdoses anymore,
unless there is another reason. That puts it clearly in the
health arena.
WOL: Where does public opinion stand on heroin trials?
MCCONNELL: In the ACT, support for heroin trials is
marginally over fifty percent, with four to six percent
undecided, and its been that way for awhile now. What has
changed is the opinion in the rest of Australia. Back in
1996, those in favor nationally were at about thirty-five
percent, but it has now gone up to forty six percent. In
Victoria, a state where the Premiere and his government are
supportive of a trial and where there has been positive
press, the percentage in favor has exceeded fifty percent.
WOL: What has changed people's minds?
MCCONNELL: What has turned some public opinion around is
when people like myself and others have come out and said my
son or daughter died of a heroin overdose, and they didn't
have two heads, they weren't living in the gutter. They
were intelligent and well educated and had a job and all
those sorts of things. Here we are as a family and we are
trying to do something about it and we would like to prevent
this from happening in the future. It's a turnaround in the
debate and in some people's minds.
But it's still not far enough to do something. We are only
in the debate stage. We've got some action happening
because we are researching other treatment options. We're
certainly not as progressive as European countries because
there is still a stigma and a marginalization for drug users
here. A lot of the calls for changes to the drug laws and
the ways policies are administered are coming from the
police. The politicians are the last ones to come along.
(Visit Families and Friends for Drug Law Reform on the web
at <http://www.adca.org.au/ffdlr>. Next week, our
conversation with ACT Health Minister Michael Moore.
================
4. North Dakota Becomes First State to Legalize Hemp
Cultivation
(from the NORML Weekly News, http://www.norml.org)
April 22, 1999, Bismarck, ND: Governor Ed Schafer (R)
signed legislation Saturday allowing local farmers to
"plant, grow, harvest, possess, sell, and buy industrial
hemp." North Dakota is the first state to remove criminal
penalties for hemp cultivation.
House Bill 1428 reclassifies hemp containing no more than
three-tenths of one percent THC as a legal commercial crop,
and allows licensed farmers to grow it. The House and
Senate overwhelmingly approved the measure before the
governor signed it. The Legislature commissioned a study
two years ago that determined locally grown hemp could yield
profits as high as $141 per acre.
North Dakota's new regulations are modeled closely after
Canada's, which legalized commercial hemp cultivation last
year. Bill sponsor Rep. David Monson (D-Osnabrock) said
that local farmers are eager to grow hemp after seeing the
crop's economic success north of the border.
Farmers who wish to grow hemp must have no prior criminal
history, use certified seeds, and allow random inspections
of their crop for THC content. Farmers must pay a minimum
$150 fee to apply for a hemp license.
John Howell, CEO of New York City's Hemp Company of America
and a plaintiff in a 1998 federal lawsuit to legalize hemp
cultivation, said that "the future of hemp in America now
looks much, much brighter." He noted that federal permits
to grow hemp require applicants to answer whether
cultivation is legal in their state. "Until now, every
applicant had to check 'no' and applications were denied.
Now that Catch-22 cycle has been broken by North Dakota's
action."
The Legislature also approved measures allowing university
researchers who have federal permission to grow small
quantities of hemp, and urging Congress to acknowledge legal
distinctions between hemp and marijuana. Twenty-nine
nations, including France, England, Germany, Japan, and
Australia allow farmers to grow non-psychoactive hemp for
its fiber content.
The text of the North Dakota legislation can is online at
<http://ranch.state.nd.us/LR/text/BILL_INDEX/BI1428.html>.
More information on state-level legislation can be found
online at <http://www.norml.org/laws/stateleg1999.html>.
================
5. Oregon Supreme Court to Review Forfeiture as Double
Jeopardy
The Oregon Supreme Court recently agreed to review State vs.
Selness, which concerns a 1994 marijuana arrest. In that
case, the defendant's home was forfeited along with his
receiving jail time. The defendant claims that his
punishment was unconstitutional, on the grounds that it was
a case of double jeopardy.
The United States Constitution protects citizens from double
jeopardy: being punished for the same offense twice. The
Supreme Court has previously ruled that civil forfeiture is
not a punishment, and therefore does not constitute double
jeopardy. The Oregon State Constitution has a wider view on
double jeopardy, however, and the Oregon Supreme Court has
never previously ruled on civil forfeiture as a form of
punishment, leaving the possibility that the court may rule
in favor of the defendant.
One day prior to the Court's agreement to review State vs.
Selness, the Oregon Court of Appeals overturned a previous
ruling in a lower court that stated that the practice of
excluding drug offenders from certain neighborhoods prior to
sentencing is double jeopardy.
