Quotulatiousness

December 6, 2014

Fran Tarkenton on the NFL’s long-standing drug problems

Filed under: Football, Health, Law — Tags: , , , , — Nicholas @ 10:57

In an interview with Jenny Vrentas, former Viking great Fran Tarkenton discusses this year’s crop of rookie quarterbacks (including the Vikings’ Teddy Bridgewater), the NFL’s ongoing disciplinary issues with Ray Rice and Adrian Peterson, the long-term issues with NFL doctors dispensing painkillers, and the advent of performance-enhancing drugs. On the issue of league discipline, he believes the league should not allow Rice or Peterson to play again:

VRENTAS: Are you saying the Vikings should move on from Peterson because of his age, or because of the child abuse case that led to his suspension?

TARKENTON: I followed the Clippers thing. That owner [Donald Sterling] didn’t get indicted for any crime, but the racial comments he made were totally inappropriate, and we took a stand. The whole world and the NBA, we have zero tolerance to racism. And I think that’s right. I agree with that. But I also think we ought to have zero tolerance to child abuse and domestic violence. I don’t think [Peterson] should play again in the NFL. I don’t think Ray Rice should play again. Either we have zero tolerance, or we don’t. And what is more egregious than domestic violence and child abuse? I don’t know of anything, unless you kill somebody.

VRENTAS: Peterson has not played since the child-abuse charges first surfaced in September, and now he’s been suspended for the rest of the season, pending appeal. Do you think the response shows that teams and the league are starting to take these issues more seriously?

TARKENTON: Kind of. They have been a little bit wishy-washy. [The Vikings] were going to play Adrian Peterson [before reversing course in September]. Other teams were going to play other players [involved in cases of domestic violence]. And the NFL was going to give just a two-game suspension to Ray Rice. I don’t think we’ve gotten beyond “win at any cost” yet. And I think we need to get there. We should have zero tolerance to racism. We don’t believe that, right? Is that more important than zero tolerance to domestic abuse and child abuse? Unless we as a society think that way, then we won’t make progress. And the whole domestic violence thing, that has been tolerated universally, but certainly in the NFL. We can’t tolerate that. All these behaviors that are so egregious continue. We need to set an example.

And on the topic of team doctors and the use of drugs to get players back into games (but which had potentially serious long-term health implicatons:

VRENTAS: You wrote a letter to the New York Times regarding painkiller abuse, in response to the DEA’s recent spot checks of NFL team medical staffs. This has been a subject you have been vocal about. What was your experience with painkiller use during your playing career?

TARKENTON: This has been going on forever. I was playing for the New York Giants, and I hurt my shoulder in a game against the Pittsburgh Steelers. I came in at halftime, and the doctor had a great big long needle, punched a few different places, and told me, “Show me where it hurts the worst.” I said, “Ow,” and he jammed a combination of xylocaine and cortisone into my shoulder. That’s not good for my shoulder, but he’s my team doctor. I don’t think he’s going to do something that hurts my career, right? He’s like my family doctor. If my family doctor tells me to take a pill, I’ll take a pill. So every Friday, I went on the subway from old Yankee Stadium, where we practiced, all the way down to lower Manhattan to St. Vincent’s Hospital, and they did the same thing they did at halftime. They shot my shoulder. It didn’t really help me, but it allowed me to play. Now, when I come back to Minnesota, my shoulder is worse. The year we played the Pittsburgh Steelers in the Super Bowl in New Orleans, my shoulder was already deteriorating, and I hurt it early in the season in Dallas. The rest of the year I could not throw a ball in practice; I could not throw a ball in warm-ups over 10 yards. When I got in the game, I could throw it maybe 40 yards, because my adrenaline was up, but there was nothing on it. But every Friday, guess what they shot me with? Butazolidin. That’s what they shot horses with. Shot me up every Friday, all the way to the Super Bowl. I retired at age 39, and I see my doctors down here [in Atlanta] because my shoulder is killing me. They say, “You’ve got the shoulder of a 75-year old man. You need your shoulder replaced.” I talked to a lot of the old guys — Roger Staubach, Otto Graham, Sammy Baugh, Johnny Unitas, Y.A. Tittle ­— and none of them had shoulders replaced. I had my shoulder replaced, because they shot me up. Where was the conscience back then? People say, “You knew what they were doing.” I knew what they were doing, but I didn’t think they would hurt me. I didn’t think my shoulder was going to fall apart.

