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The Week Online with DRCNet, Issue #81 -- March 5, 1999
A Publication of the Drug Reform Coordination Network
-------- PLEASE COPY AND DISTRIBUTE --------
(To sign off this list, mailto:[EMAIL PROTECTED] with the
line "signoff drc-natl" in the body of the message, or
mailto:[EMAIL PROTECTED] for assistance. To subscribe to
this list, visit <http://www.drcnet.org/signup.html>.)
This issue can be also be read on our web site at
<http://www.drcnet.org/wol/081.html>. Check out the DRCNN
weekly radio segment at <http://www.drcnet.org/drcnn/>.
TABLE OF CONTENTS
1. HEA Reform Campaign Gains Momentum -- DRCNet Attacked by
Republican Rep. Souder
http://www.drcnet.org/wol/081.html#heareform
2. Hundreds Rally Against Rockefeller Drug Laws
http://www.drcnet.org/wol/081.html#kunstler
3. Amnesty International Charges that Women Behind Bars
Suffer "Rough Justice"
http://www.drcnet.org/wol/081.html#aireport
4. Drug Policy Coalition Calls for Reversal of Budget
Priorities
http://www.drcnet.org/wol/081.html#coalition
5. Federal Bill Reintroduced to Legalize Medical Marijuana
http://www.drcnet.org/wol/081.html#fedbill
6. Canada's House of Commons Debates Medical Marijuana
http://www.drcnet.org/wol/081.html#commons
7. Australian Prime Minister Criticized Over FBI Invitation
http://www.drcnet.org/wol/081.html#fbivisit
8. Sen. Hatch Advocates for Expansion of Maintenance
Therapies for Opiate Dependency
http://www.drcnet.org/wol/081.html#buprenorphine
9. Hemp Reform Efforts Underway
http://www.drcnet.org/wol/081.html#hempreform
10. EDITORIAL: Million Man Madness
http://www.drcnet.org/wol/081.html#editorial
11. Errata Note
http://www.drcnet.org/wol/081.html#errata
================
1. HEA Reform Campaign Gains Momentum -- DRCNet Attacked by
Republican Rep. Souder
A student-led campaign that seeks to overturn a
controversial pro
The Week Online with DRCNet, Issue #81 -- March 5, 1999
A Publication of the Drug Reform Coordination Network
-------- PLEASE COPY AND DISTRIBUTE --------
(To sign off this list, mailto:[EMAIL PROTECTED] with the
line "signoff drc-natl" in the body of the message, or
mailto:[EMAIL PROTECTED] for assistance. To subscribe to
this list, visit <http://www.drcnet.org/signup.html>.)
This issue can be also be read on our web site at
<http://www.drcnet.org/wol/081.html>. Check out the DRCNN
weekly radio segment at <http://www.drcnet.org/drcnn/>.
TABLE OF CONTENTS
1. HEA Reform Campaign Gains Momentum -- DRCNet Attacked by
Republican Rep. Souder
http://www.drcnet.org/wol/081.html#heareform
2. Hundreds Rally Against Rockefeller Drug Laws
http://www.drcnet.org/wol/081.html#kunstler
3. Amnesty International Charges that Women Behind Bars
Suffer "Rough Justice"
http://www.drcnet.org/wol/081.html#aireport
4. Drug Policy Coalition Calls for Reversal of Budget
Priorities
http://www.drcnet.org/wol/081.html#coalition
5. Federal Bill Reintroduced to Legalize Medical Marijuana
http://www.drcnet.org/wol/081.html#fedbill
6. Canada's House of Commons Debates Medical Marijuana
http://www.drcnet.org/wol/081.html#commons
7. Australian Prime Minister Criticized Over FBI Invitation
http://www.drcnet.org/wol/081.html#fbivisit
8. Sen. Hatch Advocates for Expansion of Maintenance
Therapies for Opiate Dependency
http://www.drcnet.org/wol/081.html#buprenorphine
9. Hemp Reform Efforts Underway
http://www.drcnet.org/wol/081.html#hempreform
10. EDITORIAL: Million Man Madness
http://www.drcnet.org/wol/081.html#editorial
11. Errata Note
http://www.drcnet.org/wol/081.html#errata
================
1. HEA Reform Campaign Gains Momentum -- DRCNet Attacked by
Republican Rep. Souder
A student-led campaign that seeks to overturn a
controversial provision in the Higher Education Act of 1998
gained momentum this week as college newspapers from across
the nation ran stories, and a Republican congressman who was
instrumental in passing the provision responded with faulty
statistics and an ad hominem attack against DRCNet in the
University of Virginia's newspaper, the Cavalier Daily.
