The Week Online with DRCNet, Issue #89 - April 30, 1999
   A Publication of the Drug Reform Coordination Network

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This issue can be also be read on our web site at
<http://www.drcnet.org/wol/089.html>.  Check out the DRCNN
weekly radio segment at <http://www.drcnet.org/drcnn/>.

Patti Smith giving benefit concert for Drug Policy
Foundation in NYC this weekend!  See item 9.  Mothers in
Prison, Children in Crisis protest in NYC, forfeiture reform
conference in DC, next week, see item 10.

Sign DRCNet's petition at <http://www.RaiseYourVoice.com>!

TABLE OF CONTENTS

1.  Arizona Supreme Court Study:  Proposition 200 Has Saved
    the State Millions
    http://www.drcnet.org/wol/089.html#prop200works

2.  Renting While Non-White
    http://www.drcnet.org/wol/089.html#hotelmotel

3.  Canada: Heroin Prescription Experiment Debated in
    Parliament
    http://www.drcnet.org/wol/089.html#libbydavies

4.  Canadian Police Chiefs Call for Decriminalization of
    Marijuana Possession
    http://www.drcnet.org/wol/089.html#canadachiefs

5.  Swiss Panel Calls for Decriminalization of Cannabis
    Possession, Sales
    http://www.drcnet.org/wol/089.html#swisspanel

6.  Heroin in Australia, Part Two:  A Conversation with
    Michael Moore, ACT Health Minister
    http://www.drcnet.org/wol/089.html#michaelmoore

7.  Government's Drug Test Ruled Inadequate, Todd McCormick
    Remains Free Pending Trial
    http://www.drcnet.org/wol/089.html#toddmccormick

8.  Media Alert:  May Issue of Harper's Magazine Cover
    Story:  Good Drugs, Bad Drugs
    http://www.drcnet.org/wol/089.html#harperscover

9.  Patti Smith to Play NYC's Bowery Ballroom to Benefit the
    Drug Policy Foundation
    http://www.drcnet.org/wol/089.html#pattismith

10. Forfeiture Reform Conference in DC, Justice Reform
    Protest in NYC and Nationwide
    http://www.drcnet.org/wol/089.html#events

11. EDITORIAL: Arizonans Ignore Rhetoric, Reap Benefits
    http://www.drcnet.org/wol/089.html#editorial

================

1. Arizona Supreme Court Study:  Proposition 200 Has Saved
   the State Millions

When the voters of Arizona overwhelmingly passed Proposition
200 in November of 1996, United States Senator John Kyl
stood in the well of the Senate and told his colleagues that
his constituents had been "duped."  By December of that
year, Arizona's state legislature had passed bills which
essentially gutted the measure.  A signature drive got the
measure placed back on the ballot, however, effectively
blocking the state's government from overturning the will of
the voters until another election had been held.  In
November of 1998, Arizona voters once again approved the
measure which forbids the incarceration of first and second-
time non-violent drug offenders, and provides funding for
treatment, allowing judges to divert other offenders, whose
primary problems are linked to substance abuse, into
treatment rather than jail.

This week, the Arizona Supreme Court released a study of the
impact of Proposition 200 which provides solid evidence that
the people of Arizona knew very well what they were doing
when they went to the polls -- twice.

According to the study, diverting first and second time drug
possessors to treatment and drug education courses saved the
state over $2.5 million in its first year of operation.

"And those numbers are conservative" says Sam Vagenas,
director of "The People Have Spoken," the group that put the
initiative back on the ballot in 1998.  "The study only
calculated the savings from first and second time drug
possessors, who make up about 25% of the people diverted to
treatment under the law.  What it didn't count was the
savings from diverting other non-violent offenders into
treatment."

Proposition 200 provided for a $4 million fund for drug
treatment, with that money coming out of taxes on the sale
of alcoholic beverages.

"One of the important lessons that we've learned here in
Arizona is that treatment itself de-incarcerates," Vagenas
told The Week Online.  "Judges, who see the impact of the
drug laws, and who don't have to face elections, are
predisposed to send someone to treatment rather than prison
where appropriate, assuming that there's a treatment slot
available."

Proposition 200's impact in this regard was felt
immediately.  When it was passed in 1996, there were more
than 200 people sitting in Arizona jails because there were
no treatment beds available.