(Visit Forfeiture Endangers American Rights, online at
<http://www.fear.org>, for much more information about asset
forfeiture. The Cato Institute is sponsoring a half-day
conference, "Forfeiture Reform: Now, or Never?", on May 3,
9:00am - 1:30pm, Washington, DC, featuring US Rep. Henry J.
Hyde, ACLU's Ira Glasser, and others. For further
information, visit http://www.cato.org/events/ccs99/ on the
web, call (202)218-4633 or e-mail [EMAIL PROTECTED]
================
6. BOOK: NO Equal Justice, Race and Class in the American
Criminal Justice System
In recent months, various criminal justice policies and
practices, and the racially disparate impacts they produce,
have begun to come to the fore of public attention. Last
week DRCNet reported that Rep. John Conyers (D-MI) had
reintroduced the Traffic Stops Statistics Act, and had
introduced legislation to end felony disenfranchisement
(http://www.drcnet.org/wol/087.html#profiling and
http://www.drcnet.org/wol/087.html#disenfranchisement).
Five weeks ago, we reported that Rep. Charges Rangel had
introduced legislation to reduce sentences for crack cocaine
offenses to the level of powder cocaine sentences
(http://www.drcnet.org/wol/083.html#rangel).
"NO Equal Justice: Race and Class in the American Criminal
Justice System," by Georgetown University law professor
David Cole, analyzes the nature and extent of racial
disparities in the criminal justice system and the dynamics
that contribute to them. Cole puts forward overwhelming
evidence that not only do disparities exist, but the problem
extends from the bottom of the system (cops on the beat
habitually using racial profiles) to the top (a Supreme
Court that has set unattainable standards for invoking
protections against racial discrimination).
Cole doesn't attribute the disparities to deliberate racism,
but rather to the unavoidable tension between law
enforcement efficiency and constitutional rights. Rather
than staking out a consistent position for balancing these
two concerns, Cole argues, police forces and the courts have
picked two different points on the spectrum -- one for the
majority and another for minorities. The majority, then,
doesn't pay the cost of the policies that it enacts -- a
cost measured in disparate police searches, no-knock
warrants, convictions and incarceration rates.
One of the reasons disparity in searches exists is that
courts have given police an astonishingly free hand in
conducting them. On pages 48-49, Cole lists drug courier
"profiles" that drug enforcement agents have presented as
"probable cause" for conducting searches:
arrived late at night
arrived early in the morning
arrive in afternoon
one of first to deplane
one of last to deplane
deplaned in the middle
purchased ticket at airport
made reservation on short notice
bought coach ticket
bought first-class ticket
used one-way ticket
used round-trip ticket
paid for ticket with cash
paid for ticket with small denomination currency
paid for ticket with large denomination current
made local telephone call after deplaning
made long-distance telephone call after deplaning
pretended to make telephone call
traveled from New York to Los Angeles
traveled to Houston
carried no luggage
carried brand-new luggage
carried a small bag
carried a medium-sized bag
carried two bulky garment bags
carried two heavy suitcases
carried four pieces of luggage
overly protective of luggage
disassociated self from luggage
traveled alone
traveled with a companion
acted too nervous
acted too calm
made eye contact with officer
avoided making eye contact with officer
wore expensive clothing and gold jewelry
dressed casually
went to restroom after deplaning
walked quickly through airport
walked slowly through airport
walked aimlessly through airport
left airport by taxi
left airport by limousine
left airport by private car
left airport by hotel courtesy van
suspect was Hispanic
suspect was black female
Cole explains that "[s]uch profiles do not so much focus an
investigation as provide law enforcement officials a ready-
made excuse for stopping whomever they please. The Supreme
Court has warned that the mere fact that someone fits a
drug-courier profile does not automatically constitute
reasonable suspicion justifying a stop. In practice,
however, courts frequently defer to the profile and equate
it with reasonable suspicion. As one judge said after
conducting a comprehensive review of drug-courier profile
decisions, '[m]any courts have accepted the profile, as well
as the Drug Enforcement Agency's scattershot enforcement
efforts, unquestioningly, mechanistically, and
dispositively.'"
Cole goes on to argue that while the majority doesn't pay
the cost of the criminal justice policies that it passes,
over time those costs come home in the form of decreased
respect for law and unwillingness to cooperate with the
system, leading to a diminished ability to control crime and
heightened social danger for all.
(Buy "NO Equal Justice" online -- just point your browser to
http://www.amazon.com/exec/obidos/ASIN/1565844734/drcnet/
and follow the instructions, and DRCNet will earn 15% of
what you spend on the book! Or ask for "NO Equal Justice"
at your local bookstore.)
