CA eUpdate 09/13/06

Drug Policy Alliance
...on the web

CA eUpdate: Wednesday, September 13, 2006

CONTENTS:

1. In this Issue

Latino Leaders Take Position Against Drug War
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130061

Medical Marijuana Discussion Draws Crowd in L.A.
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130075

Beyond Zero Tolerance Conference in San Francisco
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130023

San Francisco Board Levels Playing Field for Dispensaries
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130063


2. In Other News

Afghanistan Anti-Drug Policies Aid Taliban, Says Report
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130064

Victory in Pain Doctor Case
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130065

Student Drug Testing Gets Airtime
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130066

3. Announcements

California Capital Director Position
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130067

4. Highlight

Save the Date: San Francisco Event

5. Events

Beyond Zero Tolerance Conference: New Directions in Drug Education
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130068

6th National Harm Reduction Conference
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130027

2nd National Conference on Methamphetamine, HIV and Hepatitis: Science & Response 2007
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130028

_____________________________________________________________________
I N T H I S I S S U E

LATINO LEADERS TAKE POSITION AGAINST DRUG WAR

Last week in Los Angeles, 2,000 Latino activists and leaders from all over the U.S. gathered to
set a political agenda at the National Latino Congreso (
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130069 ). One of the issues they took on
was the war on drugs, resulting in the unanimous passage of a resolution to investigate the real
cost of the drug war.

Authored by DPA's southern California director, Alberto Mendoza, the resolution (
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130076 ) called for supporting
legislation that promotes sentencing reform as well as treatment instead of incarceration for
nonviolent drug offenders. The resolution also called for the formation of state task forces to
compare current drug war spending to public education and health spending "so that states can
understand the real cost of the war on drugs in the state budgets and in their communities."

In passing the resolution, the Latino Congreso acknowledged the disproportionate representation
of Latinos in jails and prisons, the exorbitant cost of incarcerating nonviolent offenders, and
the existence of alternative strategies that focus on public health rather than criminal
justice. The resolution noted, "We believe that nonviolent substance abusers are not menaces to
our communities but rather a troubled yet integral part of our community who need to be
reclaimed."

Mendoza said, "As Latinos, we are finally waking up to the fact that this war is a waste of
money and resources, all of which could help us re-build our communities and families instead of
destroying them."

In addition to working on the resolution, DPA co-sponsored the conference. Mendoza spoke at a
workshop about DPA's harm reduction and syringe access work, while DPA executive director Ethan
Nadelmann spoke at a workshop and on a plenary.

Mendoza said, "I'm proud that DPA was involved with this conference, and proud that the National
Latino Congreso approved our resolution. It clearly indicates that Latinos are tired of the
monumental negative impact the war on drugs has had on us and our communities."

MEDICAL MARIJUANA DISCUSSION DRAWS CROWD IN L.A.

Despite an array of obstacles, California's medical marijuana movement is still going strong.
That was the message at a community discussion hosted by Drug Policy Alliance Southern
California earlier this week. The group invited leaders in the medical marijuana movement to
explore the evolution of the movement since the passage of Proposition 215, which permits
medical use of marijuana on a doctor's recommendation, ten years ago.

Over dinner, more than 100 community members listened to a moderated panel discussion followed
by an open question and answer session. During the first segment, the group highlighted major
achievements--for example, the fact that ten other states have passed medical marijuana laws
since the watershed passage of Prop 215 in California. They also discussed the road blocks
facing the movement: a number of California cities have banned dispensaries, and a few counties
are suing to strike down Prop 215. However, the panelists met these obstacles with optimism. The
prevailing sentiment was that the movement is making important progress and will win its current
battles.

The question and answer period gave the floor to an engaged audience representing a
cross-section of the medical marijuana movement, from icons who have been involved for years to
younger college students just getting started. Margaret Dooley with DPA Southern California, who
moderated the panel, said, "It was exciting to see movement veterans optimistic about the state
of medical marijuana in California and the nation. You could see how energizing this was to the
audience members who are more recent to the movement."