Opponents of the new law argue that the report does not
truly reflect the impact of the new policy.  Broderick
Lotstein, a special assistant Maricopa County Attorney, told
the Arizona Daily Star that the report's findings were
"silly.  No judge will send a first-time offender to
prison."  Maricopa County, which boasts over 56% of all
arrests for drug possession or sale in the state of Arizona,
had a program in place prior to the passage of Proposition
200 called "Do Drugs, Do Time."

According to Vagenas, continued intransigence displayed by
the law's opponents in the face of such a report is
laughable.

"The funny thing is that they had two arguments against us
during our campaign to get this passed," Vagenas told The
Week Online.  "The first was that Proposition 200 would
signal the end of civilization as we know it, and the second
was that it wasn't needed because we are doing these things
anyway.  The truth is that this law has done our state a
world of good, and that the people of Arizona ought to be
commended for seeing through the rhetoric and passing it not
once, but twice."

Arizona Appelate Court Judge Rudy Gerber, contradicting the
Maricopa County Attorney's office, says that "opponents of
Proposition 200 said that this was a 'pro-drug' initiative.
As it turns out, the Drug Medicalization Act (Prop. 200's
title) is doing more to reduce drug use and crime than any
other state program -- and saving taxpayer dollars at the
same time."

Norman Helber, Chief Adult Probation Officer of Maricopa
County, said that he believes that the report may have
significance far beyond the state's borders.  "This report
firmly supports a new paradigm of drug control for the
nation," he said.

Among the report's findings:

 * Cost savings to Arizona taxpayers of over $2.5 million.

 * A total of 2,622 offenders diverted into treatment rather
than jail.

 * Over 98% of offenders placed in recommended programs.

"All of these factors are resulting in safer communities and
more substance abusing probationers in recovery," concludes
the report.  "The outcome benefits of this intervention over
time will reveal not only fiscal and crime reduction
benefits, but an increase in the quality of life conditions
of this population such as improved family and social
relationships, increased work productivity and wages, and
decreased health system costs."

The treatment funding mandated by the law is responsible for
the rate of success in matching people with treatment or
education programs.  Before the law was passed, 12-step
programs had been the only ones available to most offenders,
whether they were appropriate or not.  According to the
report, "the 98.2% matching between recommended and actual
placement is remarkable and probably would not have happened
without the Drug Treatment and Education Fund."

Senator Kyl's office did not respond to requests for comment
for this story.

================

2. Renting While Non-White

Issue #87 of the Week Online reported that Rep. John Conyers
(D-MI) had reintroduced the Traffic Stops Statistics Act,
addressing the problem of racial profiling in highway
searches, popularly known as "Driving While Black"
(http://www.drcnet.org/wol/087.html#profiling).  An article
in the 4/29 issue of the New York Times revealed that New
Jersey state troopers are aggressively expanding the scope
of their anti-drug surveillance operations into the private
businesses surrounding the highways, bringing the same
profiling and general privacy problems to the area of
overnight hotel and motel rentals.

"New Jersey Police Enlist Hotel Workers in the War on Drugs"
reports on the "Hotel-Motel Program," an initiative in which
hotel staff are trained by troopers to scrutinize guests and
asked to provide troopers with access to credit card
receipts and registration forms without a warrant.  Troopers
offer $1,000 rewards to hotel workers whose tips lead to
successful seizures and arrests.

Several hotel employees and union leaders have reported that
troopers have suggested that hotel staff use racial
profiles.  Clo Smith, a clerk at the Holiday Inn near Newark
Airport, told the New York Times that a state police
detective said Spanish-speaking guests should be treated
with more suspicion than guests who speak English, when she
attended the one-hour seminar three years ago.

The American Civil Liberties Union of New Jersey has a class
action lawsuit pending against the New Jersey State Police
for racial profiling in traffic stop searches.  Lenora
Lapidus, ACLU-NJ legal director, told the Week Online, "I
think this demonstrates one more example of the state police
using race-based tactics in enforcing the drug laws."

In a remarkable concession, New Jersey's Attorney General,
Peter Verniero, announced the state would not appeal a 1996
ruling that state troopers demonstrated racial bias in
pulling over motorists.  A report released by the Attorney
General's office found that complaints leveled by African
American and Latino motorists were "real, not imagined," and
recommended that the department monitor traffic stops more
closely.  Lapidus told the Week Online that "the Attorney
General's report noted a circularity:  If you only search
minorities, you'll only find minorities who are engaged in
drug trafficking.  But you'll go by all the whites who are
trafficking drugs, and worse, will have unfairly subjected
large numbers of innocent minority motorists to searches."

