Hanging with the Drug Policy Reformers in Washington, D.C. by Paul Hager "We must all hang together, or, most assuredly, we shall all hang separately." -- Ben Franklin, 4 July, 1776. The 6th International Conference on Drug Policy Reform took place in Washington, D.C. recently. The conference was sponsored by the Drug Policy Foundation (DPF), an organization founded 5 years ago to seek alternatives to the drug war. These alternatives include legalization of marijuana and decriminalization of other illegal drugs, expanded treatment for substance abuse focusing on a medical rather than a criminal justice approach, and education -- as opposed to D.A.R.E. and Partnership for a Drug-Free America propaganda and hysteria which is about all we have now. The most well known members of the DPF are probably Mayor Kurt Schmoke of Baltimore and Dr. Carl Sagan, the noted astrophysicist and writer. As a member myself (perhaps less renowned) I attended numerous panels and other events at the Conference. A full report would more than fill the pages of the Voice -- so here are a few of my experiences and impressions. The Clinton Conundrum Speculation about the future drug policies of President-elect Clinton was rampant. Clinton's public pronouncements have not suggested that he would embrace any kind of reform; on the contrary, he has said that he is "adamantly opposed to drug legalization" and believes that the criminal justice system "saved" his brother. I had a conversation about Clinton with Kevin Zeese, the VP and general counsel of the DPF. He noted that Kurt Schmoke is a friend and close political ally of Clinton's. According to Zeese, Schmoke was of the opinion that Clinton was "flexible" on the issue of reform. Zeese said that he had spoken to "Kurt" within the past couple of weeks and had no reason to doubt his assessment. Zeese's is the optimistic view. Others saw little cause for celebration. There is no mandate for change and Clinton's own words leave little room for maneuver. The person touted for drug czar in the Clinton administration is Mathea Falco, author of the just-published The Making of a Drug-Free America. Falco was in the Carter administration as an assistant to Dr. Peter Bourne. The only reforms she would be likely to put in place are permitting needle exchange and expanding methadone treatment. Throwing nonviolent drug offenders in concentration camps euphemistically called "boot camps" and putting 100,000 more police on the streets, as is called for in the proposed Clinton program, do not qualify as reform. Per this view, it is possible that some of the more egregious excesses of the forfeiture mill will be curbed but that's about it. The pessimistic view of the future under Clinton is a kinder, gentler drug war. "We've won the war" Dr. Dale Gieringer is a lanky, bearded Californian from the Bay area. I had encountered Dale a year or so earlier but that was electronically -- call it a virtual meeting. Dale and I are both on computer networks and subscribe to the same drug policy discussion groups. We had exchanged e-mail (i.e., electronic mail) on a few occasions and I had read several of his journal articles, so I was hoping that he would be at the conference. When I finally did meet him, we took a brief moment to scan each other's physical forms -- as if to vouchsafe that we were flesh and blood creatures and not holographic projections. Dale had an interesting take on the future under Clinton. "We've won the war," he said. He explained that the twelve years of Reagan/Bush had been dominated by ideologues and zealots who had stifled legitimate science and rational discourse. Whatever Clinton himself thought about drug policy, science would become possible again in a Clinton administration and in such an environment reason and the truth would eventually prevail. Dale was certainly right in his assessment of science under Reagan/Bush. One need only recall the Meese Commission on pornography or the decision to ban fetal tissue research to see how ideologically driven everything was. From the Laffer Curve to Star Wars, it was all fantasy and pseudo-science designed to justify corporate rapacity, political corruption, and cultural warfare. On Dale's assessment of science under Clinton/Gore, there is less certitude. However, it was asserted by a number of people at the conference that rank-and-file bureaucrats involved in drug enforcement know that the current system can't work and are ready to embrace alternatives. Thus far, the alternatives have been blocked by the upper level political appointees. "Say goodnight, George" Another e-mail correspondent of mine is Eric Sterling, a Washington attorney. Eric was a counsel for the House Judiciary Committee until 1989 when he left to found the National Drug Strategy Network. Naturally, when I saw that he was conducting a discussion on "grass-roots" organizing, I sought him out. Eric had brought his laptop 486 computer with him and he demonstrated how to access activist computer bulletin boards and news groups. I was glad to see that someone at the conference was alerting people to the enormous potential of digital communications as an organizing tool. Eric related the story of election night in D.C. Parties were going on all over the district. Sometime after midnight, Eric drove by the White House with the sunroof on his "beemer" (i.e., BMW) open and holding a sign he had made. It had written on it, "Say goodnight, George." As he described the scene in front of the White House, passing cars were honking and parties of revelers danced and threw broccoli. Caucusing with the Arkansas Delegation The conference attracted a diverse collection of individuals and groups. Perhaps one of the most colorful groups was Arkansas NORML (the National Organization for the Reform of Marijuana Laws). They quickly earned the sobriquet, "the Arkansas Delegation." They were easy to spot: most sported buttons bearing Clinton's picture