MetaFilter posts tagged with drugs and law

Minimums No Longer Mandatory?

Law Talkin' Guy — Sun, 26 Apr 2009 13:03:22 -0800

Legislation has been introduced in the U.S. Congress to repeal mandatory minimum sentences associated with drug offenses. If passed, the federal government would join eighteen other states in abandoning the "tough on crime" stance of the 1980's when it comes to drug offenders. State reforms include including New York's legislative repeal of the Rockefeller Drug Laws, Michigan's repeal of 650 lifer sentencing, North Dakota's repeal of one-year mandatory minimum sentences for first-time drug offenders, Arizona's Proposition 200, which required probation and treatment for nonviolent drug offenders, Louisiana's decision to restore eligibility for parole and probation to nonviolent offenders, and the Kansas Sentencing Commission's recommendation for mandatory treatment for nonviolent offenders. These reforms follow a shift in public opinion that overwhelmingly favors rolling back mandatory minimum sentences. Such sentences have been criticized by judges from the trial level to the Supreme Court of the United States, including Justice Stephen Breyer, former Chief Justice William Rehnquist, and Justice Anthony Kennedy, who branded mandatory minimums unwise and unjust. Mandatory minimum sentences for drug offenses are sometimes longer than violent crimes such as manslaughter. Mandatory sentencing is only rarely visited on in its intended target; only 11% of federal drug defendants are classified as high-level dealers, leaving street-level defendants and other peripheral figures to bear the brunt of 5, 10, or 20 year sentences. Mandatory minimum sentences interfere with access to treatment, contribute to higher rates of recidivism, have not been shown to be cost effective.

The Spice Must Flow

furiousxgeorge — Sun, 25 Jan 2009 00:43:40 -0800

(Some links NSFW) Any down on their luck stoner is familiar with so called, "legal bud" Herbs of all kinds have been marketed online to the connectionless or legally restricted that offered a marijuana like high without the legal consequences. Everyone knows they are all scams. It might surprise you, that some were not. Commonly sold under the names Spice or Zohai, mixtures of herbs sprayed with synthetic cannabinoid substances such as HU-210 or JWH-018 have been available online for at least the past four years. This thriving grey market has recently come to a grinding halt. Spice was listed as containing a varying mix of herbal ingredients, some of which could plausibly offer a psychoactive experience. The government in Frankfurt was not convinced that the listed ingredients could account for the reported THC like effects. A study was commissioned that revealed the presence of an unlisted ingredient, a synthetic cannabinoid. Several nations were quick to enact bans. In the United States, a shipment of spice was intercepted by customs agents. Tests of the material confirmed the presence of HU-210, which is illegal under the Analog Act. Spice, and similar products, in a matter of weeks have been made near impossible to find. This is a rare, sweeping victory in the War on Drugs. Will these synthetic cannabinoids never be heard from again, despite potential promise in medical research? Will they be demonized out of our medical culture like their mother drug? Will other individuals find a way to stealthily market similar compounds to those just looking for fun? Time will tell.

No surprises here

Pope Guilty — Wed, 07 Jan 2009 18:34:26 -0800

Salon has an article up which is a pretty solid summary of why marijuana is illegal.

pee in this!

parmanparman — Fri, 14 Mar 2008 07:05:50 -0800

Federal Court rules Drug-Free Workplace Laws are unconstitutional. A federal appeals court ruled Thursday a city can't require all job applicants to be tested for narcotics and must instead show why drug use in a particular job would be dangerous. Decision here (warning PDF)

"we upheld against proportionality attack a sentence of 40 years' imprisonment for possession with intent to distribute nine ounces of marijuana" - Justice Kennedy

daksya — Mon, 26 Nov 2007 06:04:29 -0800

DrugPolicyCases.com - Yakov Spektor, a New York-based attorney, combed through two decades of US Supreme Court opinions "to discern certain trends in the Court's treatment of various issues" related to the War on Drugs. The collection of opinions are organized by case, author and topic.

Paeykillers

daksya — Tue, 20 Nov 2007 23:58:34 -0800

Richard Paey Speaks - An interview with the paraplegic man sentenced to 25 years in prison for treating his own pain, but now out after a full pardon by the Florida Governor. Some related posts on this topic: The war on pain relief Pain Management as a Human Right Many of World's Poor Suffer in Pain RIP Robin Prosser

RIP Robin Prosser

homunculus — Mon, 29 Oct 2007 12:03:14 -0800

Robin Prosser was a former concert pianist and systems analyst who suffered from an autoimmune disease similar to lupus for over 20 years. The disease left her in constant pain and made her allergic to most pharmaceutical painkillers. Only medical marijuana brought her relief, but last spring the DEA seized her medicine. Unable to cope with the chronic pain any longer, she committed suicide on October 18th. [Via Andrew Sullivan.]

