Tag: drug war

  • Cops Still Bust People Using $2 Drug Test That Mistakes Bird Poop For Cocaine

    Cops Still Bust People Using $2 Drug Test That Mistakes Bird Poop For Cocaine

    Law enforcement still depends on a cheap, unreliable drug test to make arrests.

    Police once leveled charges on someone for cocaine that turned out just to be bird poop. Another time, for meth that was actually some flakes of donut glaze. Surprisingly, these arrests weren’t just in-the-moment visual mistakes, they’re the result of false positive drug test results.

    The problem, according to VICE News, is that the kit is a $2 test that isn’t all that accurate. The charges in these cases were eventually dropped after samples were sent off to state labs for testing—and probably a lot of legal legwork on the parts of the accused. Those who can’t afford to pay bail are forced to stay in jail for weeks, or even months, until their lab tests are returned.

    A Baggie Of Powdered Milk Tests Positive As Cocaine

    In some cases, people may be forced to plead guilty, as in the case of Cody Gregg. In October, Gregg took a guilty plea just to get out of the notoriously problematic jail he was placed in.

    After two months in that jail, he was sentenced to 15 years in prison. The original charge? Police found a baggie of powdered milk that tested positive as cocaine.

    “You cannot indict somebody—put somebody in jail—over something you know has a very high rate of false positives,” said Omar Bagasra, a biology professor at Claflin University. “It’s ignorance.”

    Bagasra has done work with the Marijuana Policy Project that found that police rely on a shoddy brand of drug tests that have mistaken patchouli, spearmint, and eucalyptus as marijuana.  

    Why Continue Using The Tests If They Don’t Work?

    So why do police continue to use these demonstrably bad tests? They’re cheap, making them the prime choice of departments across the United States. ProPublica found in 2016 that these tests have been used to justify thousands of arrests. The only upside is that the tests aren’t admissible in court, so police are legally required to get samples lab-tested.

    Another reason is that the tests are simple to do in the field, only requiring an arresting officer to drop a sample of a suspected substance, and then chemical capsules, into a bag. The contents of the bag will change color according to the particular drug it detects.

    Bagasra believes the chemistry behind the color change is not nearly as precise as cops think it is. The reagents in the capsules can cause a chemical reaction to a wide range of compounds, he explained to VICE. The capsule commonly used to test for cocaine, called cobalt thiocyanate, also turns blue when it comes into contact with Benadryl, drywall, laundry detergent, and whey protein powder.

    Not only that, but which colors appear are entirely subjective, especially in the dark of night under the flashing red and blue lights. Risk of contamination from random roadside particles also means the tests aren’t clean.

    Police claim they rely on more than just the test to arrest a suspect. Gregg, for example, had a criminal history and was also carrying a scale with the baggie of powdered milk.

    “Field testing of possible drugs by officers is a presumptive test only and is simply one part of the totality of the circumstances that can lead an officer to believe that enough probable cause exists to legally effect an arrest,” Capt. Larry Withrow of the Oklahoma City Police Department, which arrested Gregg, told VICE News. “We are reviewing our presumptive test procedures to determine if improvements can be made in this area.”

    View the original article at thefix.com

  • Kamala Harris Praises Illinois For Legalizing Marijuana

    Kamala Harris Praises Illinois For Legalizing Marijuana

    This is not the first time that Senator Harris (D-CA) has spoken out in favor of legalized cannabis.

    Democratic presidential hopeful, Senator Kamala Harris, took to Twitter this week to praise Illinois for legalizing marijuana and moving to expunge the records of people with marijuana-related criminal records. 

    “Thankful states like Illinois are stepping up to correct the mistakes of our past. It’s time to do the same at the federal level,” Harris wrote on Twitter

    Illinois Governor J.B. Pritzker signed legislation this week that makes recreational cannabis legal for adults who are 21 or over. At the same time, the legislation will automatically expunge records for people who were caught with 30 grams of cannabis or less, while others with more serious offenses can petition the court for expungement. 

    Harris Talks Cannabis Reform In Her Book

    This is not the first time that Harris (D-CA) has spoken out in favor of legalized cannabis. In January she explicitly called for cannabis law reform in her book The Truths We Hold: An American Journey

    “Something else it’s past time we get done is dismantling the failed war on drugs—starting with legalizing marijuana,” she wrote. “We need to legalize marijuana and regulate it, and we need to expunge nonviolent marijuana-related offenses from the records of millions of people who have been arrested and incarcerated so they can get on with their lives.”