The diverse backgrounds of the panelists brought a range of perspectives to the issue. Dale
Gieringer, state coordinator of California NORML, reflected on how far the law has come in ten
years and gave a positive forecast for the next decade. Steph Sherer, executive director of
Americans for Safe Access, talked about the growing movement of patient activists and the
importance of creating pressure from the federal level down to the most local. Don Duncan,
long-time dispensary operator and organizer, shared best practices for dispensary operators, who
he said must be both business people and diplomats. Rebecca Bernhardt, senior staff attorney
with the American Civil Liberties Union, elaborated on important legal precedents, and
enlightened the group on the importance of forcing representatives and the justice system to
abide by those precedents.

The event took place at DPA's Southern California office in Los Angeles, and was coordinated by
DPA's Yazmin Trujillo.

BEYOND ZERO TOLERANCE CONFERENCE IN SAN FRANCISCO

You are invited to attend the Beyond Zero Tolerance conference, "New Directions in Drug
Education and School Discipline," to be held at the Fort Mason Center, San Francisco,
California, October 25, 2006. The conference will kick off with remarks from San Francisco's
Mayor Gavin Newsom and California State Assembly Member Mark Leno.

You can learn more and register online:
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130023

The Beyond Zero Tolerance approach featured in this one-day conference offers realistic,
pragmatic, and cost-effective strategies for implementing drug education and effective
disciplinary practices in secondary schools. You will learn about a real-life interactive,
participatory high school drug education and assistance program; find out how restorative
practices work effectively in high schools and what steps are required for their adoption and
use; and learn how the practices advocated by Beyond Zero Tolerance can be implemented.

Conference co-sponsors include the San Francisco Medical Society, Office of the Mayor of San
Francisco, California State Assembly Member Mark Leno, California State Assembly Member Jackie
Goldberg, the San Francisco Department of Public Health, the Marin County Department of Health
and Human Services, the International Institute for Restorative Practices, and the Drug Policy
Alliance.

If you have any questions regarding the conference, please contact Laura Pardieck at (916)
608-8686 or email laura [at] eventswebpage.com. We look forward to seeing you at the conference!

SAN FRANCISCO BOARD LEVELS PLAYING FIELD FOR DISPENSARIES

On August 8, the San Francisco Board of Supervisors approved changes to medical cannabis
dispensary regulations that were passed unanimously last November. The regulations originally
called for dispensaries in residential areas to shut down, but the revisions will allow the
three dispensaries affected by the original legislation to stay open for at least one year so
they can apply to the city's planning and health departments for permits, as well as look for
new locations in areas zoned for either commercial or industrial use. This amendment creates a
level playing field for all operating medical cannabis dispensaries opened prior to the
moratorium and implementation of the Medical Cannabis Act (
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130077 ).

In addition to outlawing dispensaries in residential areas, the regulations restrict
dispensaries from operating within 1,000 feet of schools, and require them all to apply to the
city for permits. Supervisor Ross Mirkarimi proposed the new amendments, in addition to crafting
the initial regulations. The Medical Cannabis Act of last November, and the preceding moratorium
on new dispensaries, were crafted in response to a spike in new medical cannabis dispensaries
opening in San Francisco.

Staff with Drug Policy Alliance Network, the lobbying arm of DPA, testified before the board in
support of the changes following their involvement in drafting the Medical Cannabis Act. The
deputy director of DPA's San Francisco office, Camilla Field, said in response to the vote, "The
Medical Cannabis Act represents uncharted legislative territory for Californians. We are
encouraged that San Francisco's Board of Supervisors remains committed to reviewing and
improving those regulations as needed, as implementation moves forward. While some neighborhood
groups were disappointed with Tuesday's outcome, it should be noted that to date, only four MCDs
[medical cannabis dispensaries] have sought a permit due to the considerable financial burden
and other hurdles the permitting process presents. It will be interesting to see how many MCDs
still exist come June 2007, and how our government will respond if supply falls short of demand
for our 8,000 patients."