Peter Stafford, RIP

homunculus — Sat, 21 Jul 2007 22:15:11 -0800

Peter Stafford, psychedelics investigator and author of the Psychedelics Encyclopedia (PDF preview), has died. [Via BB.]

Pain Management as a Human Right

homunculus — Sun, 08 Jul 2007 20:15:01 -0800

Recognizing Pain Management as a Fundamental Human Right. These pieces from the journal of the International Anesthesia Research Society argue that under-treated chronic pain is becoming a public health crisis which must be addressed. But a warning to pain doctors in the U.S. who prescribe opioids in doses that seem high to narcotics agents and prosecutors: “Be afraid.” [Via Hit & Run and TalkLeft.]

Brent Kovar's Next Big (Imaginary) Thing

The Deej — Sun, 01 Jul 2007 09:16:41 -0800

Brent Kovar got investors and employees to believe his invention was the next big thing, but nobody's ever seen it. Mister Kovar had also been appointed in 2003 to the Business Advisory Council of the National Republican Congressional Committee by then-Congressional Majority Leader Tom Delay. Apparently, a DC-9 they co-owned (painted to resemble aircraft from the U.S. Dept of Homeland Security) was busted in Mexico with 5.5 tons of cocaine on board. First link via fark

"The phrase 'I'm from the government and I'm here to help' will become even more terrifying."

EarBucket — Sat, 09 Jun 2007 10:53:27 -0800

On December 18, 2004, Ascension Alverez-Tejeda and his girlfriend were stopped at a traffic light near La Pine Oregon, and when the light turned green, the car in front of them stalled. Alverez-Tejeda stopped in time but a pickup truck behind him rear-ended him. When he got out to look at his bumper, the police showed up and arrested the truck driver for drinking and driving. The cops then convinced Alverez-Tejeda and his girlfriend to go to a nearby parking lot, ordered them out of their car and into in the back of the cop car for 'processing.' While they were in the cruiser, a person jumped in their car and took off. The cops ordered the pair out and set off in full pursuit up the road.

But it was all a set up worthy of David Mamet. DEA agents were tracking a drug gang and. . .decided to stage something, perhaps even a carjacking, in order to seize the drugs without tipping off the conspirators. They never consulted a judge, but every person in the story, other than Alverez-Tejeda and his girlfriend, was a cop of some sort.

Laws on getting high

daksya — Wed, 23 May 2007 07:19:24 -0800

Spiritual Highs and Legal Blows - the power and peril of religious exemptions from drug prohibition

Martial law on-demand in Baltimore

dead_ — Thu, 17 May 2007 12:37:54 -0800

Public gatherings restricted? Check. Shutdown of independent businesses? Check. Lockdown on traffic and transportation in the area? You bet. Lawmakers in Baltimore trying to curb the city's homicide rate (already 108 this year) have come up with some "desperate measures" of questionable constitutional legality, including heightening police presence in order to lockdown streets in "emergency areas." It has been called, "partial martial law" by some, and one has to wonder if the city of Baltimore may not do better to take a page from The Wire's Hamsterdam for a solution to their inextricably linked drug and homicide issues.

Turn on, tune in, get out

homunculus — Tue, 24 Apr 2007 22:42:40 -0800

Entheogens and Psychotherapy. A 2001 paper by Canadian psychotherapist Andrew Feldmar on the potential therapeutic uses of psychedelics and his own experience with LSD. Now, because of this paper, he is no longer allowed to enter the U.S. [Via Mind Hacks.]

Drug-resistant tuberculosis

homunculus — Thu, 05 Apr 2007 11:37:51 -0800

Drug-resistant TB strain raises ethical dilemma. A man in Arizona who has a virtually untreatable strain of extensively drug-resistant tuberculosis (XDR TB) has been locked up indefinitely because he failed to take precautions to avoid infecting others, even though he has not commited a crime. The new strain of TB is described as a nightmare by health officials, and though mainly found in Africa and Asia, it is slowly beginning to spread in the U.S. [Via Technoccult.]

Prison Rape and the War on Drugs

homunculus — Fri, 23 Mar 2007 20:23:50 -0800

Stories from Inside: Prisoner Rape and the War on Drugs (PDF). A new report by the human rights group Stop Prisoner Rape. [Via Drug WarRant.]

The Limits of Free Speech in Schools

digaman — Mon, 28 Aug 2006 09:46:40 -0800

From the guy who brought you the Whitewater scandal and the impeachment of President Clinton for lying about oval antics in the Oral Office, a legal push to make the Supreme Court just say no to "Bong Hits 4 Jesus." Ken Starr's petition to the Court [PDF] makes clear that Starr believes this is no laughing matter, but a chance for the Court to make a landmark ruling that will give school adminstrators the power to limit student speech: "This case presents the Court with a much-needed opportunity to resolve a sharp conflict among federal courts (and to eliminate confusion on the part of school boards, administrators, teachers, and students) over whether the First Amendment permits regulation of student speech when such speech is advocating or making light of illegal substances."