A provision in the HEA, signed into law by President Clinton
on October 7, will deny or delay eligibility for federal
financial aid for any student convicted of a drug offense,
no matter how minor. Students on more than 100 campuses are
already participating in a campaign, coordinated by DRCNet,
to have the law overturned. Students are seeking the
endorsements of their student governments for a resolution
calling on the 106th Congress to repeal the provision. Thus
far, the resolution has been presented to five student
governments and has been endorsed by all five.
The campaign bases its opposition to the new law on four
main issues. First, the campaign views the restriction of
access to education as a counterproductive approach, given
that education is the surest route into the mainstream for
students at risk. Next, the law singles out drug offenders
-- the vast majority of whom are convicted of non-violent
possession offenses -- as the only class of offenders to
lose eligibility for financial aid. Third, the law
represents an extra-judicial penalty affecting only those
students of low to moderate means, as the educational
opportunities of wealthier students will be unaffected by
the loss of financial aid. Finally, and most perniciously,
drug law enforcement is practiced most aggressively against
non-whites, making it certain that the law will have a
racially discriminatory impact.
Mark Souder, a member of the House Education Committee who
was instrumental in the provision's passage, responded to
the campaign by submitting an op-ed to the Cavalier Daily
that ran on February 25. In it, Souder cites the Department
of Justice as the source of statistics indicating that in
1995, "approximately 60% of defendants convicted of drug
offenses were white and 38% were black." These figures lead
Souder to proclaim, "Gross disparities in conviction rates
do not exist."
The truth is that those statistics reflect only federal
cases, which account for just 13% of all drug convictions.
Overall (state and federal inclusive) more than 55% of those
convicted of drug offenses in the United States in 1995 were
indeed African American, despite the fact that African
Americans comprise only 13% of the population and a
proportional percentage of all drug users. The federal
statistics cited by Souder are further misleading as they do
not separate out Latinos, who comprise more than 35% of
those convicted on federal drug charges, and who are
overwhelmingly classified as "white" for the particular
numbers cited by Souder.
Chris Maj, President of Students for a Sensible Drug Policy
at the Rochester Institute of Technology in New York, where
the resolution has already been endorsed, told The Week
Online, "If Representative Souder intentionally used false
statistics to convince college students that the drug war is
not a racially discriminatory policy, that is an outrage.
If, on the other hand, he is truly unaware of the racial
disparities, then that is an indication of just how out of
touch with reality many of our elected leaders are."
In addition to statistical manipulation, Rep. Souder took
the opportunity to attack the campaign, the reform movement
in general and DRCNet specifically in his op-ed.
Unwittingly, perhaps, Souder gave some indication of the
broad interest in the campaign on college campuses
nationally when he wrote:
"There are those organizations, though, who work to create
controversy and twist common sense principles in order to
advance their own agendas. Take the Drug Reform
Coordination Network, for example. My office has received
calls from college newspapers from all over the country who
have been fed propaganda by this group."
"In the past, these organizations have used the sick and the
dying to promote the use of so-called medicinal marijuana in
their continual effort to weaken the drug laws. Now they
see the opportunity to take advantage of college students
who receive financial aid by enlisting them in their doomed
campaign. Their latest tactic is to assert that the drug-
free student loan provision of the Higher Education Act is
racist. Apparently they believe minority college students
who receive financial aid are more likely to use and sell
drugs."
But Chris Maj had a different interpretation. "It doesn't
take a brain surgeon or a member of Congress to look at this
issue and realize that something is seriously wrong with our
policies. When today's college students were born, the US
prison population was one eighth of its current size. That
increase, the imprisonment of literally hundreds of
thousands of non-violent people, was undertaken in our name,
as a way of protecting us from drugs. But there isn't a
college student in this country who came from a city or a
town where drugs weren't available to kids. We weren't
protected and we know it."
"College students aren't as tied to the status quo as older
generations are," Maj added. "We're open to new solutions,
and, on the whole, we're committed to making sure that those
solutions make sense. Keeping people from educating
themselves because they use the wrong substances doesn't
make sense. Filling prisons with non-violent people because
they use the wrong substances, even if their use rises to
the level of addiction, doesn't make sense. And any policy
with an outcome as racially divisive and discriminatory as
ours has, is not going to be very popular with our
generation. We're just getting started educating our peers
about this, and letting them know that they can make a
difference."