Hotel-Motel has also raised concerns about privacy.  Robert
Field, owner of the Days Inn near Newark Airport, told the
New York Times that he and his manager agreed it would be
intrusive for troopers to have permission to arbitrarily
search through registration cards and credit card slips.
"It's like a tactic out of some dictatorship," said Field.
"When a person checks into a hotel, he or she has a
reasonable assumption that the place of business will
protect their privacy, not treat them like a criminal."

Jan Larsen, president of the New Jersey Hotel Association,
who runs the East Brunswick Hilton, told the New York Times,
"We wouldn't allow the police to look through our records
without a subpoena, period.  We have an obligation to
protect people's privacy.  I would think there's a civil
liability if we start giving our information."  Some hotel
chains, including Hilton, forbid their managers from
allowing police to inspect the records of their guests
without a subpoena.  Some chains allow the individual
managers to make that decision.

While hotel owners may voluntarily allow police access to
their guest records, and searches based on voluntarily-
provided information are legal, some have questioned whether
participation in the Hotel-Motel program is fully voluntary.
Lapidus commented, "Some hotels may feel coerced into going
along with this program."  Indeed, David Feedback, president
of Hotel and Restaurant Employees Local 69 in Secaucus, told
the New York Times that some of his members have complained
that troopers have pressured them to participated and to
report any hotel patrons who speak Spanish and pay in cash.

Last week, Attorney General Verniero announced that two
troopers had been indicted for falsifying documents in order
to make it appear that some of the African American
motorists they stopped were white.  The two troopers are
facing possible criminal charges from an incident in which
they shot three unarmed men during a traffic stop.
Investigators into this incident noticed that the license
plate numbers the officers reported did not always
correspond with the motorists they stopped.

The state of North Carolina passed a state version of the
Traffic Stops Statistics act, becoming the first state in
the nation to formally require monitoring of traffic stops
patterns.

The ACLU has a "Driving While Black" feature section on its
web site at <http://www.aclu.org/features/dwb.html>.

================

3. Canada: Heroin Prescription Experiment Debated in
   Parliament

Should Canada set up clinical trials to provide hard-core
addicts with heroin under medical supervision?  This was the
subject of a heated debate Wednesday (4/28) in the House of
Commons, prompted by a private motion by New Democratic
Party MP Libby Davies (East Vancouver) that Parliament
resolve to support the implementation of a heroin
maintenance experiment.

Davies' motion did not receive a warm welcome from every MP.
"We are talking about free heroin for addicts," complained
one MP, Gurmant Grewel (Surrey Central, Ref.). "What the New
Democratic Party is proposing is a recipe for disaster.
This is the kind of solution that was adopted in
Switzerland.  Addicts from all across Europe went to Zurich
to live with their addiction and it created a mess."  Grewel
concluded, "Still, [Davies] introduces the motion we are
debating today as if there were the remotest possibility
that the government would listen to her and take action.
How sad."

But other members praised the motion.  Pauline Piccard
(Drummond, BQ) said its purpose was to "make sensible and
regulated treatment options available to health
professionals and the injection drug users under their
medical supervision... with the ultimate goal of reducing
street drug related crime, protecting the community, and
saving lives."  Abstinence is a valid goal of drug
treatment, but may not be a reasonable short-term objective,
she said.

Davies told the Week Online she introduced the motion to
promote awareness and discussion of heroin maintenance and
other harm reduction initiatives among members of
parliament.  "Along with all the other initiatives that are
taking place, it contributes to the momentum and the debate
that has to take place to reform our drug laws and our
attitude toward drug users," she said.

Heroin overdoses are the leading cause of death among adults
aged 30-49 in British Columbia, with 178 deaths in 1998 in
Vancouver alone.  In addition, injection drug use is now
believed to be the leading cause of HIV infection, and as
many as 70 percent of injection drug users carry the
hepatitis C virus.  The Canadian Medical Association, as
well as a national task force on HIV and AIDS, has
recommended a heroin trial.

Under Canadian parliamentary procedure, private motions must
receive unanimous consent by a committee to be "votable,"
before they may be submitted as resolutions.  Davies' motion
did not meet this requirement, but she said the debate
itself was key.  "Even to get people more familiar with the
reality of what happens to people when they're users, and
how they're criminalized and marginalized, is very
important.  And I've had lots of MPs come up to me and tell
me 'good for you for raising the issue, it needs to be
raised, it needs to be debated.'"