with the words, "Inhale Bill, Inhale." I went to a "caucus" of the Arkansas Delegation at the end of the first day's events. One of the people on hand was Richard Cowan, the new executive director of NORML. Cowan is the antithesis of the stereotype of a marijuana legalizer. A Texan who made his money in the oil business, Cowan looks to be the kind of man who would attend power lunches at Houston's Petroleum Club, give $100,000 to the Bush Campaign, and fret over the vagaries of the Amsterdam spot market -- in fact, he probably has done two of the three. The only thing that suggests that Cowan may not be a stolid Republican is the small pin he sports in his left lapel: a marijuana leaf. Cowan has long been active in the Libertarian Party and is part of the Libertarian "right wing" (yes, even Libertarians have a left and a right wing). When it comes to espousing Reagan-type small government rhetoric, Cowan is without peer. This makes him particularly effective in dealing with the archetypal conservative prohibitionist. Cowan recounted a recent debate he had with Orange County (California) prosecutor, Dan Lundberg. "I had him flanked on the right," said Cowan, who got a favorable response from the stolid burghers in Southern California. One item he used to good effect was the story of Donald Scott, the multi-millionaire and Scott Paper heir who was shot dead by police looking for marijuana on his 200 acre estate. The evidence is that the motivation for the raid was forfeiture -- the police had the forfeiture papers on them when they busted down Scott's door in the middle of the night. The sleepy Scott reacted in a way perfectly understandable to Cowan's audience: Scott heard crashing sounds in his house and thought that gang members had broken in, bent on mayhem. He got his gun and headed toward the sounds only to be blown away when he was spotted. Exit Mr. Scott. Of course, no marijuana was found. Scott, in fact, was rabidly anti-drug. It's one thing to hear "liberals" crying over ghetto dwellers who have been victimized by the police but when it's one of your own describing the same thing happening to a member of the white upper class, the effect can be galvanizing. Cowan summed up this example of how the forfeiture laws are corrupting law enforcement by the following formulation: "If you think the forfeiture laws can't apply to you, you probably think the RICO laws (i.e., the Racketeering Influenced Corrupt Organizations Act) only apply to people with names like Rico." "Yeast shit" There were panels at the conference covering just about every imaginable topic of interest to drug law reformers. In talks I've given, I've discussed marijuana toxicity, so when I saw that a panel had been set up that would present the latest information on that subject, I went for it. I was also attracted by the fact that one of the panelists was yet another computer net contact, Dr. Tod Mikuriya, a California M.D. who was instrumental in the passage of San Francisco's medical marijuana ordinance. (But more about medical marijuana later.) Much of the content of the presentations was fairly technical but interspersed were such pithy observations as, a lethal dose is "... a bale of marijuana hitting someone on the head." Art Lecesse, a psychologist on the faculty of Kenyon College, drew some interesting comparisons between legal alcohol and illegal marijuana. "Alcohol," he said, "is a neurotoxin -- it's yeast shit. It achieves its effect by irritating neural membranes -- it is an organic solvent. It's associated with organic brain damage like Korsakov-Warneke syndrome." [Note: a good case study of the effect of alcoholic Korsakov's syndrome is to be found in Oliver Sacks' excellent book, The Man Who Mistook His Wife for a Hat, in the chapter titled, "The Lost Mariner".] In contrast, he noted, there is no evidence that marijuana has any deleterious effect on brain function. In fact, the recent discovery of cannabinoid receptors indicates that the human brain actually requires endogenous cannabinoid-like (i.e., marijuana-like) substances in order to function. I must suppress a natural desire to recapitulate the entire discussion. For example, there was a whole discussion of considerations surrounding prescription of marijuana -- were it available for medical purposes. Fortunately, an amateur video was made of this panel. I intend to get a copy and have it aired on BCAT, Bloomington's community access channel. The official title of the panel is "Marijuana and Toxicity" -- look for it to appear in about a month. The Neo-Temperance Movement Dr. Bruce Alexander, a social psychologist on the faculty of Simon Fraser University in Canada, has been a student of the recrudescent prohibitionist movement in North America -- particularly the U.S. Alexander was an advisor on a two part episode of the popular, "The Nature of Things" science show that airs on the Discovery Channel. The episode was called "Dealing with Drugs" and presented an objective view of alternative drug policy approaches being followed by the U.S., Canada, and the Netherlands. Alexander has also researched cocaine's association with violence, attempting to isolate the effect of the drug -- its pharmacology -- from the brutalizing and corrupting influence of the criminal black market that arises from prohibition. (His conclusion is that it is prohibition of cocaine and not cocaine itself that is responsible for most of the so-called "drug-related violence.") Alexander and a fellow researcher, Bryan Nadeau, have coauthored a forthcoming paper that examines how the attitudes, myths, and rhetoric that animated the 19th Century Temperance movement have been adopted, almost without change, by the modern drug prohibition movement. This paper was the basis of a presentation at the conference. What Alexander and Nadeau observed was that one had only to make a few substitutions in 19th Century prohibitionist rhetoric to bring it up to