DRCNet expects the number of student governments endorsing
the resolution to grow substantially over the next month,
and is also expecting the campaign to receive the
endorsements of national organizations in the next several
weeks.
Adam Smith, DRCNet's associate director, is confident that
the campaign, far from being "doomed," has real political
promise. "One can only surmise that legislators pass laws
such as this to look 'tough' to their constituents, while
counting on students to simply roll over and accept the fact
that they are being used as pawns in a failed drug war
strategy. Given the speed at which the campaign is growing,
I'd say that there are some legislators who are about to
discover that they've made a serious error in judgment."
Learn more about the HEA reform campaign and how to get
involved, at <http://www.u-net.org>.
================
2. Hundreds Rally Against Rockefeller Drug Laws
A crowd of about 500 people gathered on the steps of the New
York State Capitol Building in Albany last Tuesday, March
2nd, to protest the state's draconian drug laws, named after
then governor Nelson Rockefeller. The rally, sponsored by
the William Moses Kunstler Fund for Racial Justice, featured
Rev. Al Sharpton, retired State Supreme Court Judge Jerome
Marks, Rev. Herbert Daughtry of Brooklyn, Bishop Howard
Hubbard of Albany, actor Al Lewis of "Munsters" fame,
Margaret Tarbet of the Kunstler fund, and others, as well as
family members of prisoners serving lengthy mandatory prison
terms under the laws.
According to the Daily Gazette, Jaheen Hilts, a 12-year old
whose father and uncle are both serving time in state prison
and sale and possession of cocaine, held a poster with his
father's picture and sentence, 15 to 30 years. Hilts
entered prison when his son was age 5, and will not be
eligible for parole until he is 20.
The Associated Press quoted 10-year-old Lisa Oberg, whose
mother Arlene is serving a 20 years to life, saying, "This
law is mean and unfair and cruel." The AP also reported
that protesters booed Rockefeller's name whenever a speaker
mentioned it.
"Words alone cannot relay the emotion, the electricity, the
anger and determination of the Rockefeller Drug Rally
participants," commented DRCNet member Jeffrey Seymour, who
attended the rally.
The Week Online spoke with Randy Credico of the Kunstler
Fund, who said that their amount of mail soared as the
Albany rally approached. The Fund is planning a "Seven Days
in May" demonstration, consisting of vigils with family
members from Monday, 5/8 through Friday 5/12 in different
locations in New York City, a rally on Saturday 5/13 at the
State Building in Harlem, and a rally on Sunday 5/14 outside
the the Bedford Hills correctional facility. May 8 is the
26-year anniversary of the law's signing. Vigils will be
held around the state, especially the north, throughout the
month of April.
To learn more or find out how to get involved, visit
http://www.kunstler.org on the web, e-mail
[EMAIL PROTECTED], or call the Vigil Action Initiative
Update hotline at (212) 539-8441.
For more information on mandatory minimum sentences, visit
the Families Against Mandatory Minimums web site at
<http://www.famm.org>. The FAMM workshop will take place
from March 27-29 in Washington, DC.
================
3. Amnesty International Charges that Women Behind Bars
Suffer "Rough Justice"
The following is a news release issued by Amnesty
International this Thursday 3/4:
"My feet were still shackled together, and I couldn't get my
legs apart. The doctor called for the officer... No one
else could unlock the shackles, and my baby was coming...
Finally the officer came and unlocked the shackles from my
ankles. My baby was born then."
("Maria Jones" describing how she gave birth while an inmate
of Cook County Jail, Chicago, 1998)
The use of shackles on pregnant inmates is just one example
of the cruelty and ill-treatment many women suffer in US
jails and prisons, Amnesty International said today in a new
report issued as part of its international campaign against
human rights violations in the United States.
As well as the use of restraints on pregnant and sick
prisoners, Amnesty International's report -- "Not part of my
sentence" -- details human rights violations including
sexual abuse, lack of medical care and lengthy periods of
confinement in so-called super-maximum units.
Reports of rape and other forms of sexual abuse -- including
sexually offensive language and male staff touching women's
breasts and genitals during searches or watching them when
they are naked -- are widespread in US prisons and jails.
