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Stephen Downing

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An Open Letter to California Chiefs of Police and Sheriffs

Posted: 10/24/11 01:50 PM ET

Dear Fellow Law Enforcers,


The federal government has put up another $72 million in "war-on-drugs-grants" to redirect your police resources once again from true public safety duties in order to extend their failed war on drugs; this time with a savage assault on California's 15-year-old medical marijuana law. Are you going to take the money and enforce federal law in lieu of upholding the will of the people of California or are you going to honor your sworn oath to uphold the laws of our sovereign state and send the money back?


August Vollmer, the police chief whose name is synonymous with the origins of professionalism in American policing, would urge you to send it back.


In his work as president of the International Association of Chiefs of Police (IACP) and the Wickersham Commission Vollmer contributed to the successful campaign that led to the repeal of alcohol Prohibition. In an address to the IACP he stated "drug addiction is not a police problem; it never has and never can be solved by policemen, but by scientific and competently trained medical experts..."

Unfortunately Vollmer wasn't around when Nixon decided to wage his war on drugs against the American people in 1971. I was a police commander in South Central Los Angeles at the time, and most of us believed Nixon's propaganda; that it was a just war, that the "druggies" were evil and comprised a threat to our communities.


We saw our resources dedicated to public safety bought off by Department of Justice and White House grants so that we could leverage their political priorities at the expense of our communities. Using their grant money and the lure of budget dollars though asset seizures they co-opted our public safety priorities and our role as public servants in deciding what was best for our communities. Evidence based budgeting and responsible, prioritized policing went out the window in favor of the war on drugs. We morphed from public servant to drug warrior; blindly serving their interests and their agreements with those who benefited most by a continuation of their war on drugs. We helped them invade and occupy our poorer communities. Their money allowed us to build war machines to batter down doors, purchase sophisticated weapons, surveillance equipment and intelligence apparatus. We arrested and imprisoned thousands and then hundreds of thousands, and while most users were white, the majority we sent to prison were from our minority communities.


Most of us stood proudly at the show and tells hovering over tons of drugs, mountains of cash and hundreds of weapons as a compliant media snapped our pictures and hailed our progress toward winning Nixon's war on drugs.


But, many of us came to see that we were not winning. We saw the gangs grow, fueled by drug money, the cartels better armed, death squads trained by our own military unleashed across Mexico and our border states. The bodies began to stack up, the gangs became more and more violent, the cartels outgunned us and many of our police officers, our public servants, were killed and maimed for life while the communities we were sworn to protect and serve huddled in their homes dodging bullets and watching their children die by gunfire, night after night after night. For what?


That's what I asked myself when we lost our department's first officer to Nixon's war. For what? And then another ended up in a wheel chair for life. For what? So that we could continue the futile effort to keep a recreational or medical cannabis user from getting what he or she wanted? So we could continue failed programs keep an addict from getting a fix? So we could continue to rake in federal funds and shape our budgets around asset seizures rather than evidence based policing aimed at criminals who impose actual harm? For what?


I answered that question for myself and took a hard look at all of it. I came away from that "look" convinced that we were creating more economic and physical harm for the people we served than we prevented by taking their autonomy away and subjecting them to punishments far harsher than would have resulted from drug abuse alone. We destroyed generations of young people by labeling them as drug offenders, denying them education and job opportunities, we fueled the violence in our communities by allowing a black market to thrive, rather than providing the leadership to oppose Washington and the federal drug warriors. We allowed our children access to dangerous drugs by serving as catalyst that allowed an army of pushers to thrive rather than regulating the market for adults and drying up the pushers and the hierarchy of gangsters and drug lords that fed them. We threw soft-drug users into prisons awash in hard drugs. People entered jail with a diploma in marijuana and left jail with a doctorate in fraud, extortion and rape. We built more and more prisons while we fired more and more schoolteachers. And in the end, today, sadly, our communities have lost respect for the rule of law.


The one bright light came from the people of California when they took the first step toward regulation. They passed Prop 215, the medical marijuana law, in 1996. And after 15 years of regulated sales to those under doctors' supervision, we find the sky has not fallen and society has not suffered. In fact, not only has cannabis been more fully researched as a medicine, but crime has decreased in the areas that have allowed medical marijuana dispensaries, legal job opportunities have increased dramatically and tax dollars have gone into our treasuries.


This experience of the advantages of regulation of cannabis sales in California, though not perfect, has mirrored the experience in Holland, where drug policy experts have concluded that closing down safe, regulated, supervised points of marijuana sales would shift to the streets and that young people would become dependent on the criminal underworld for the purchase of drugs.