================
7. REPORT: In Search of a New Ethic for Treating Patients
with Chronic Pain
An article in last week's issue, "Doctor's Undertreatment of
Pain Draws Penalty," discussed the issue of pain treatment
and the war on drugs, surrounding the Oregon Board of
Medical Examiner's decision to take disciplinary action
against a physician for the undertreatment of pain, possibly
the first medical board in U.S. history to take such a step.
(See http://www.stopthedrugwar.org/pain.html for a general
discussion of the impact of the drug war on pain treatment,
and visit http://www.drcnet.org/wol/087.html#undertreatment
for last week's article.)
A report published in the Winter 1998 issue of the Journal
of Law, Medicine & Ethics examines the "ethic of
underprescribing" and steps that states and boards have
taken to begin to reverse it. Author Ann Martino concludes
that underprescribing for pain is the norm or prevailing
standard, and describes three principles that contribute to
the underprescribing ethic:
1. Just Say No -- a generalized fear of narcotics and
addiction, known as opiophobia, on the part of both
physicians and patients. Martino writes, "Opiophobia has
been heightened in recent years by the rhetoric accompanying
the government's War on Drugs. One of the central tactics
in the War on Drugs has been to focus broadly on the horrors
of addiction in media campaigns and anti-drug and prevention
programs, without drawing distinctions between drug
dependency and abuse or types of addictive drugs. It is
thus not surprising that many patients fear that taking any
drug in large doses for relatively long periods of time will
cause addiction." Additionally, doctors who do treat pain
aggressively often face the threat of investigation by
medical boards or the DEA, a circumstance that can ruin the
careers of doctors, even when cleared. Hence, internal
values and external consequences contribute to the Just Say
No ethic in pain treatment.
2. Grin and Bear It -- the conception of pain as a moral
good that builds character or an inevitability that should
simply be endured. Martino writes, "[A]lthough it is hard
to imagine that anyone who regularly engages in the practice
of chronic pain management would purposefully deny relief to
a patient experiencing unrelenting pain, the available
empirical evidence clearly shows that it happens all the
time."
3. Avoid Risks -- the decision or tendency to not prescribe
pain medication in adequate quantities, knowing that doing
so can result in trouble with medical boards, insurers or
enforcers. "The be investigated or sanctioned by a board
could result in a loss of stature, reputation, institutional
privileges, or access to insurance panels, even if no
restrictions or limitations are imposed on the license to
practice."
Martino discusses why efforts states have made at regulatory
relief, including Intractable Pain Treatment Acts by
legislatures and pain treatment guidelines by boards, have
not yet succeeded changing the opiophobic climate in pain
treatment. The report, titled "In Search of a New Ethic for
Treating Patients with Chronic Pain: What Can Medical Boards
Do?," includes illustrative quotes from doctors,
pharmacists, patients and family members, as well as a chart
listing the many causes of underprescribing. It can be
ordered purchased for $10, including postage, from the
American Society for Law, Medicine & Ethics, 765
Commonwealth Ave., 16th Floor, Boston, MA 02215, (617) 262-
4990, [EMAIL PROTECTED], <http://www.aslme.org>.
To learn more about the pain issue and find out how to get
help or get involved, visit the American Society for Action
on Pain at <http://www.actiononpain.org>. (Use
http://www.druglibrary.org/schaffer/asap/index.htm
temporarily if you get an error message.)
================
8. Seminar in NYC, Friday, 5/28
Bridging the Gap: Creating a Continuum of Care for Drug
Users, Friday, May 28, 1-5pm, hosted by Mount Sinai
Hospital, co-sponsored by The Statewide Black & Puerto
Rican/Latino Substance Abuse Task Force, The Harm Reduction
Coalition, The Harm Reduction Care Network of New York, and
the Mount Sinai Based HIV Clinical Education Institute.
Topics include "Situating the Drug User at the Center to
Provide a Continuum of Care" and "Practical Applications of
Utilizing Harm Reduction Principles Within a Drug
Treatment Setting."
At the Stern Auditorium, Mt. Sinai Medical Center, E. 100th
Street & Madison Avenue, NYC. By subway take the 6 train to
96th Street. Stern is in the Annenberg Building on the
mezzanine level. Enter Mt. Sinai at the 100th and Madison
entrance, go up the stairs, then to your left through the
glass doors, and follow the signs to Stern. For further
information, contact Ralph Gonzales, (516) 979-7300 ext. 202
or e-mail [EMAIL PROTECTED]
(Due to staff travel schedules there is no editorial this
week. All previous issues of the Week Online, including the
editorials, are archived online, and can be accessed at
<http://www.drcnet.org/wol/archives.html>.
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