"Cases of sexual abuse actually reported are probably only
the tip of the iceberg as victims are often reluctant to
complain for fear of not being believed or suffering
retaliation," Amnesty International said.
"The overwhelming majority of complaints concern male staff,
reflecting the fact that many guards and other prison
employees are male," the organization added.
The number of women in US jails and prisons has been growing
dramatically, largely as a result of the war on drugs. In
1997 the figure was at 138,000 -- a three-fold increase
since 1985. This amounts to about 10 times the number of
women prisoners in Western European countries, which
combined have a female population the same size as the USA.
"Authorities around the USA have been spending large sums of
money building new prisons and jails but have not provided
adequate funds for the health, welfare and rehabilitation of
the people they are locking up," Amnesty International said.
As the world celebrates International Women's Day on 8
March, Amnesty International is calling on US federal, state
and local authorities to make a strong commitment to
implement the measures required to effectively protect the
safety, health and dignity of all women in custody.
Concerns expressed in the report include:
* Sexual abuse: rape of an inmate by staff is
internationally recognized as a form of torture and violates
US federal and state criminal laws, yet reports of rape and
other forms of sexual abuse are common in US prisons and
jails. Amnesty International is calling for female inmates
to be supervised by female staff only, and for victims to be
more effectively protected from retaliation if they report
abuses.
* Medical care: access to a doctor is often conditional on
permission by non-medical staff, who may underestimate the
seriousness of the case or be inclined not to believe
inmates. In some cases, delays are reported to have had
serious health consequences. In 1998 an inmate in an
Arizona Jail wrote to Amnesty International reporting that
she had lost her baby -- and almost bled to death -- after
her call for urgent medical attention was left unheeded for
hours. Amnesty International is urging that all women in
custody have access to free and adequate medical care.
* Mental health care: there are concerns about the use of
psychotropic drugs and a reported lack of counseling.
Amnesty International is calling for an inquiry into prison
mental health services and for women suffering from severe
mental illnesses to be transferred to mental health
institutions.
* Use of physical restraints on sick and pregnant women:
handcuffs and shackles are often used on women both during
transport and in hospital even if they do not have a history
of violence or escape. In the case of pregnant women,
restraints pose a serious health threat. Amnesty
International is calling for the use of restraints to be
limited to cases in which the inmates' conduct makes them
necessary.
* Super-maximum security units: some women appear to be
sent to such units -- where conditions are particularly
harsh -- for comparatively minor infractions. Some of the
rules in those units -- such as the one requiring that
prisoners be "in full view" all the time -- violate the
inmates' privacy and dignity, and their isolated nature can
increase the opportunities for abuse.
(Learn more about Amnesty International's US campaign at
<http://www.rightsforall-usa.org/>.)
================
4. Drug Policy Coalition Calls for Reversal of Budget
Priorities
Clinton Drug Plan Fails to Prevent Adolescent Drug Use or
Reduce Disease
Washington, DC: The war on drugs has failed to protect
America's children from drug abuse and has failed to reduce
the availability of cocaine and heroin, according to a new
report titled "The Effective National Drug Control
Strategy." The report was released on March 3, 1999,
coinciding with Drug Czar Barry McCaffrey' testimony before
a House Subcommittee on his year 2000 budget request.
The "Effective Strategy" recommends spending two out of
every three dollars of the drug control budget on prevention
and rehabilitation. It also recommends tripling funding for
adolescent drug use prevention programs, with the emphasis
on investing in America's youth through after school
programs, mentor programs and honest drug education.
"Contrary to General McCaffrey's claims, the drug war still
relies overwhelmingly on incarcerating drug users and trying
to interdict drugs -- the two least effective methods of
reducing drug abuse," said Kevin Zeese, President of Common
Sense for Drug Policy and one of the report's lead authors.
"We know what works, but General McCaffrey keeps investing
in strategies that are destroying families, hurting kids and
undermining the Constitution."
The Network of Reform Groups (NRG), - a coalition of two
dozen organizations working for more sensible drug policies,
examined government data and independent research and
concluded that the drug war has not deterred children from
using illegal drugs, nor has it resulted in fewer deaths and
injuries from drug use.
The report found that:
* The U.S. government spent $3.6 billion on the drug war in
1988, and will spend $17.9 billion in 1999 -- $2 out of
every $3 on law enforcement.