date. For example, for "alcohol" and "alcoholism", substitute "substance" and "substance abuse". A lengthy list of adverse consequences is asserted in the rhetoric -- past and present -- ranging from "addiction" to "the fall of civilization." To illustrate this, Alexander and Nadeau made an interesting choice: they looked at the how society's attitudes about anabolic steroids have changed in the past decade. As a frequent weight lifter, I've had more than a passing interest in how steroids came to be demonized in the 1980s. One popular assertion was that steroids promoted aggressive behavior -- that users "roided out" and committed unspeakable acts of violence. A drug inducing someone to be violent or antisocial is a central element of drug prohibition mythology -- thus "reefer madness" or the claim by King James that coffee and coffee houses led people to lese majeste and sedition. In the case of steroids, evidence of violence induction is at best anecdotal. Most interesting was a look at the side effects associated with steroids and the extent they have been exaggerated to serve the prohibition mythos. One of the most serious alleged side effects is liver cancer. While this is often mentioned, the incidence of liver cancer never is -- an omission which prevents the supposed harm from being quantified and compared with other societally accepted risks. According to Alexander and Nadeau, the rate of liver cancer is around 3 per 1,000,000 users per year. In contrast, the mortality rate for cigarette users is about 6500 per 1,000,000 users per year, most of the deaths coming from lung cancer. Alexander and Nadeau concluded by asserting that pharmacology -- the true action of the drug on the human body -- offered no insight into steroid prohibition. Rather, they said, it was only in the context of a "drug war" being driven by 19th Century attitudes that an explanation could be found. "Surrogate Issue" On the marijuana front, one of the hottest issues for reformers is forcing the DEA to move the drug from Schedule I to Schedule II in its classification scheme. A drug that is Schedule I is deemed to have no medical uses and have a high potential for abuse. Schedule II differs in that such drugs have medical uses and can be prescribed by doctors. For a point of comparison, cocaine is Schedule II. As is often the case when government bureaucrats and know- nothing political appointees start mucking around in scientific or technical areas, the assigning of marijuana to Schedule I has no rational basis. Over 150 years of scientific research and medical experience demonstrate the usefulness of marijuana in treating a wide variety of maladies. The AMA opposed marijuana prohibition in 1937, but their objections were overridden. To the benefits known to doctors in the 1930s can now be added two more: marijuana is very effective is suppressing the nausea that often accompanies cancer chemotherapy and it also stimulates the appetites of AIDS sufferers. Because of drug war ideology, the limited and grossly inadequate medical marijuana program that had been grudgingly run by the government was recently discontinued. This action did, however, receive national media scrutiny and was accompanied by a widely quoted survey of clinical oncologists that found that half would prescribe marijuana to their cancer patients if they could legally do so. Here, then, is a ready-made issue for reformers. Force government to reverse its position on medical marijuana which, incidentally, compels government to admit that it has been systematically lying about the drug since it was initially prohibited. At the conference, medical marijuana was deemed a "surrogate issue" -- it can be promoted without advocating legalization yet has the result that the cause of legalization is advanced. A diverse group of activists has been involved in this issue. Dr. Tod Mikuriya and his supporters in the California Medical Association were very successful in getting the Association to endorse medical marijuana. Likewise, the Massachusetts ACLU drug task force lobbied that state's legislature to pass a resolution endorsing medical marijuana. And ACT UP, the AIDS advocacy group, has added medical marijuana to its list of demands. This seems like a good place to plug our own efforts locally. A number of Bloomington-based reformers are embarking on a campaign to get Monroe County government to endorse medical marijuana. We intend this to be a broad coalition -- there is no litmus test on marijuana legalization. Final Thoughts I could easily devote an entire article to any of a number of issues discussed at the conference. One was a presentation on the growing use of the National Guard in drug enforcement, a de facto if not de jure violation of the Posse Comitatus Act and the common law tradition of not using the military for civilian law enforcement. Another dealt with the growing number of prosecutions of physicians for their prescribing practices. Whether it's peeing in a bottle, agents pawing through people's garbage, low-flying helicopters using infrared scanners, the increasing brutality of the police, or the forfeiture epidemic, the indications are all around us that the drug war is spinning out of control. The drug war is domestic policy conducted on the Vietnam model. It would be ironic if the President-elect, so ardent an opponent of that war, continued our home grown-one. I believe that reason eventually prevails. Galileo who ended his days under house arrest was just this year exonerated by the Pope, which cautions us that reason sometimes takes over 300 years. Still, there is no substitute for patiently putting the facts out and attritioning the opposition with the truth. That is the commitment of groups like the DPF and I'm proud to be a part of that effort. -- paul hager hagerp@moose.cs.indiana.edu "I would give the Devil benefit of the law for my own safety's sake." --from _A_Man_for_All_Seasons_ by Robert Bolt