    More broadly, she wrote about drugs: “”We also need to stop treating drug addiction like a public safety crisis instead of what it is: a public health crisis. When someone is suffering from addiction, their situation is made worse, not better, by involvement in the criminal justice system.”

    Harris formerly worked as a prosecutor—as San Francisco’s district attorney and then attorney general of California—and has said that race undoubtedly plays a role in who is tried for marijuana crimes. 

    “The fact is marijuana laws are not applied and enforced the same way for all people. African-Americans use marijuana at roughly the same rate as whites, but are approximately four times more likely to be arrested for possession. That’s just not fair,” she has said in the past. 

    In addition, Harris has admitted that she smoked pot in the past.  

    “Look I joke about it, I have joked about it. Half my family is from Jamaica, are you kidding me?” she said in February. “I have had concerns, which I think—first of all, let me just make this statement very clear, I believe we need to legalize marijuana. Now, that being said… we need to research, which is one of the reasons we need to legalize it. We need to move it on the schedule so that we can research the impact of weed on a developing brain. You know, that part of the brain that develops judgment, actually begins its growth at age 18 through age 24.”

    View the original article at thefix.com

  • Cory Booker Criticizes Biden Over Crime Bill That Intensified War On Drugs

    Cory Booker Criticizes Biden Over Crime Bill That Intensified War On Drugs

    Booker wants Biden to take more accountability for his role in passing legislation that exacerbated sentencing disparities in black and brown communities.  

    Presidential candidate Senator Cory Booker brought up Joe Biden’s 1994 crime bill as a key factor in the “War on Drugs” and the increasingly disproportionate incarceration of people of color in an interview on NBC’s Meet the Press

    The Violent Crime Control and Law Enforcement Act of 1994, which then-Senator Joe Biden helped to write and pass, increased the number and average length of prison sentences in the U.S. and incentivized local governments to build more prisons and jails. Criminal justice reform advocates have pointed to this bill as the start of an accelerated rate of mass incarceration.

    “These are very typical, painful issues to the point now that, because of a lot of the legislation that Joe Biden endorsed, this war on drugs, which has been a war on people, we now have had a 500% increase in the prison population since 1980, overwhelmingly black and brown,” Booker said. “There’s more African Americans under criminal supervision today than all the slaves in 1850. These are real, painful, hurtful issues.”

    Sentencing Disparities Persist

    Booker also pointed out that other Democrats who were involved in the creation and passage of the 1994 bill have expressed remorse while Joe Biden has continued to defend it.

    “But what we’ve seen, from the vice president, over the last month, is an inability to talk candidly about the mistakes he made, about things he could’ve done better, about how some of the decisions he made at the time, in difficult context, actually have resulted in really bad outcomes,” he said.

    According to The Sentencing Project, there are more people behind bars today for a drug-related offense than the entire prison and jail population for any crime in the year 1980. One in three black men will be behind bars during some period of their lives. That number is one in 17 for white men.

    Incarceration Rates Soar

    Incarceration rates, particularly for low-level drug offenses, have skyrocketed while crime rates have decreased overall across the country since 1980. Violent crime rates in particular have fallen sharply during the past 25 years, according to a report by the Pew Research Center.

    Senator Booker has made criminal justice reform a central issue for his 2020 presidential campaign. In June, he revealed a plan to commute the sentences of 17,000 prisoners convicted of drug-related crimes, followed by a bill to protect immigrants from being deported or denied entry into the country for cannabis possession.

    “For decades, this broken system has hollowed out entire communities, wasted billions of taxpayer dollars, and failed to make us safer,” Booker’s campaign website reads. “As president, Cory will fight to end the War on Drugs, implement bold and comprehensive reforms of our criminal justice system, and pursue restorative justice.”

    View the original article at thefix.com

  • Everything you think you know about addiction is wrong | Johann Hari

    Everything you think you know about addiction is wrong | Johann Hari

    What really causes addiction — to everything from cocaine to smart-phones? And how can we overcome it? Johann Hari has seen our current methods fail firsthand, as he has watched loved ones struggle to manage their addictions. He started to wonder why we treat addicts the way we do — and if there might be a better way. As he shares in this deeply personal talk, his questions took him around the world, and unearthed some surprising and hopeful ways of thinking about an age-old problem.