* From 1985 to 1995, 85 percent of the increase in the
federal prison population was due to drug convictions. Due
to mandatory sentencing, drug offenders spend more time in
jail (average 82.2 months) than rapists (average 73.3
months).
* Drug overdose deaths are up 540 percent since 1980, 33
people per day are infected with HIV from injection drug
use, which is becoming the engine for a new epidemic,
Hepatitis C.
* The price of heroin and cocaine has dropped dramatically
since 1981, while purity of both drugs has increased.
The report recommends that the Drug Czar create a non-
partisan panel of experts to evaluate current drug control
efforts and consider the full range of alternative policy
options, and recommends a reversal of the federal drug
budget priorities, as well as a range of reforms including
eliminating mandatory minimum drug sentences, lifting the
ban on use of federal AIDS funds for needle exchange
programs, reversing the trend toward cutting school budgets
to invest in prisons and enacting "family friendly" laws
that keep families together, kids in school and social
networks intact.
The Effective Strategy can be found on line at
<http://www.csdp.org/edcs/>.
================
5. Federal Bill Reintroduced to Legalize Medical Marijuana
(reprinted courtesy of NORML, http://www.norml.org)
March 2, 1999, Washington, DC: Representative Barney Frank
(D-MA) reintroduced legislation today in the new Congress to
provide for the medical use of marijuana. The bill is
titled the "Medical Use of Marijuana Act."
"I support the medical use of marijuana," Rep. Frank
announced. "What we need to do to get marijuana into the
hands of people suffering is to set aside the federal
controls on marijuana, so the states can determine this
issue for themselves."
The proposed legislation states:
"No provision of the Controlled Substances Act [or] ... the
Federal Food, Drug, and Cosmetic Act shall prohibit or
otherwise restrict --
(A) the prescription or recommendation of marijuana by a
physician for medical use,
(B) an individual from obtaining and using marijuana from a
prescription or recommendation of marijuana by a physician
for medical use by such individual, or
(C) a pharmacy from obtaining and holding marijuana for the
prescription of marijuana by a physician for medical use
under applicable state law in a State in which marijuana may
be prescribed or recommended by a physician for medical use
under applicable State law."
The legislation reschedules marijuana from Schedule I to
Schedule II under federal law, thereby making it legal for
physicians to prescribe. "This legislation ... recognize[s]
that there are valid and important medicinal uses for
marijuana," a statement issued by Frank's office said. "The
effect of [this] bill would be to make fully operative the
laws in those states which permit the medical use of
marijuana, without the preemptive and controlling
restrictions currently in place in federal law on the
possession, use, prescription, or sale of marijuana," Frank
added.
NORML Executive Director R. Keith Stroup, Esq., who worked
with Frank's office in drafting the bill's language, said
the legislation is a streamlined effort to get marijuana to
those who require it. "Historically, states have been more
receptive to the medical marijuana issue than the federal
government," Stroup explained, noting that 36 state
legislatures have passed laws recognizing marijuana's
medical value. "This legislation addresses this paradigm
and effectively gets the federal government out of the way
of those states that wish to make marijuana available as a
medicine."
Efforts to permit the legal use of medical marijuana gained
momentum in November when voters in Alaska, Nevada, Oregon,
and Washington joined Californians in approving initiatives
exempting patients who use medical marijuana from criminal
penalties. Voters in Arizona reaffirmed a medical marijuana
initiative passed two years ago, and rejected a legislative
requirement banning physicians from prescribing marijuana
until the drug receives approval from the Food and Drug
Administration. Recently, leaders of 17 national AIDS
organizations called on White House officials to legalize
medical marijuana for seriously ill patients.
The Medical Use of Marijuana Act also mandates federal
officials to supply marijuana for medical research projects
approved by the Food and Drug Administration. Recently, the
United Nations International Drug Control Board recommended
that the US and others conduct impartial scientific research
to determine marijuana's potential medical benefits.
Congressman Frank has been joined in cosponsoring this
legislation by Reps. Tom Campbell (R-CA), John Conyers (D
MI), John Olver (D-MA), Nancy Pelosi (D-CA), Pete Stark (D-
CA), and Lynn Woolsey (D-CA).
For more information, please contact either Keith Stroup or
Paul Armentano of NORML at (202) 483-5500. Rep. Barney
Frank's office may be contacted at (202) 225-5931.