And yet, regardless of the successes, on October 6, 2011 U.S. Attorney Laura Duffy delivered Obama's declaration of war against the sovereignty of the people of California when she declared on his behalf that: "Under United States law, a dispensary's operations involving sales and distribution of marijuana are illegal and subject to criminal prosecution and civil enforcement actions. Real and personal property involved in such operations are subject to seizure by and forfeiture to the United States... regardless of the purported purpose of the dispensary."


Obama's weapons had already been fired. The IRS launched a devastating attack on tax-paying dispensaries by denying standard business expense deductions. The Department of Treasury has brow beaten banks into closing accounts of medical marijuana collectives. The ATF has warned firearms dealers not to sell firearms to medical marijuana users. The DEA has blocked a nine-year-old petition to reschedule marijuana for medical use, ignoring extensive scientific evidence of its medical efficacy. NIDA has blocked proposed research on medical marijuana to treat post-traumatic stress disorder for our veterans and -- in order to once again invade our communities with mass arrests, prosecutions and jailing of our citizens -- they have resorted to their tried and true strategy of buying you off -- this time with $72 million designed to divert 192 of your peace officers to drug warrior duty, once again, in order to carry out their assault on the sovereignty of the people of the State of California.


So, if you have taken that "hard look" as I did many years ago, you too have come to that fork in the road.


Down one path we can continue to attack and destroy the lives of harmless people -- often sick and dying people -- for exercising their free will...


...Or you can look to the words of August Vollmer, the father of professional policing in America, and return your share of the $72 million with a note explaining you would rather the money go to finding missing women and children -- investigating crimes with victims.


You can also vocally and economically support efforts such as the Regulate Marijuana Like Wine Act of 2012.


Vollmer would tell us that we don't have to be the stormtroopers following orders from the Obama administration and its dedicated horde of prohibitionists -- we can use our time-honored option -- our duty -- to prioritize crime according to public sentiment and evidence based policing as well as our own growing awareness over the relative seriousness of the harms to justify putting our energies elsewhere.


With our help, society may one day awake from this nightmare called drug prohibition in the same way that August Vollmer helped bring America out of the nightmare called alcohol prohibition nearly 80 years ago. It's never too late to start doing the right thing.


Sincerely,


Stephen Downing, Deputy Chief, LAPD, (ret.)


Executive Board Member, Law Enforcement Against Prohibition:


Member and co-author: Regulate Marijuana Like Wine initiative

 
 
 
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HUFFPOST SUPER USER
MalcolmKyle
08:59 AM on 11/12/2011
An appeal to all Prohibitionists:

Most of us are aware by now that individuals who use illegal drugs are going to get high, 'no matter what.' So why do you not prefer they acquire them in stores that check IDs and pay taxes? Gifting the market in narcotics to ruthless criminals, foreign terrorists and corrupt law enforcement officials is seriously compromising our future.

Even if you cannot stand the thought of people using drugs, there is absolutely nothing you, or any government, can do to stop them. We have spent 40 years and over a trillion dollars on this dangerous farce. Practically everybody is now aware that Prohibition will not suddenly and miraculously start showing different results. So why do you wish to continue with it? Do you actually think you may have something to lose If we were to start basing drug policy on science & logic instead of ignorance, hate and lies?

Maybe you're a police officer, a prison guard or a local politician. Possibly you're scared of losing employment, overtime-pay, the many kick-backs and those regular fat bribes. But what good will any of that do you once our society has followed Mexico over the dystopian abyss of dismembered bodies, vats of acid and marauding thugs carrying gold-plated AK-47s with leopard-skinned gunstocks?

Kindly allow us to forgo the next level of your sycophantic prohibition-engendered mayhem!
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HUFFPOST SUPER USER
Sheldon archer
Our facebook is Yuyun Archer
01:29 AM on 10/29/2011
Just another big business...The prison business. Got to keep the prosecutors, judges, police, lawyers, guards, DEA, probation officers, prison construction, food providers, etc etc busy. When is the American spring due to commence? Sorry but the OWS movement will not effect any change.
11:37 PM on 10/26/2011
Doctors supervision....
Anyone goes in and he/she the dr. says... So you're having headaches...no? Back problems...no?
ummmmm.... Crazy kids/wife/husband...ok here you go........
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HUFFPOST BLOGGER
Irene Rubaum-Keller
author of the book Foodaholic, psychotherapist
09:29 PM on 10/26/2011
It's hard to believe this is still going on in 2011. It's like the 60's never happened.
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HUFFPOST SUPER USER
Carmen Slade
5150 Or Fight!
08:05 PM on 10/26/2011
Cannabis is an easy target, one they can assault and appear to be "doing something."