After the operation it was confirmed...

amberglow — Sat, 26 Aug 2006 14:46:29 -0800

Sherri Finkbine --as reported by BBC News, on this day in 1962 (video clip too)--her travails and travels, the law, publicity, and what happened afterwards. (more here from American Prospect in 05: ...A Gallup Poll taken that year showed that the majority of Americans supported Finkbine, and her case was a turning point ...)

“Even if it doesn't reduce the number of meth addicts by even one, stopping the labs is a huge plus.”

ijoshua — Thu, 16 Feb 2006 18:17:59 -0800

Sine-Off is the first brand of cold, flu and sinus congestion medicine to completely reformulate and remove pseudoephedrine, the key ingredient needed to make Crystal Meth.

How much does your lawyer get paid?

monju_bosatsu — Mon, 13 Feb 2006 17:30:51 -0800

Lawyers appear to missing out on the growth of the leisure class. Despite American's growing leisure time, and despite another round of pay increases for starting associates, lawyers seem to be working more hours than ever. As long as lawyers are tied the billable hour, it seems that greater salaries for associates inevitably means longer hours for associates. Law professor Pat Schiltz argues [pdf] that the longer hours for new associates combined with the high pressures of law practice means that those lawyers often suffer from depression, anxiety, alcoholism, drug abuse, and suicide at very high rates, and are often forced into unethical practices just to meet the requirements of the law firm.

The 'Bali nine'.

sjvilla79 — Sun, 24 Apr 2005 03:43:24 -0800

The Australian media is calling them the 'Bali nine'. Nine young Australians are being held in Bali under suspicion for attempting to smuggle 8.3 kg (or 11.25 kg depending on what you read) of heroin through Bali's airport. They were caught with the drugs allegedly strapped to their bodies while accomplices were apprehended at a nearby hotel. Most of the nine Australians are now cooperating with police enquiries even though they fear doing so will further endanger the lives of their families (e.g. drug lords punishing them for talking). Don't get this latest case mistaken, however, with the other high-profile Australian drugs case in the Australian media right now. Beauty therapist Schapelle Corby, 27, is also being held in Bali for the 4.1 kg of top-notch marijuana found in her bodyboard bag some months ago. Prosecutors in that case have asked for a life sentence to be handed down to Corby. She has supposedly escaped death by firing squad. Her legal team and family, though, say she was a victim of dodgy baggage handlers and an Australian interstate drug smuggling operation that uses unknowing interstate Australian travellers as drug mules. Most Australians are worried about this, too. Of course, the strain of the case on Corby is beginning to show. But getting back to the 'Bali nine'. What will their fate be? Another Australian was just given an execution order in Vietnam for also smuggling Heroin. It's all nasty stuff, hey. News reports indicate that Australian officials will seek clemency for those involved in the latest Bali bust. Yeah, but how much good will that do? Indonesia is well known for enforcing strong anti-drug laws. And who can blame them?

The Fourth Amendment grows narrower

trharlan — Mon, 24 Jan 2005 10:15:37 -0800

The Supreme Court, in a 6-2 decision Monday, ruled that police do not violate the Fourth Amendment when they use a drug-detecting dog to locate illegal drugs in the trunk of a car during a legal traffic stop. The decision, and dissents from Ginsburg and Souter.

Transform Drug Policy Foundation

mrgrimm — Tue, 02 Nov 2004 11:53:01 -0800

"After the War on Drugs - Options for Control is a major new report examining the key themes in the drug policy reform debate, detailing how legal regulation of drug markets will operate, and providing a roadmap and time line for reform." It's concise and reasonable, but is this report from the Transform Drug Policy Foundation (Google News lookup) really "the first practical road map for a benign drug policy that must follow the collapse of drug prohibition"? ... "No countries have yet legalised any drug covered under the U.N. convention" - will anything change anytime soon?

It's a Beautiful Morning?

Otis — Thu, 30 Sep 2004 10:51:26 -0800

In September 2001 the FDA warned Merck, makers of the painkiller Vioxx, for engaging in a promotional campaign that minimized "potentially serious cardiovascular findings." The previous year, Merck spent $161 million on Vioxx advertising (more than Pepsi or Budweiser spent on advertising that year). Earlier this year, a securities class action complaint was filed on behalf of several Merck investors alleging the company engaged in a marketing campaign that included false and misleading statements concerning the safety profile of Vioxx and that company insiders sold personally held shares of Merck for over $175 million in proceeds. Today, Merck withdrew Vioxx from the market.

Don't touch that plant!

Gyan — Wed, 22 Sep 2004 19:41:28 -0800

Opium Made Easy: One gardener's encounter with the war on drugs.