Ultimately, parliamentary approval is not necessary for a
heroin prescription experiment in Canada.  Under current
regulations, such decisions fall under the purview of the
Minister of Health, Alan Rock.  "Of course, politically,
he's not going to do it if he thinks it's very risky and
it's going to leave him in a vulnerable position," Davies
said.

Elinor Caplan, Rock's parliamentary secretary, said during
the debate that while she believes Davies' proposal is "well
intended," the Health Ministry does not support heroin
maintenance "at this time."  Instead, she said the Ministry
would continue to promote the expansion of methadone
maintenance and other alternative therapies.

Davies, who has set up a working group on harm reduction
policies that includes more than a dozen MPs and several
senators, said she believes it's her job to create political
cover for her colleagues and the Health Minister.  "Building
political support across party lines is a very big part of
the work, so that when someone like Alan Rock sticks his toe
out to test the temperature he's not going to feel like he's
going to get trashed for doing something like this," she
said.

Davies is keenly aware of harm reduction as a life-or-death
policy.  "Downtown on the East side in Vancouver, which is a
part of the riding (district) I represent, people are
literally dying on the street," she said.  "And there are
all kinds of things that have to happen.  We need better
housing, we need social support, we need other treatment
options, prevention, education.  What I don't want to see,
though, is people just being further criminalized by the
judicial system."

Davies applauds the Canadian Association of Chiefs of
Police's decision to support the decriminalization of small
amounts of marijuana.  "They're basically saying this is not
a police issue anymore, it's a social issue, it's a health
issue," she said.  "I just hope that people like Alan Rock
and our Justice Minister, Anne McClellan are listening.  The
debate is there.  I see my job is just to push like hell."

Transcripts of Canadian House of Commons debates are
available online at <http://www.parl.gc.ca>.  Read much more
about heroin maintenance and other drug substitution
programs at <http://www.lindesmith.org/library/focal1.html>.

================

4. Canadian Police Chiefs Call for Decriminalization of
   Marijuana Possession

While it "stands firm in opposing any type of legalization
of any and all currently illicit drugs in Canada," the
Canadian Association of Chiefs of Police (CACP) announced
its support for the decriminalization of possession of small
amounts of marijuana and the medicalization of all illegal
drugs.  Such was the curious admixture of conservative
rhetoric and progressive policy recommendations in "Drug
Policy 1999," a report released last week by the group.

Brockville, Ontario police chief Barry King, who chairs the
CACP's drug abuse committee, explained.  "Over the years,
there have been a lot of definitions used and interchanged,
and in an improper sense in many cases, from
decriminalization to harm reduction to legalization to
medicalization," he told the Week Online.  "What we wanted
to do as the Chiefs of Police was to have a foundation for
the partners we deal with -- we deal with Health Canada,
with Justice, which writes the laws, we deal with addiction
research centers, and police -- so we decided to come up
with our definition, to put it on the table so that we have
a foundation we can all talk from."

One of the reasons the CACP opposes legalization, even for
small amounts of marijuana, King said, is because the UN
Convention on Narcotic Drugs precludes such a move.
Instead, the CACP wants the existing penalty for possession
of less than 30 grams of marijuana changed from a summary
conviction, which is similar to a misdemeanor but results in
a criminal record, to a ticketable offense.

"Our intent was not to change the law, but to give police
officers on the front line an option so that they may use
discretion like in other investigations," King said.
"They'd have the opportunity, depending on the circumstances
to give a ticket.  The person would have thirty days to pay
the ticket and avoid a criminal record.  If they failed to
do that, then we would enact the same law we have now and
apply the criminal charge."

King said the lighter penalties make sense for first time
offenders.  "There are a lot of people who experiment, and
after a short period of time, or if they get caught, they
quit.  And that's our long term objective, is to get people
off it," he said.  "But what's happened of course is that
under the existing law, even though it's a misdemeanor or
summary conviction, it's a barrier to employment.  We think
there's a far better message given out, not that we're
lightening up drugs at all, but that we spend more time on
traffickers, distributors, on organized crime.  It seems
like a reasonable alternative in the '90s."

Last year, some 70,000 people were charged with drug
offenses in Canada.  70 percent of those charges were
marijuana-related, and 60 percent of those were for
possession.  "Every time a police officer has to go in and
write up a report and dictate a Crown brief, that is time
off the road.  That's valuable time," King said.  Court time
and legal fees also add up.