    TEDTalks is a daily video podcast of the best talks and performances from the TED Conference, where the world’s leading thinkers and doers give the talk of their lives in 18 minutes (or less). Look for talks on Technology, Entertainment and Design — plus science, business, global issues, the arts and much more.

    View the original article at ted.com

  • The Empty Chair Campaign Highlights Loss and Sorrow Caused by the Drug War

    The Empty Chair Campaign Highlights Loss and Sorrow Caused by the Drug War

    The families of people incarcerated, distanced, or deceased because of the drug war live year-round with the unique suffering of loving someone whose pain you do not have the power to heal. During the holidays, that loss rises to the surface.

    Whether you’re celebrating Christmas, Hanukkah, Kwanzaa, New Year’s Day, or something else this winter, the one element that probably shapes your holiday celebrations most is family. For most of us, that’s joyous, stressful, lovely, and anxiety-inducing all rolled into one. For those of us whose extended family will be present, we might even dread the holidays a little bit, fearing the awkward antics of Uncle Joey or the grotesque way our cousin brags about her perfect life. But for families affected by the war on drugs, winter holiday festivities don’t get to be about celebrating your family or nitpicking your sister’s new boyfriend. Instead, they are shaped by grief and loss.

    If you read the news at all, or even just scroll Twitter every once in a while, you probably know that drug overdose deaths have skyrocketed. Approximately 175 people die by drug overdose every day. That’s 72,000 each year, and the majority of those deaths — almost 50,000 — involve some type of opioid. Alcohol deaths, which are counted separately, account for approximately 88,000 deaths each year, according to the Centers for Disease Control. So the impact of death due to substance use is huge, all on its own. But losing a loved one to a drug-related death is not the only way families are affected by drug use and the stigma that surrounds it.

    The Impact of the War on Drugs at the Holidays

    There are currently 200,000 people locked up in state prisons for drug crimes, and 82,000 convicted of drug crimes in federal detention facilities. These people are fathers and mothers, brothers and sisters, uncles, cousins, sons, daughters, and friends. Their loss is felt year-round by those who love them, but families affected by the drug war have an especially difficult time during the holidays. The pain of the season is why, each year since 2012, Moms United to End the War on Drugs runs their Empty Chair Campaign. It starts around Thanksgiving and extends through the December holidays. While families gather to celebrate love, unity, and forgiveness, the empty chair symbolizes those who cannot be present — either through death, incarceration, or the stigma that latches onto people who use drugs or struggle with addiction.

    “Part of the goal of the Empty Chair Campaign is to also destigmatize the loss of a loved one through overdose,” says Diane Goldstein, a retired police officer who now chairs the Law Enforcement Action Partnership, a group of criminal justice officials working toward system reform. Goldstein says she was inspired to work on criminal justice reform after watching her own brother struggle with substance use and mental health issues. Eventually, he died of a poly-substance overdose.

    “My mother was horribly embarrassed by my brother’s death and couldn’t talk about it,” Goldstein recalls. “I think you see a lot of families who that occurs with, so we are inclusive, not just of the victims of the drug war — which isn’t really a war on drugs, it’s a war on people — but to family members as well. It’s intended to reduce the stigma of the criminalization of drug use, support drug users, and help change the criminal justice system from criminalization to a public health approach.”

    The Empty Chair Honors an Absent Loved One

    The Empty Chair Campaign uses the symbol of the empty chair at the family table to stand in for the missing family member and highlight their absence. To participate, you can change your Facebook avatar to the empty chair logo, or you can post a photo of an empty chair at your table with a photo of your loved one and a label explaining why they’re missing: incarceration, accidental overdose, stigma, drug war violence.

    Gretchen Bergman, the executive director of Moms United to End the War on Drugs as well as its parent organization A New PATH, spent decades living with the overwhelming fear and anxiety unique to parents of children with drug addictions. That anxiety grew as she watched two sons sink into the world of destructive shame, stigma, and involvement with the criminal justice system which is now inextricably linked with addiction, thanks to the drug war.