================
6. Canada's House of Commons Debates Medical Marijuana
The Canadian Foundation for Drug Policy reported on March 3,
1999, that Canada's House of Commons would begin a debate on
legalization of medical marijuana on Thursday, March 4, at
5:30pm, focusing on a motion by MP Bernard Bigras. The
motion reads as follows:
M-381 - March 25, 1998 - Mr. Bigras (Rosemont) - "That, in
the opinion of this House, the government should undertake
all necessary steps to legalize the use of marijuana for
health and medical purposes."
The debate on the motion is limited to three hours. The
first hour of debate will occur on March 4, with the
remainder on two separate days to be announced later. Since
this is a "votable" motion, there will be a vote after the
debate. If the majority of MPs support the motion, it will
create pressure on the federal government to take
legislative steps to legalize the use of marijuana for
health and medical purposes.
House of Commons transcripts and media reports about the
announcement by the federal Minister of Health that he has
asked his officials to develop a plan that will include
clinical trials for medical marijuana, appropriate
guidelines for its medical use and access to a safe supply
of this drug can be found on CFDP's web site at
<http://fox.nstn.ca/~eoscapel/cfdp/mar399hc.htm>. The site
also contains links to research and other reports on
medicinal marijuana.
================
7. Australian Prime Minister Criticized Over FBI Invitation
The Australian organization Families and Friends for Drug
Law Reform criticized Prime Minister John Howard on the
occasion of US FBI Director's Louis Freeh's visit to
Australia on the Prime Minister's invitation.
"I am angry and sad that the Prime Minister, Mr. Howard,
seeks out meetings with people like Mr. Louis Freeh,
Director of the FBI when he has refused to meet and listen
to groups such as our own," said Marion McConnell. Howard
has ignored three requests since 1997 to meet with
representatives of FFDLR.
"Mr. Howard's statements of recent days have confirmed our
impression that he is a man determined not to listen to
points of view with which he disagrees. How else," Mrs.
McConnell continued, "is it possible to explain his
instructions to Australian diplomatic missions to seek out
arguments for asserting that the Swiss heroin trial has
failed?"
"With all these outcomes, just what is it, Mr. Howard, that
your want? We can only conclude," added McConnell, "that
his stubborn refusal to accept this evidence -- or permit a
trial to be conducted in Australia to double check the
results -- is because they challenge the very basis of his
law and order approach".
(Learn more about the outcome of the Swiss heroin
maintenance program from our archives at
<http://www.drcnet.org/wol/063.html#swissheroin>.
FFDLR concludes that "Switzerland has shown heroin
prescription to be the only known treatment that constitutes
a safety net across a chasm into which 700 young Australians
a year -- including many of our family members -- have
plunged to their death.
The AAP reported on 3/2 that Prime Minister Howard denied
that Australia had lost the war on drugs and indicated that
he would veto any attempt by Victorian Premier Jeff Kennett
to introduce a heroin trial.
Families and Friends for Drug Law Reform is online at
<http://www.adca.org.au/ffdlr/>.
================
8. Sen. Hatch Advocates for Expansion of Maintenance
Therapies for Opiate Dependency
- Scott Ehlers, Drug Policy Foundation, [EMAIL PROTECTED],
http://www.dpf.org
In a surprise display of bipartisan unity in dealing with
addiction as a health, rather than a criminal justice
matter, Senators Orrin Hatch (R-UT), Carl Levin (D-MI), and
Daniel Moynihan (D-NY) have joined forces to expand the
provision of maintenance therapy for opiate dependency. The
three senators are cosponsoring S. 324, the "Drug Addiction
Treatment Act of 1999," which was introduced on January 28
and referred to the Senate Judiciary Committee.
The bill would, for the first time since the passage of the
Harrison Narcotics Act of 1914, allow a general practitioner
to maintain an opiate-dependent patient on a narcotic, in
this case a Schedule IV or V drug. The sponsors of the bill
are particularly interested in allowing physicians to
prescribe buprenorphine and a buprenorphine/naloxone
combination to maintain or detoxify patients. Buprenorphine
is a mild, Schedule V narcotic that has been used in
maintenance therapy for heroin addicts in France.
Under the Narcotic Treatment Act of 1974, physicians must
now get a DEA registration and approval by the US Department
of Health and Human Services to use approved narcotics in
drug abuse treatment. Additionally, state agencies are
involved in the regulation process. This burdensome
regulatory scheme has resulted in "a treatment system
consisting primarily of large methadone clinics located in
big cities, and preventing physicians from treating patients
in an office setting or in rural or small towns, thereby
denying treatment to thousands in need of it," according to
Sen. Levin (CR, p. S1091).