King stressed that CACP's recommendations for
decriminalization were made with the proviso that any
changes in the law must be accompanied by an increase in
spending on prevention, education, and treatment.

The report also clarifies CACP's position on the medical use
of marijuana and other drugs.  In response to Health
Minister Alan Rock's announcement that Health Canada would
conduct clinical trials on marijuana's medical use, a policy
statement accompanying the report states, "The CACP fully
supports it... We realize this is not the first step towards
the legalization of marijuana for recreational purposes."

"People say, 'why don't we legalize drugs for medical use?'
We're saying, 'bad word.' Don't use 'legalization.'  It's
'medicalization,'" King said.  "We have morphine today, we
have codeine, we have a number of other tranquilizers that
are addictive but they have been authorized for medical use.
We have no problem with that.  Instead of trying to draw us
into arguments over medical use of marijuana or heroin or
cocaine, we're pointing out that Health Canada has a
regulatory responsibility, an approval process, and a
scientific based assessment.  And if they determine that a
given drug is beneficial, that's their responsibility.
We're not doctors."

King said CACP's recommendations, which will be presented
for approval by the full membership at an annual meeting
this August, and then to the Ministries of Justice, Health,
and the Solicitor General, and are just common sense.  "We
were not trying to be radical," he said.  "We were not
trying to reinvent anything."

The Canadian Association of Chiefs of Police is online at
<http://www.cacp.org>.

================

5. Swiss Panel Calls for Decriminalization of Cannabis
   Possession, Sales

Those radical Swiss are at it again.  In a report released
last Friday (4/23), a federal commission recommended that
the possession and sale of cannabis be decriminalized, and
proposed that regulations be drawn up to license merchants
who would be permitted to sell the plant only to Swiss
citizens.

"Cannabis is a drug, and the committee isn't intending to
trivialize it or say that its consumption is without risk,"
panel member Anne-Catherine Menetrey told Swiss radio.  "But
consumption is rising, especially among young people."  The
panel concluded that occasional use of marijuana does not
lead to the use or abuse of other drugs.  Moreover, it noted
that the current prohibition of marijuana is inconsistently
enforced, which may be contributing to the "growing loss of
credibility" of Swiss drug policy.

A national referendum would be required to implement the
proposed changes to the law, the panel said.  Last year, a
referendum to legalize the sale and possession of all drugs
was defeated by voters amid concerns about health risks and
worries that the country would become a magnet for drug
tourism.

But in 1997, Swiss voters overwhelmingly approved an
initiative to continue a heroin maintenance experiment after
a scientific review found the program significantly cut the
crime, disease and unemployment associated with heroin
addiction.  The Swiss heroin trial limited enrollment to
Swiss citizens, and the proposed rules for the sale and
possession of cannabis would require similar restrictions.

The commission's plan calls for the development of a
mandatory training and licensing program for merchants who
sell cannabis, and customers would have to produce
identification proving they were Swiss citizens.  As in the
Netherlands, where marijuana possession and sales have been
decriminalized since 1976, the panel recommended strict
controls on the production and distribution of the drug, and
said cannabis merchants should not be allowed to advertise
their wares.

================

6. Heroin in Australia, Part Two:  A Conversation with
   Michael Moore, ACT Health Minister

Last week, we spoke with Brian McConnell of Family and
Friends for Drug Law Reform on the state of drug policy in
Australia (http://www.drcnet.org/wol/088.html#ffdlr).  This
week we spoke with Michael Moore, Health Minister of the
Australian Capital Territory (ACT).  Moore has been a key
advocate for harm reduction policies in Australia, and
instrumental in engaging his colleagues in the debate over
drug policy in general.  He is the creator of the Australian
Parliamentary Group for Drug Law Reform, the inaugural
president of the Drug Law Reform Foundation, and a founding
member of Families and Friends for Drug Law Reform.  In
1994, he was awarded the Justice Gerald Le Dain Award for
achievement in the field of law from the Drug Policy
Foundation.

Moore has been a vocal proponent for a heroin maintenance
experiment that would provide addicts with heroin under
clinical supervision.  In addition, his most recent
initiative would permit health workers to set up "safe
injection rooms" where intravenous drug users can inject
their drugs with clean needles and without fear of criminal
prosecution, and receive access to treatment.  Mr. Moore
spoke with us by phone from his home in Canberra, ACT.

WOL:  How are you perceived by the public and other
politicians when you call for heroin trials, safe injection
rooms and other harm reduction policies?