Of course, cannabis is not the problem cocaine, or meth, or X, or heroin and pharmaceutical opiates are. Strangely, the feds want to make it illegal to own weapons if you have a medical marijuana card.
And yet, people on strong, prescribed opiates, people who really shouldn't own guns, have no problem.

This law will affect a person who uses weapons for hunting. It's insane.
HUFFPOST SUPER USER
dbrett480
11:48 AM on 10/26/2011
I appreciate Downing's sentiment, but encouraging law enforcement agencies to give much needed funds back to the government is beyond foolish. Most agencies are not like the LAPD, with the latest in technology. Heck, my department can barely afford cell phones for detectives working in the field.
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HUFFPOST SUPER USER
Carmen Slade
5150 Or Fight!
08:06 PM on 10/26/2011
Our county sheriff's department spent federal funds on...A SOUND CANNON!

Now they have a toy they can't use, because that thing can rupture eardrums. Oakland PD has one. I wonder if they'll use it and make some ears bleed next.
11:21 AM on 10/27/2011
dbrett480 - CA dispensaries paid 100 million dollars in taxes. 25% of that could go to law enforcemnent and 75% could go to health care. How does that sound vs the bribe of 75 million to have stae officers enforce federal law. This is the state of CA, we the voters have the right to petition and vote for what we feel is right for our living. It is not up to the federal governement it is up to the voters of the state. I ran counter narcotics for 5 years, marijuna is not the problem, believe me. I am a disabled veteran and I urge you to change your stance.
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dbrett480
12:22 PM on 10/27/2011
Local law enforcement agencies by and large do not care about marijuana. I sure don't and neither do most of my partners. Unless it is found in a school setting or used by an intoxicated driver, no arrest (or even a report) will be made. The federal funds are used to hire cops, buy new technology, conduct gang sweeps, etc.

My issue isn't with the author's stance on marijuana. It's with his insistence that law enforcement agencies turn down money. In today's times of tight budgets, public safety is much more important than a principled stance on only one drug.
HUFFPOST SUPER USER
ktthrp6
08:12 PM on 10/25/2011
Thank you for this enlightening and inspiring article. I have thought in this capacity for some time, but I seemed to be far out numbered. My reading this falls during DARE week at my kids' school. I want my kids to know that they shouldn't do drugs and drugs could ruin their lives, and I want the best for them. The problem is that while our counrty is bankrupt by so much, we are continuing to spend outrageous amounts on sting operations and undercover outfits. When is it going to stop? Because the war on drugs will never be over, never. And while they are spending entire careers on nailing one man who heads a drug cartel, how many rapists could he have caught? How many child molestors could he have imprisoned? How many Baby Lisa Irwins would he have brought back to her parents (albeit to presumed innocent parents)? As someone who is a former drug addict and parolee, it wasn't the police or the jails that got me to stop using, I had to decide on my own that I wanted to quit, that it was my time to stop. It's time to start putting the money from the war on drugs into putting away murderers, rapists, and child molestors. If they have to spend the money and keep building up the debt, at least make it worth while and help crimes that create victims.If they have to add to the debt, solve real crimes.
07:20 PM on 10/25/2011
Great article!!! I shared this on Facebook so all of my Conservative friends and acquaintances will hopefully become more educated on the topic. I was very fortunate a few years ago; I live in California and was pulled over, when the officer came to my window he immediately knew I had marijuana just from the smell. I know it wasn't the brightest thing to do, but I was completely honest with the officer and let him know I had smoked a few hours prior to driving home and I had a small amount in my car. The officer proceeded to look in the bag in my car that I told him the marijuana was in. At the time I had a MMJ card, but it was expired. I think because I only had a very small amount and because I was cooperative with him he just made me dump a couple nugs on the road and step on them. and let me off with no ticket or anything. If this had been in Texas or Florida things would have been much different. Hell I may still be in jail or prison had it been in a state where marijuana is still a felony.
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dbrett480
11:03 PM on 10/26/2011
In CA, this is basically standard operating procedure for pot possession.
11:40 PM on 10/26/2011
What profession are you in if you don't mind me asking....
This user has chosen to opt out of the Badges program
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06:16 PM on 10/25/2011
health versus wealth..

people versus profit..