    “My sons both tended to be leaders,” Bergman recalls, “My younger son was always a risk taker. He was the guy who jumped off the roof and dove into the swimming pool…My older son was very thoughtful, more cerebral.”

    Perhaps it was that cerebral nature which helped Bergman’s elder son, Elon, survive the prison system as he cycled through during his active addiction. He spent a combined eight years in prison, and three years on parole — and it all began when he was just 20, with a marijuana charge. Elon first acquired a taste for IV heroin behind bars, says Bergman, an addiction which would rule his 20s.

    “Today, because of our change of laws, he wouldn’t even be arrested at all,” Bergman notes of her son’s initial marijuana arrest — touching on a bitter truth that the lack of drug law uniformity has created across the United States. Whether or not a person becomes caught in the destructive and self-perpetuating criminal justice system depends largely on when and where they were arrested. Marijuana arrests are also disproportionately weighted against people of color, with the American Civil Liberties Union reporting that black people have historically been 3.73 times more likely to be arrested for marijuana than their white counterparts despite equal rates of use.

    Family Celebrations Marred by Grief

    For the Bergman family, the war on drugs became a constant, uninvited guest at their holiday celebrations. Year after year, Gretchen Bergman found herself faced with the decision: should she spend the holidays with her son in prison or with the rest of her family? Even when she decided to attend the big family dinner — knowing she’d spend the night nursing her broken heart as she thought of her son cold and alone in his prison cell — she didn’t always have her youngest son Aaron with her, either. Though Aaron never got caught up in the cycle of release and re-incarceration that seems to follow people with felony convictions, he used IV drugs for decades. The shame that often accompanies this type of drug use, which is so heavily stigmatized that even other drug users feel superior to people who use needles, led Aaron to stay on the streets and miss family functions.

    “We really thought we were going to lose him because his health was compromised, and he seemed so lost, and he became a multi-drug user,” Bergman recalls. “But I always believed he was still there.”

    Today, both of Bergman’s sons are in recovery. Aaron, the younger son, managers a sober living home owned by his older brother Elon.

    Julia Negron, who runs the Suncoast Harm Reduction Project in Florida, grew up around drugs. She ended up in the foster care because of her mother’s drug use, and eventually battled her own heroin addiction. She has never known a life not touched by drug and alcohol misuse. And, not surprisingly, she has lost a number of friends and family members to drug-related complications, including overdose. But the experience that haunts her most was the total helplessness she felt as the mother of a drug-addicted child being forced through the criminal justice system instead of guided toward drug treatment that could have truly helped him.

    “It’s just terrible,” she says about the holiday celebrations when her son was absent. “It’s not just that they’re not there, you feel they’re unjustly being held somewhere. You feel like it’s a hostage situation.” She recalls packing her family, including young grandchildren, into the car one Thanksgiving and driving them four hours across the California desert to get to the facility where her son was being held. “By the time we went through security and they had to strip search him and do all their stuff on that end,” she says, “they managed to use the entire time allotted to visiting…We never did see him.”

    Parents and families of people incarcerated, distanced, or deceased because of the drug war live year-round with the unique suffering of loving someone whose pain you do not have the power to heal. During the holidays, that loss rises to the surface, almost as tangible as the missing person. The Empty Chair Campaign does not seek to cure this sorrow, which won’t abate until the drug war is finally given the ceasefire we all need. Instead, it hopes to bring it to the surface, in order to raise awareness and honor those very real people who deserve their seat at the family table.

    “What kind of kills you is you know the person inside, you know who he is,” says Bergman, describing the experience of having a child who is incarcerated for having a substance use disorder. “Right at the time he needs treatment and healing, which would have involved introspection, he’s behind bars, where in order to survive you have to harden your heart. You watch him disappear into that shell that he needed to in order to survive in that cold, concrete, violent atmosphere. It’s terrible to watch.”

    Have you lost someone due to the drug war? Let us know in the comments.

    View the original article at thefix.com

  • Bangladesh Drug War Claims Hundreds Of Lives

    Bangladesh Drug War Claims Hundreds Of Lives

    Since May, It is estimated that more than 200 people have been killed and 25,000 more imprisoned in the country.

    The violent anti-drugs campaign in Bangladesh has claimed more than 200 lives, according to human rights advocates. 