MOORE:  My first election in 1989 was as a prohibitionist.
I was appointed chair of a select committee on HIV, illegal
drugs and prostitution.  I was responsible for setting up
probably the most liberal prostitution laws in the western
world -- they are still in place and giving us very little
trouble.  Then I proceeded down this path in terms of drugs.
As I changed my views, and did so very publicly, every other
politician that I knew said I could never be re-elected with
this stance.  Since then, I've been re-elected three times
and more than a hundred other Members of Parliament have
joined the parliamentary group, and they come from right
across our political spectrum.  I'm an Independent member,
and we have Liberal members, Labor members, Greens and
Democrats.

WOL:  What is the status of safe injecting rooms in the ACT,
and what has been your involvement?

MOORE:  As Minister for Health I put the proposal to
cabinet, have gained approval of cabinet, and have put one
piece of legislation and a motion before legislative
assembly.  The legislation I put up is to protect workers
from civil liability, from being sued if something goes
wrong other than in cases of negligence.  And the motion is
to get the approval of the Assembly to proceed because I am
a member of a minority government.

WOL:  Why are safe injection rooms needed?

MOORE:  We know that the methods we are using to deal with
illicit drugs are not working.  We believe safe injection
rooms will reduce the spread of disease.  We believe they
will improve the health of the community as well as the
health of the individual drug users.  But because we are not
absolutely positive of that, we want to insure we have an
appropriate evaluation conducted by the Australian National
University.  So we are conducting it as a scientific trial.
The scientific trial also makes it work within the context
of the international treaty.

WOL:  So the ACT can proceed with safe injection rooms, even
without the approval of the federal Commonwealth government?

MOORE:  There are some complications.  There was some debate
as to whether we have an international treaty that would
prohibit this, the UN International Convention on Narcotic
Drugs and Psychotropic Substance.  Our federal government
has responsibility for international treaties, and where
they've signed an international treaty, the states' or
territories' laws must comply with that treaty.  We do have
legal advice that we can proceed with safe injection rooms,
provided we do it by directive to the Director of Public
Prosecutions so that they won't prosecute in the public
interest.

WOL:  How does heroin maintenance fit into a harm reduction
or harm minimization strategy?

MOORE:  When somebody becomes semi-dependent on heroin, they
have four choices.  Remember, they are becoming semi-
dependent, they are really enjoying the use of their heroin,
but they are needing more money.  They can try prostitution,
they can try crime, they can make huge demands on their
family, or they can find three or four other people willing
to use heroin, sell to them and cream the top off.  And it's
that fourth choice that almost all of them make.  So those
four other people find sixteen, those sixteen people find
sixty-four more.  So what we have is a network marketing
system akin to Amway or Avon.  We know that it is the second
most effective marketing system in the world.

If you run a heroin trial and there is no increase in harm,
we then have a policy option for a fifth choice and it's the
fifth choice that is critical.  The fifth choice is that
instead of doing all of those things, a semi-dependent
person who needs more and more money can go to a clinic and
say, "I'm semi-dependent, I need heroin, what can I do?"  At
that point we can provide heroin and we can also provide
what we are interested in, and that is the treatment and to
reach out to them when they are ready to move away from
heroin.  It has all those advantages, but the most important
of all is that they don't use that forth choice.  They don't
drag other people into the network and expand the black
market.  It's quite a persuasive argument, isn't it?

WOL:  What needs to change politically for the heroin
maintenance trials to take place?

Minister Moore: I think that we will have a heroin trial in
Australia, and it will happen in one of two ways: either the
Prime Minister will change his mind, or we will change the
Prime Minister.  I don't mind which it is, provided it
happens quickly.

WOL:  Should abstinence be the ultimate goal of any heroin
trial?

Minister Moore:  The critical part is to not get an increase
in harm.  Our goal is to undermine the black market.  It's
not to do with whether the individual is abstinent or not
abstinent.  Every policy option we have in front of us fails
to do that, to undermine the black market.  Surely even
blind Freddy can see that the critical issue for us is to
undermine the black market.

The trouble is, the rhetoric gets caught up in puritanical
approaches, judgmental approaches.  It gets caught up in the
notion that the only treatment is a cure.  Yet we don't
apply that to diabetes or asthma, we don't apply that to
most medical treatments.  But for puritanical reasons we do
apply it to drugs.  It is interesting to observe how
successful we are with abstinence programs.  But it is
certainly not the key question.  The key question is do we
increase harm, do we reduce harm; if we have not increased
harm then we have a policy option to undermine the black
market.