_____________________________________________________________________
I N O T H E R N E W S

AFGHANISTAN ANTI-DRUG POLICIES AID TALIBAN, SAYS REPORT

A new report (PDF: http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130078 ) by the Senlis
Council, a U.K. think tank, finds that counter-narcotics policies in Afghanistan over the last
five years have facilitated insurgency, laying the groundwork for the Taliban to return to
power. The report says that the internationally backed strategy of poppy eradication has
undermined the stability of the government and driven the country further into poverty.

Poppy eradication has failed to reduce the amount of production in Afghanistan, with poppy
cultivation currently at its highest level in recent history. In 2006, about 165,000 hectares
are devoted to growing poppy, compared to under 60,000 hectares in 1996.

Much of rural Afghanistan is deeply impoverished, and poppy farming is the only viable source of
income for many farmers. Without alternative means of livelihood, farmers are unable to give up
growing poppy. Therefore, eradication does not actually do away with poppy farming, but leads to
its relocation to more remote areas. There is no end in sight for this pattern--only three
percent of Afghanistan's irrigated land is currently used for poppy farming, but much of the
country is well-suited for it.

Not only does this approach fail to reduce growth of illicit crops, but it also damages rural
economies, having the greatest negative impact on the farmers who benefit least from the opium
trade.

According to the Senlis Council, impoverished farmers whose livelihoods are attacked by
eradication tend to view counter-narcotics operations as a war on Afghans, rather than a war on
drugs. In addition, some Afghans who were promised money in exchange for cooperation with crop
eradication have not received any compensation. This has led to distrust of foreigners as well
as loss of confidence in the Karzai administration. Many farmers are now turning to the Taliban
for crop protection.

In order to combat this destabilization and set Afghanistan on the path to reconstruction, the
Senlis Council calls for sustainable and competitive alternatives to poppy farming, combined
with an immediate halt to crop eradication. An agreement signed in early 2006 called for a
policy of "sequenced" eradication, in which eradication was only supposed to take place in areas
that had established alternative livelihoods. However, the report cites evidence that this
policy is not being followed.

The Senlis Council suggests moving Afghanistan towards controlled, licensed poppy production for
use in making opium-based medicines. The report points to a dramatic global shortage of
opium-based medicines for pain management in illnesses such as AIDS, particularly in developing
countries. Turkey successfully used licensing in the early 1980s to bring its widespread poppy
cultivation under control, and could serve as a model for Afghanistan.

The report calls for this shift in strategy immediately, saying that eliminating poverty and
providing alternative, legal means of livelihood for Afghan farmers are necessary to pave the
way for true nation-building in Afghanistan.

VICTORY IN PAIN DOCTOR CASE

In a significant victory for pain doctors and patients around the country, this Tuesday the U.S.
Fourth Circuit Court of Appeals ordered a new trial for Dr. William Hurwitz, a pain physician
who was convicted and sentenced to 25 years in prison for 50 counts of criminal "drug
distribution."

The federal appeals court found that the trail court had inappropriately instructed the jury not
to consider Dr. Hurwitz's defense of acting in good faith. This decision has significance beyond
just Dr. Hurwitz' case--if his appeal had failed, the precedent would have negatively impacted
the care chronic pain patients receive nationwide, and encouraged federal prosecutors to usurp
the traditional roles of state medical boards in determining and enforcing standards of medical
practice.

The Drug Policy Alliance contributed to this important decision by filing an amicus
(friend-of-the-court) brief ( http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130079 ) in
September 2005 on behalf of leading pain specialists across the country. The brief sought to
educate the court about the difficulties faced by pain patients seeking adequate treatment, to
correct common misunderstandings about pain therapy, and to explain how the federal government
misconstrued both federal law and accepted standards of medical practice in prosecuting Dr.
Hurwitz.