    “It is unprecedented in Bangladesh. So many people have been killed in such a short period of time,” Sheepa Hafiza, executive director of Ain o Salish Kendra, told Agence France-Presse (AFP). 

    The group estimates that more than 200 people have been killed, with 25,000 more imprisoned, in Bangladesh since May, when Prime Minister Sheikh Hasina launched the “war on drugs.” While the authorities deny wrongdoing, reports of “cold-blooded murders by police and the elite security force” surfaced at that time, Deutsche Welle reported. 

    Due to the violent and aggressive nature of the anti-drugs campaign, it is being likened to the drug war in the Philippines, launched by President Rodrigo Duterte in 2016. 

    “This is very unfortunate. We condemn these extrajudicial killings and want fair investigations into each of these killings,” Hafiza told AFP.

    A former chairman of Bangladesh’s National Human Rights Commission, Mizanur Rahman, also condemned the government’s actions. 

    “By killing suspects during raids, the security forces are violating the country’s legal system,” Rahman said, according to Deutsche Welle. “Extrajudicial killings are unacceptable in a democratic country. The authorities must respect human rights and respect the rule of law during their operations.” 

    According to TIME, Bangladesh is not the only country that appears to be taking cues from the Philippines. Just this month, Sri Lankan President Maithripala Sirisena announced that after a 40-plus year moratorium, the country will resume giving out death sentences for drug offenders.

    “From now on, we will hang drug offenders without commuting their death sentences,” said Sirisena. 

    “We were told that the Philippines has been successful in deploying the army and dealing with this problem. We will try to replicate their success,” said a spokesman for the president, Rajitha Senaratne.

    The last time Sri Lanka applied the death penalty was in 1976, according to the Guardian. According to Senaratne, this decision applies to 19 drug offenders whose death sentences had previously been commuted to a life sentence; they will now face execution.

    Human Rights Watch estimates that the Philippines drug war has claimed at least 12,000 lives since 2016, primarily of “poor urban dwellers, including children.” 

    Prior to his election, then-presidential candidate Rodrigo Duterte had promised to kill 100,000 criminals in the first six months of his presidency. He has encouraged violent anti-drugs enforcement and praised mass killings of drug suspects.

    View the original article at thefix.com

  • New York Federal Judge Admits He’s Been Too Tough on Marijuana

    New York Federal Judge Admits He’s Been Too Tough on Marijuana

    The judge says he wants to make things right, in both his current and future judgments.

    Judge Jack Weinstein of Brooklyn, New York admits he’s probably been too harsh on marijuana offenders throughout his career. To make amends, he has vowed to be more lenient in future cases and to fix the cases he can now.

    To that end, he plans to dig back through his cases and do away with supervised releases for marijuana offenders. Assigning probation officers to offenders who are simply trying to get their lives together after time in jail is a waste of time for all parties involved, Weinstein reasoned.

    He’s already begun by prematurely terminating the three-year supervised release of 22-year-old Tyran Trotter, despite the fact that Trotter had smoked marijuana to stay “calm and on the right path.” While Trotter was in the system after pleading guilty to conspiracy to distribute heroin, Weinstein believes that booking him just for marijuana would be a mistake.

    “If his supervision continues, he will probably end up in the almost endless cycle of supervised release and prison,” wrote Weinstein of the case in a 42-page ruling.

    Besides Trotter’s case, Weinstein also wrote more broadly about marijuana’s legal status in general, mentioning that it’s “becoming increasingly accepted by society.” Law enforcement and the court systems are beginning to reflect this change in perception as well. Weinstein notes that even New York prosecutors aren’t aggressively pursuing lower-level marijuana cases.

    Additionally, the New York Police Department has taken to issuing summonses to people caught smoking marijuana instead of arresting them.

    However, Weinstein notes, the use of marijuana is still illegal at the federal level and federal probation officers will act accordingly. If marijuana offenders don’t stay mindful of this distinction, it could lead to getting booked for violating probation or even getting thrown in a cell.

    Potentially, that’s a lot of offenders considering 13% of supervised releases in Brooklyn and Long Island area courts are drug-related. Weinstein isn’t the only judge who feels that way; a 2014 survey revealed that more than 85% of 650 federal court judges felt that offenders should not be automatically locked up when charged with illegal drug possession.