November 25, 2014

QotD: Rand Paul and the war on drugs

Filed under: Law, Liberty, Quotations, USA — Tags: , , , , , — Nicholas @ 00:01

I’ll do everything to end the war on drugs. … The war on drugs has become the most racially disparate outcome that you have in the entire country. Our prisons are full of black and brown kids. Three-fourths of the people in prison are black or brown, and white kids are using drugs, Bill, as you know … at the same rate as these other kids. But kids who have less means, less money, kids who are in areas where police are patrolling … Police are given monetary incentives to make arrests, monetary incentives for their own departments. So I want to end the war on drugs because it’s wrong for everybody, but particularly because poor people are caught up in this, and their lives are ruined by it.

Rand Paul, speaking to Bill Maher, 2014-11-15.

November 14, 2014

QotD: The difference between medicine and recreational drugs

Filed under: Health, Quotations — Tags: , , , — Nicholas @ 00:01

I do occasional work for my hospital’s Addiction Medicine service, and a lot of our conversations go the same way.

My attending tells a patient trying to quit that she must take a certain pill that will decrease her drug cravings. He says it is mostly covered by insurance, but that there will be a copay of about one hundred dollars a week.

The patient freaks out. “A hundred dollars a week? There’s no way I can get that much money!”

My attending asks the patient how much she spends on heroin.

The patient gives a number like thirty or forty dollars a day, every day.

My attending notes that this comes out to $210 to $280 dollars a week, and suggests that she quit heroin, take the anti-addiction pill, and make a “profit” of $110.

At this point the patient always shoots my attending an incredibly dirty look. Like he’s cheating somehow. Just because she has $210 a week to spend on heroin doesn’t mean that after getting rid of that she’d have $210 to spend on medication. Sure, these fancy doctors think they’re so smart, what with their “mathematics” and their “subtracting numbers from other numbers”, but they’re not going to fool her.

At this point I accept this as a fact of life. Whatever my patients do to get money for drugs — and I don’t want to know — it’s not something they can do to get money to pay for medication, or rehab programs, or whatever else. I don’t even think it’s consciously about them caring less about medication than about drugs, I think that they would be literally unable to summon the motivation necessary to get that kind of cash if it were for anything less desperate than feeding an addiction.

Scott Alexander, “Apologia Pro Vita Sua”, Slate Star Codex, 2014-05-25.

October 27, 2014

Beware the stoner sheep!

Filed under: Britain, Humour, Law — Tags: , , — Nicholas @ 07:21

In The Register, news you can use!

A flock of sheep that are about to meet their maker at the abattoir got high on cannabis plants worth £4,000, after the drugs were ditched in a Surrey field.

“My sheep weren’t quite on their backs with legs in the air but they probably had the munchies,” farm shop manager Nellie Budd told local rag the Surrey Mirror.

“They haven’t had any other side effects but I’ll tell you about the meat next week.”

The stash of marijuana plants, which were each roughly three foot tall, were dumped at the edge of Fanny’s Farm in Markedge Lane, the paper reported. Budd’s shop was just 200 yards from where the drugs were fly-tipped, apparently.

Police told Budd that the cannabis had a street value of about £4,000.

October 16, 2014

Italian recession officially ends, thanks to drugs and prostitution

Filed under: Economics, Europe — Tags: , , , , — Nicholas @ 10:21

As Kelly McParland put it, it’s “another reason to legalize everything nasty“:

Italy learnt it was no longer in a recession on Wednesday thanks to a change in data calculations across the European Union which includes illegal economic activities such as prostitution and drugs in the GDP measure.

Adding illegal revenue from hookers, narcotics and black market cigarettes and alcohol to the eurozone’s third-biggest economy boosted gross domestic product figures.

GDP rose slightly from a 0.1 percent decline for the first quarter to a flat reading, the national institute of statistics said.

Although ISTAT confirmed a 0.2 percent decline for the second quarter, the revision of the first quarter data meant Italy had escaped its third recession in the last six years.

The economy must contract for two consecutive quarters, from output in the previous quarter, for a country to be technically in recession.

It’s merely a change in the statistical measurement, not an actual increase in Italian economic activity. And, given that illegal revenue pretty much by definition isn’t (and can’t be) accurately tracked, it’s only an estimated value anyway.

August 27, 2014

Reason.tv – P.J. O’Rourke on Millennials and Baby Boomers

Filed under: History, Liberty, Media, USA — Tags: , , , , , — Nicholas @ 08:12

Published on 26 Aug 2014

“Just this whole process of going through the baby boom’s history, I began to realize what a nicer society — kinder, more decent society — that we live in today than the society when I was a kid,” says P.J. O’Rourke, best-selling author of Holidays in Hell, Parliament of Whores, and many other titles.