The current system also prevents new FDA-approved addiction
treatment drugs from being utilized. Alan Leshner, Director
of the National Institute on Drug Abuse, noted in a memo to
Sen. Levin that the burdensome regulations have prevented
drugs like LAAM from making an appreciable impact on the
"treatment gap" since the drug's introduction in 1993.
S. 324 would require a physician to: (1) notify the
Secretary of Health and Human Services ("Secretary") that
s/he intends to dispense approved drugs for maintenance or
detoxification treatment; (2) have, "by training or
experience," the ability to treat and manage opiate-
dependent patients; (3) have the capacity to refer patients
to appropriate counseling and other services; and (4) limit
the number of patients treated at one time to 20, unless the
Secretary changes the number through the regulatory process.
The bill would require drugs in Schedule IV or V to: (1) be
approved under the Food, Drug and Cosmetic Act or section
351 of the Public Health Act for maintenance or
detoxification treatment; and (2) not be subject to an
"adverse determination" by the Secretary and Attorney
General.
To determine the effectiveness of the law and whether it
should remain in effect, the Secretary is required to
determine the effectiveness of the treatments and if
treatment availability has increased. The Attorney General
is required to monitor doctor and patient compliance with
the regulations, including the diversion of prescribed
maintenance drugs. The Secretary or Attorney General can
end the program at any time, and states can prevent
physicians from treating patients through the passage of
legislation.
Although buprenorphine maintenance won't help many of the
persons being maintained on methadone today, it could help
lower-level, younger users who haven't developed a high
tolerance to opiates, according to Dr. Marc Shinderman,
medical director of the Center for Addictive Problems in
Chicago. He added, "This legislation would allow patients
and doctors to develop a therapeutic alliance in an office-
based setting, and provide a low-threshold treatment option
which is now not possible with methadone due to governmental
over-regulation."
Edith Springer, Senior Trainer at the Harm Reduction
Training Institute and a board member of the Drug Policy
Foundation, also welcomed the legislation. "Although the
bill doesn't go far enough in allowing doctors and patients
to decide on the treatment of their choice, passage of this
legislation would set a precedent that can only help us.
Some people have found buprenorphine to be helpful and
patients should have it available as a mode of treatment."
================
9. Hemp Reform Efforts Underway
- Marc Brandl, [EMAIL PROTECTED]
Hemp reform efforts are off to a vigorous start in 1999. 12
state legislatures have started off the new legislative
session with various bills and resolutions that would
reclassify hemp, urge the federal government to reconsider
hemp and encouraging more research and test plots. Two
states have recently passed resolutions that were signed.
In Virginia, House bill HJ-94 passed the state Senate 40-0,
in mid-February after it had earlier passed the House by a
76-23 margin. The bill will be sent to several relevant
federal agencies including ONDCP, the DEA and the Secretary
of Agriculture and urges them, "To revise the necessary
regulations so as to permit the controlled, experimental
cultivation of industrial hemp in Virginia." The bill also
gives the Commonwealth of Virginia the option of becoming a
member of the North American Industrial Hemp Council
(NAIHC).
"I think its fine," said a confident Erwin Sholts, the
chairman of the NAIHC, "a lot of state farm bureaus, Fortune
500 companies, and universities are members because we are
being driven by agriculture, and not anything else. This
[agriculture] industry is in very bad trouble. I get calls
from farmers all over saying they need alternative crops.
The English, German and Canadian parliaments have debated
this and found this is not a drug crop. When you get past
emotion and into the facts, these bills pass easily. I can
understand why Virginia would pass this bill."
A primary sponsor of the bill in the Virginia state
assembly, Del. Mitchell Van Yahres (D) mirrored much of the
sentiment of Sholts when he talked to the WOL and voiced his
frustration with the federal governments position. "The
present conditions are totally out of place. They are being
totally unrealistic. Government encouraged farmers to grow
this during World War II because it was a valuable crop.
The only reason it has negatives is the word 'hemp' is
involved. This is not a drug issue."