WOL:  Are you optimistic about the future of Australian drug
policy?

MOORE:  There is no doubt in my mind that Australia will
continue with harm minimization.  We will trial a provision
of heroin to dependent users.  The reason is that when we
look around the world, we see that harm minimization works
best.  When you cut through the hype, when you look at it in
an academic way, a heroin trial has the best potential for
undermining the black market.  I do realize there are
certain groups that disagree with me, like our Prime
Minister.  But then, he took advice from the FBI -- say no
more.

(Read about Australia's long-running drug policy debates on
heroin maintenance, safe injecting rooms and other issues,
in DRCNet's special report by Greg Ewing from last summer,
archived at <http://www.drcnet.org/wol/049.html#australia>.
The Australian Drug Law Reform Foundation is online at
<http://www.ozemail.com.au/~petercle/druglaw/>.  Families
and Friends for Drug Law Reform can be found online at
<http://www.adca.org.au/ffdlr/>.  The ACT government home
page is online at <http://www.act.gov.au/government/>.

================

7. Government's Drug Test Ruled Inadequate, Todd McCormick
   Remains Free Pending Trial

Todd McCormick, a medicinal user of marijuana and activist,
remains free on bond today after a federal judge ruled that
a newly-developed urine test -- designed to distinguish
between marijuana and the legal pharmaceutical Marinol --
did not pass muster.  McCormick, who is free on $500,000
bond -- money that the government would have kept had they
been able to prove that McCormick used marijuana, awaits
trial in September on charges relating to his cultivation of
marijuana in Bel Air, California.

The test, which purportedly distinguishes metabolites found
only in the urine of people who have ingested marijuana from
the ones present in the urine of people who have ingested
Marinol, was created specifically to test McCormick.  After
two days of testimony, however, the government could not
convince the court that the test was scientifically valid,
and that based upon its findings, the government ought to be
allowed to keep McCormick's cash bond and incarcerate him.

"The judge made a fair and a just decision," McCormick told
The Week Online.  "I was the first person in history to have
the test administered to me, and it clearly wasn't valid."

In a stroke of irony, one of the urine tests that McCormick
was forced to undergo was administered on July 4th, 1998.
The connection was not lost on McCormick.

"[Being drug tested on Independence Day] is just another sad
example of where America has come to" he said.  "I've
battled a potentially fatal disease for most of my life.
I've had over 25 surgeries.  For years, before my arrest,
I'd used marijuana with the support of my doctors.  I've
never hurt a soul.  And here comes the government on July
4th to make me pee in a cup so that they can determine if my
body chemistry is up to their standards in an effort to
steal both my money and my freedom.  I would say that their
behavior was outrageous, but the truth is that to me, a
person who loves and believes in the principles embodied in
the nation's founding, it was really overwhelmingly sad."

================

8. Media Alert:  May Issue of Harper's Magazine Cover Story:
   Good Drugs, Bad Drugs

If you have a chance this month, pick up a copy of the May
edition of Harper's Magazine (on newsstands now) and read
"Good Drugs, Bad Drugs" by Joshua Wolf Shenk.  The piece
raises very interesting and very important questions about
an American culture in which millions of people ingest
perfectly legal mood altering drugs to battle everything
from depression to hyperactivity, while other drugs, many
with identical effects on the brain, are outlawed and
demonized and their users imprisoned.  The piece tackles the
hypocrisy of our policies from a thought-provoking and
informed perspective.

Good Drugs, Bad Drugs is simply a must-read, beautifully
written by one of the nation's finest and most intelligent
young writers.  And after you read the article (assuming you
are as impressed as we were), consider sending a note to the
editors to commend them for publishing it.

If you can't find Harper's at your local newsstand, you can
order a copy by calling (212) 614-6508.

================

9. Patti Smith to Play NYC's Bowery Ballroom to Benefit the
   Drug Policy Foundation

On Saturday, May 1, Patti Smith & longtime bandmates Lenny
Kaye, J.D. Daugherty, Tony Shanahan & Oliver Ray will
perform a benefit concert at New York City's Bowery Ballroom
to benefit the Drug Policy Foundation.  Prior to getting her
start at New York City's CBGB's in the mid-1970s, Smith made
a name for herself as a poet, and as an actress and
playwright in underground theatre.  In 1975, she released
the critically acclaimed album, Horses, a classic still
today.  Since then she has recorded six other albums,
including collaborations with Bruce Springsteen and REM's
Michael Stipe, and recently published Complete, a collection
of rare photos, song lyrics, and journal entries.  Today she
is considered to be one of the key figures in the history of
American indie-rock.