    View the original article at thefix.com

  • "Social Equity" Program To Help Those Impacted By Drug War In Massachusetts

    "Social Equity" Program To Help Those Impacted By Drug War In Massachusetts

    The programs aims to help people who have been disproportionately affected by the drug war enter the cannabis industry with ease.

    The state of Massachusetts is rolling out a new “social equity” program to help certain individuals navigate the legal cannabis industry.

    Cannabis for adult (or “recreational”) use is a booming industry. It is legal in nine states and the District of Columbia, while more, including New Jersey and New York, may follow.

    Equity programs already exist in California, but the one in Massachusetts would be the first in the nation to be applied statewide.

    The idea is to provide assistance to people who have been disproportionately affected by the government’s long-waged “war on drugs.”

    To be eligible for the Massachusetts program, a person must either have a past drug conviction or be the spouse or child of a person with a drug conviction, who has lived in the state for the last year; or they must have lived in a community deemed an “area of disproportionate impact” for at least five years and earn below 400% of the federal poverty level.

    Eligible applicants will receive mentoring, technical assistance, and skills training to help them enter the cannabis industry with ease.

    “The social equity program is designed to create sustainable pathways into the adult use cannabis industry for both individuals and businesses,” said Shekia Scott, the director of community outreach for the Cannabis Control Commission (CCC), which was tasked with helping those disproportionately affected by the criminalization of marijuana get in on the growing industry.

    The program’s goal is to create a comprehensive program tailored to each applicant at any skill level—whether they want to start a business or find an entry level job.

    “We want applicants to specify their needs so we can meet them where they are,” said Scott, who introduced the social equity program at a Tuesday (June 26) meeting of the CCC. “We’re not making a one-size-fits-all program, that we know usually doesn’t fit all.”

    While the Massachusetts program does not specifically target certain people of color, inevitably many black and Latino residents will be eligible to participate.

    According to the American Civil Liberties Union, black Americans are arrested for cannabis possession at more than 3.7 times the rate of whites, despite the fact that marijuana is used at comparable rates by both groups.

    According to Marijuana Business Daily, owners and founders within the cannabis industry are 81% white, while just 4.3% are black and 5.7% are Latino.

    View the original article at thefix.com

  • How A Ballot Measure Decreased Racial Disparity In California Drug Arrests

    How A Ballot Measure Decreased Racial Disparity In California Drug Arrests

    Prop. 47 led to a 75% reduction in felony drug arrests in California.

    Four years after California voters approved Proposition 47 in 2014—which reclassified “non-serious and non-violent property and drug crimes” from a felony to a misdemeanor—a new analysis was able to quantify the impact that the measure has had on the state of California.

    Not only did Prop. 47 lead to a 75% reduction in felony drug arrests in California, it was also associated with a reduction in the racial imbalance of drug arrests. One month after the measure was enacted, the difference between the number of Black and white felony drug arrests decreased from 81 to 44 per 100,000 population, and “continued to decline over the course of the year,” according to a statement by the UC San Francisco (UCSF).

    The findings are encouraging to those who advocate for rolling back the harmful impact of the drug war, which includes a much-researched disparity in the number of Black and Latino Americans who are arrested and incarcerated for drug-related crimes compared with the number of white Americans.

    “Our findings suggest that efforts like Prop. 47 are an effective way to decrease the disparity in drug arrests between Blacks and Whites,” said Alyssa Mooney, MPH, a UCSF doctoral student and study author.

    “The collateral consequences of felony drug convictions are severe—affecting everything from whether someone can get a job to their ability to get housing and student aid,” Mooney said. “So, alleviating these disparities could help narrow the significant disparities we see between groups in important health and social outcomes.”

    Efforts to level the playing field for communities that have been disproportionately impacted by the long-waged “War on Drugs” are being applied all across California. Nearly all of its major cities—including Los Angeles, Oakland, Sacramento and San Francisco—have implemented some sort of “equity program” to give a boost to certain individuals who wish to enter the booming marijuana industry.

    And in San Francisco, officials have decided to retroactively apply Proposition 64, the measure that legalized the adult use of marijuana in California, to expunge thousands of marijuana convictions dating back to 1975.

    “A criminal conviction can be a barrier to employment, housing and other benefits, so instead of waiting for the community to take action, we’re taking action for the community,” said San Francisco District Attorney George Gascón.

    View the original article at thefix.com