A similar bill in the Montana legislature also was passed
into law recently by a vote of 95-4. H.R. 2 calls on the
federal government to, "Repeal restrictions on the
production of industrial hemp as an agricultural and
industrial product." The primary sponsor of this resolution
Rep. Joan Hurdle was not available for comment as of press
time but stated in an e-mail message announcing the passage,
"Now all the farmers in Montana are asking about growing it
and want to start this spring!"
In other news, a civil lawsuit seeking to allow Kentucky
farmers to grow hemp was dismissed by U.S. District Judge
Karl S. Forester. Andy Graves, a plaintiff in the case and
a member of the Kentucky Hemp Growers Cooperative
Association told local newspapers that he was not surprised
with the ruling and the case will be appealed.
================
10. EDITORIAL: Million Man Madness
- Adam J. Smith, Associate Director, [EMAIL PROTECTED]
A report issued this week by the National Center on
Institutions and Alternatives shows that by the year 2000,
the number of African American adults behind bars will reach
one million. At that time, roughly one in ten black men
will be imprisoned. Not since the days of slavery have so
many people of African decent lived in shackles. And no
other nation on earth, as far as anyone can tell, is keeping
so large a percentage of any ethnic or racial minority
locked up in cages.
Clearly, something is wrong.
Last week, Congressman Mark Souder of Indiana, who
represents a district that is over 92% white, wrote of the
drug war that "gross disparities in conviction rates
(between blacks and whites) do not exist." Oh, but they do.
Drug offenses are the largest single category of crimes for
which Americans are serving time. And blacks comprise more
than 55% of those convicted for those offenses, even while
reliable studies show that rates of drug use among African
Americans are proportionate to their numbers in society.
Congressman Souder, by virtue of the statement above, falls
into one of two categories of American lawmakers. First, it
is possible that he is wholly uninformed about the realities
of a policy for which he is partially responsible. That he
might not know the impact of drug prohibition on the Black
community is understandable, but inexcusable. Souder comes
from one of the most lily-white districts in America. The
problems of African Americans are not the problems of his
constituents. The majority of his constituents, in fact,
probably do not come into much contact with black folks.
Unfortunately for the nation, however, Representative Souder
gets a vote on drug war legislation just like all the other
members of Congress. Just as unfortunate is the likelihood
that when Souder talks about drug policy back home, he talks
about "zero-tolerance" and "toughness" and "sending a
message" to a population who, through no fault of their own,
will never have any better idea of the ramifications of such
rhetoric than Souder does himself.
The other possibility is worse. That is, that Rep. Mark
Souder knows very well that the drug war is being waged
against people who don't look like him, who don't look like
his constituents, and who don't vote in his district. It is
possible that to him, prisons are less a place of residence
to an enormous percentage of black people than they are a
jobs program for prison guards, a boon to the construction
industry, and an easy answer to the problems of poverty,
illiteracy and substance abuse. There exists the
possibility that Mark Souder does not want people to know
that there is a gross disparity in conviction rates between
blacks and whites under our drug policies, because then
people just might want to know why.
Let us assume, however, that Representative Souder simply
doesn't know. Let us assume that the fact that the United
States is committing acts of war against black people in the
name of protecting white children is something that he just
never considered. That leaves us with a question. Would
Representative Souder, and all of the elected
representatives who continue to call for a tougher approach
to the drug war, notice if ten percent of the white
community were behind bars? Would "zero tolerance" sound so
sweet if the doors being kicked in, the families being
broken up, the opportunities being foreclosed, the extra-
Constitutional tactics being used were happening in his
district? How many junior high school students in Mark
Souder's 92% white district are being stopped and frisked on
the street? Are we to believe that his district is "drug
free?" Perhaps we are not locking up enough of his
constituents.
By the year 2000, one out of every ten African American
males will be living in a cage. One million blacks in total
will be behind bars. As of yet, no call for a re-
examination of the wisdom of drug prohibition has gone up in
Congress. No task forces have been created to study
alternatives to our precious, vicious war. Perhaps our
legislators, people like Mark Souder, are simply unaware of
the damage that their policies are doing. Let us hope that
they become aware before they imprison them all.
================
11. Errata Note
Last week's issue incorrectly referred to "The Institute of
Medicine's 1998 Consensus Report on Heroin Addiction." The
correct name is "The National Institutes of Health 1997
Consensus Statement on Effective Medical Treatment of Opiate
Addiction." The statement can be found online at
<http://odp.od.nih.gov/consensus/cons/108/108_intro.htm>.
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