The Bowery Ballroom is located at 6 Delancey Street, New
York, NY 10002, (212) 533-2111.  Tickets are $15.

For more information about Patti Smith, check out
<http://www.arista.com/aristaweb/PattiSmith/> and
<http://ubl.com/ubl/cards/003/6/35.html>.

================

10. Forfeiture Reform Conference in DC, Justice Reform
    Protest in NYC and Nationwide

May 3, 9:00am - 1:30pm, Washington, DC.  Forfeiture Reform:
Now, or Never?  A half-day conference sponsored by Cato's
Center for Constitutional Studies featuring Rep. Henry J.
Hyde, Stefan Cassella, Ira Glasser, Gordon Kromberg, James
H.Warner, Samuel J. Buffone, and Roger Pilon.  For further
info, visit http://www.cato.org/events/ccs99/ on the web,
call (202)218-4633 or e-mail [EMAIL PROTECTED]

May 7, 9:00am, New York, NY.  Mothers in Prison, Children in
Crisis:  Rally to highlight the need for in-house drug
rehabilitation as an alternative to prison for mothers with
dependent children, 100 Centre St., sponsored by the
JusticeWorks Community.  For further information, call (718)
499-6704, fax (718) 832-2832, e-mail [EMAIL PROTECTED],
or visit http://www.justiceworks.org on the web.

See http://www.justiceworks.org/html/mothers.html-ssi for
contact info for other Mothers in Prison, Children in Crisis
rallies around the country.

================

11. EDITORIAL: Arizonans Ignore Rhetoric, Reap Benefits

Adam J. Smith, Associate Director, [EMAIL PROTECTED]

A report released this week by the Arizona State Supreme
Court has found that Proposition 200, passed by voters in
1996 and again, after the state legislature had gutted the
provision, in 1998, has in fact been an overwhelming
success.  Prop. 200, which mandates treatment or drug
education rather than incarceration for first and second-
time non-violent drug offenders, and which required that $4
million in alcohol tax revenues be set aside in a "drug
treatment and education fund," was anathema to many
politicians.  After its initial passage, in fact, US Senator
Jon Kyl (R-AZ) stood in the well of the Senate to apologize
to his colleagues, saying that his constituents had been
"duped" by "legalizers."

Not so, says the report.  In fact, the Supreme Court used
words like "very favorable" and even "remarkable" to
describe the new law's impact in only its first year of
operation.  Among the report's findings were that 2,622 non-
violent drug offenders were diverted from jail into
treatment or drug education, at a savings of more than $2.5
million to the state.  Supporters point out that the report
did not even take into account the savings from the
thousands of others who were arrested for other non-violent
offenses who were diverted into newly-available treatment
slots at judges' discretion.

Critics of drug policy reform have long depended upon fear-
mongering in the absence of evidence in support of punitive
drug policies.  Newspaper columnists, public officials and
others have felt free to cast any reform idea as a dark plot
by "the legalizers," out to bring down western civilization.
Words like "cabal" and "nefarious," accusations of seeking
to addict the nation's children to drugs, and gross
misrepresentations of both act and intent characterize much
of the rhetoric used to turn citizens against reform.

The truth, however, is far less intriguing but far more
devastating for those with a vested interest in the status
quo.  The truth is that people, lots and lots of people, are
fed up with the excesses and abject failure of America's
drug policies and are willing to vote to change it, despite
the most dire warnings from on high.  In Arizona, the people
had to vote twice on essentially the same initiative.  The
second time, for good measure, they also passed an
initiative requiring a 2/3 vote of the legislature to
overturn the letter or intent of an initiative passed by the
voters.

So here we are, a legally-mandated report on the new law's
operation in its first fiscal year completed, and it appears
as if the sky is not falling in Arizona.  Locking up non-
violent offenders under that state's previous "Do Drugs, Do
Time" policy was not, it would seem, the finger in the dike
holding back a flood of addiction and misery.  In fact, it's
likely that a whole lot of addiction and a whole lot of
suffering could have been averted if only the politicians
were willing to deal with these issues as intelligently as
were the citizens of Arizona.  With the truth out, let us
hope that the next time Senator Kyl feels the need to
apologize about his state's drug policy, he addresses his
remarks to, rather than about his constituents.

----------------------------------------------------------

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