smart money's on the latter!
04:39 PM on 10/25/2011
Great article! The biggest opposition that I see are the people that know the least about it, so they jump to conclusions. According to them, they don't use drugs, so they don't care and have no reason to think otherwise. So they don't see it as a "right" and consequently will never extend that right to others willingly. It was much easier to take away those rights than it will be to get them back.
03:55 PM on 10/25/2011
It's shameful setback that's unnecesary in order to make progress on fair & healthy business competition is to end discrimination practice that's self-serving. So we've voices in the matter that represent real need of safer alternative rather than un-natural products. War doesn't last forever so it'll eventual come to end but then we better prepare for new era of fair business act w/o discrimination! Then we can regulate its business aspect. We need new perspective of why cannabis is so widespread that's not possible to wipeout. We can look in people's view w/o bias, neither pro or con but just plain new common sense. We can find cost effective in deal with cannabis nationwide. We need to use logical, rational policy. We need to balance the natural resources to be put in good, many uses. There's reason why cannabis is created for people's needs. We don't need dogma from Feds who have poor fund of knowledge whereas cannabis community have more experiences. We elected offical to represent our interest not their own or big dirty business. War & drug don't mix, drug is suppose to relief warwearing lifesytle. We need to regulate, not reject it. Drug use isn't a crime, but pleasure like alcohol & tobacco. But unlike alcohol may cause violence, so we'rw wiser to seek safer choice. Feds need to change its schedule drug class 1 where cannabis doesn't belong in there but in similar drug class. It's time to wakeup Americans to improve countless lives.
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PCPrincess
I'm probably gaming.
11:03 AM on 10/25/2011
I am bookmarking this article as I do with other articles that I think are of the utmost importance. I can't overstate the importance of changing the way our society views not only addiction and drugs and the ridiculous war against them, but the way politicians have been one of the biggest driving forces in furthering fear-motivated public opinion in order to sway voters. The media has also been complicit in helping further ideas that are not helpful to society, but rather, harmful, because they can profit from the viewership. Years and years of media and politician fueled propaganda is going to be hard to erase, but if people like the former LAPD chief in the article above continue to speak out, we may be able to make changes that will help society immensely.
03:36 PM on 10/25/2011
FANNED! Concise and well phrased.
10:51 AM on 10/25/2011
Interesting.....while I agree with medical use, I am sending this post from a rehab full of adolescents who's lives have been profoundly affected by the use of marijuana. Yes, it is addictive and yes it does lead to more lethal drugs...
HUFFPOST SUPER USER
tracerhaha1
Support our troops, bring them home!
04:28 PM on 10/25/2011
The real gateway drugs are alcohol and tobacco.
04:49 PM on 10/25/2011
No alcoholics? Addictive as in just one puff?

IF it does lead to harder drugs, it is only because ALL of them are lumped into the same "bad" category. How are kids to know the difference when they see weed is not so bad? And then how are they to believe anything they are told? Kids aren't stupid. If they were treated with more respect and encouraged to be independent, they wouldn't have so many self-image issues and looking to self medicate. Blaming drugs is a cop out.
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MalcolmKyle
03:30 AM on 10/25/2011
Private prisons are publicly traded and their stock value is tied to the number of inmates. Here's what the UK Economist Magazine thinks of the situation: "Never in the civilised world have so many been locked up for so little" http://www.economist.com/node/16636027

According to Paul Craig Roberts, a former editor of the Wall Street Journal and former assistant secretary to the treasury under Ronald Reagan, "Police in the US now rival criminals, and exceed terrorists as the greatest threat to the American public."

"Narcotics police are an enormous, corrupt international bureaucracy and now fund a coterie of researchers who provide them with ‘scientific support’, fanatics who distort the legitimate research of others. The anti-marijuana campaign is a cancerous tissue of lies, undermining law enforcement, aggravating the drug problem, depriving the sick of needed help, and suckering well-intentioned conservatives and countless frightened parents."  – William F. Buckley, Commentary in The National Review, April 29, 1983, p. 495

There is no conflict between liberty and safety. We will have both or neither.
William Ramsey Clark (1927--)
03:38 PM on 10/25/2011
Well framed, MalcolmKyle!

Gosh! This reminds me of what happens in the FAMILY LAW INDUSTRY.

The Family Law Industrialists seem to rationalize and even theologize indulgence and case protraction at the expense of the most vulnerable people of all: our children and emotionally captive parents. Like problematic drug users, various bureaus voraciously consume two things:
Time... and Money.

Now I'm not saying that all lawyers and judges are "bad."

I am saying there is an alarming misuse and abuse of power by our many professionals, politicians, bureaus, agencies and corporations. Especially in the often collusive & self-protecting, Shadowy Syndicates of the Family Law and CPS Industries...

Alan Ernesto Phillips
https://profiles.google.com/115902390478619061589/about?hl=en

(I'm a fan, MK!)
11:24 PM on 10/24/2011
Great article. Thank you Mr. Downing.