The brief urged the appellate court to overturn Dr. Hurwitz's conviction in order to preserve
the traditional regulation of medicine by the states, not the federal government. Review of
physician practices and conduct is normally a function reserved for state level regulatory
boards, which generally are better equipped than lay jurors to assess the technical clinical and
scientific issues raised by such inquiries.

Dr. Hurwitz and his patients are among the mounting casualties of the federal government's war
against pain patients in need of opioid analgesics and the physicians who provide these
medications. As the Drug Enforcement Administration expands prosecution of pain doctors, growing
numbers of doctors are dissuaded from providing effective treatment to patients suffering severe
pain. They fear a criminal investigation into their prescription practices that could take place
despite their beneficent medical intentions.

DPA will continue its work to counter public misperceptions about the nature of chronic pain
treatment and protect the rights of pain doctors and their patients.

STUDENT DRUG TESTING GETS AIRTIME

National Public Radio's Justice Talking this week takes on the issue of random student drug
testing ( http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130080 ). Marsha Rosenbaum,
director of DPA's Safety First project, debates Dr. Robert DuPont about the merits,
effectiveness and cost of school drug testing programs. Rosenbaum warns that drug testing takes
scarce money away from drug education and extracurricular activities while damaging student
teacher relationships and further marginalizing at-risk students. She stresses, "Let parents do
their job."

Later in the program, a mother in Missouri describes the process of supporting her two children
as they decide whether to consent to testing in order to participate in extracurricular
activities. Her son gives up serving as the elected student council president because he objects
to the invasion of his privacy, while her daughter consents to testing because she hopes to earn
a college scholarship from her sports participation and wants to be with her friends.

The program closes with Joseph Cappella, Professor of Communications at the University of
Pennsylvania, discussing his research around the Office of National Drug Control Policy's
anti-drug campaigns. He explains the dangers of exaggeration, pointing to an advertisement
depicting marijuana as a gateway drug which actually increased the desire to use marijuana in
high-risk students.

More information and audio files of the program are available here:
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130080 .

_____________________________________________________________________
ANNOUNCEMENTS

POSITION WITH DPA IN SACRAMENTO

DPA seeks a director for its California Capital office. The director bears primary
responsibility for DPA's California legislative advocacy, supervises a small professional
office, and serves on the DPA management team. For more information, including qualifications
and how to apply, please see the full posting:
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130067

_____________________________________________________________________
H I G H L I G H T

SAVE THE DATE: SAN FRANCISCO EVENT

DPA cordially invites you to Upward & Onward: 10 Years of Visionary Reform, a fundraising event
honoring three great philanthropists, on November 15, 2006, at the City Club of San Francisco.
Mayor Gavin Newsom and Assemblyman Mark Leno will co-chair our celebration of the 10th
anniversary of Proposition 215 (medical cannabis), the 10th anniversary of DPA's first
California office, and the 5th anniversary of Proposition 36 (treatment instead of
incarceration). For more information email Lrorvig [at] drugpolicy.org.

_____________________________________________________________________
E V E N T S

October 10, 2006. Drug Policy Alliance, 610 S. Ardmore Ave., Los Angeles, CA. SURVIVING PROP 36
BUDGET CUTS. Prop 36 was under-funded this year. Join us for a discussion about how program
stakeholders-including participants-can work together to fight for more funding now, and how
treatment providers can adapt in the meantime.
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130081

October 25, 2006. Fort Mason Conference Center, San Francisco, CA. BEYOND ZERO TOLERANCE
CONFERENCE: NEW DIRECTIONS IN DRUG EDUCATION. This one-day conference offers realistic,
pragmatic, and cost-effective strategies for implementing drug education and effective
disciplinary practices in secondary schools.
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130026

Nov 9-12, 2006. Marriott Oakland City Center Hotel, Oakland, CA. 6th National Harm Reduction
Conference. For the 6th National Harm Reduction Conference - "Drug User Health: The Politics and
the Personal" - we have returned to Oakland, one of our home bases and the site of our first
national conference, held in 1996.
http://actioncenter.drugpolicy.org/ctt.asp?u=4226869&l=130027.