O’Rourke sat down with Reason‘s Nick Gillespie at Freedom Fest 2014 in Las Vegas to discuss his new book, The Baby Boom: How it Got That Way and It Wasn’t My Fault and I’ll Never Do it Again. As the father of three kids born between 1997 and 2004, he also lays down some thoughts about millennials, noting that they live in a much nicer, more tolerant world than the one in which he grew up. “I don’t think my 10-year old boy has ever been in a fist fight,” says O’Rourke, who was born in 1947. “I mean there might be a little scuffling but I don’t think he’s has ever had that kind of violent confrontation that was simply part of the package when I was a kid.”

He also feels that the internet “fragments information” in a way that destroys the sweep of history, at least at first. “You end up with mosaic information,” he says. “Now, I think over time the kids put these mosaics together but I don’t think the internet itself lends itself to the sweep of history.”

The interview also includes a tour of O’Rourke’s long and varied career in journalism, from his humble beginnings writing for an underground alt-weekly to his time as editor of National Lampoon and his incredible work as a foreign correspondent for Rolling Stone to his current position as columnist at the Daily Beast.

A prominent libertarian, O’Rourke also discusses the difficulties in selling a political philosophy devoted to taking power away from politicians.

“If libertarianism were easy to explain and if it weren’t so easy to exaggerate the effects of libertarianism — people walking around with ‘Legalize Heroin!’ buttons and so on — I think it would’ve been done already,” says O’Rourke. “But the problem is, of course, is that libertarianism isn’t political. It’s anti-political, really. It wants to take things out of the political arena.”

August 12, 2014

“Ayn Rand-obsessed pot smokers who want to hide their money from the tax man”

Filed under: Liberty, Politics, USA — Tags: , , , , — Nicholas @ 08:06

J.D. Tuccille on five libertarian issues that should matter just as much to non-libertarians:

Are libertarians just Ayn Rand-obsessed pot smokers who want to hide their money from the tax man? That’s what many critics of the libertarian movement, and its seemingly looming moment in American history (as reported by the New York Times) would have you believe. But maybe we’re smoking that grass because we’re all too aware of what government officials do with that money (and to us all) when they get their hands on it (Ayn Rand did provide some cautionary tales, if you care to read her books).

Below are just five of the many issues on which libertarian journalists, independent think-tankers, state-challenging politicians, and freedom-loving litigators, among others, have worked to preserve and extend our liberty over the years. These are issues that matter to us. We think they should matter to you too — and they already may.

America’s Insane Incarceration Rate

“Every ten or eleven people that you meet, someone is going to either know someone in prison, has been in prison with a record, or you met them and they are going off to prison,” Michael Stoll, co-author of Why Are So Many Americans in Prison?, told Reason last year.

Those who now fill the nation’s jails, prisons, and detention centers, says the Prison Policy Initiative, number about 2.4 million people.

[…]

The Insane War on Drugs

The easiest way to get thrown behind bars in recent years has been by using, buying, selling, or merely possessing an intoxicant that doesn’t meet politicians’ approval. Prohibition of alcohol may have failed, but the impulse to prohibit — and to penalize those who don’t or won’t get with the program, continues in laws against marijuana, cocaine, methamphetamine, and myriad other substances.

[…]

Whatever the Hell Happened to Police in This Country

You can’t have prisons groaning full of people busted for drug violations without somebody to put them there. That somebody is inevitably law enforcement in all its various permutations—though you might be forgiven for thinking it’s an occupying army, given the military tactics, equipment, and mindset that so many police departments have adopted.

[…]

Small Business-Killing Meddling

Government officials don’t have to unleash uniformed minions on you to make your life miserable — they can do the same thing with a web of red tape and a plague of inspectors. The challenge of making an honest living can become almost impossible when burdened with bureaucracy.

[…]

Peace

You can’t enjoy life, liberty, and prosperity if your ass has been shot off in some politician’s bloody military adventure. And libertarian-oriented lawmakers feature prominently among the “wacko-birds” denounced by uber-hawk, Sen. John McCain (R-Az.). Specifically, Sen. Rand Paul (R-Ky.) and Rep. Justin Amash (R-Mich.) ranked proudly among those called out for opposing drone assassinations and unprovoked interventions in other countries’ affairs.

August 1, 2014

The New York Times bravely challenges … a policy they’ve propagandized for a century

Filed under: Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 07:39

In Forbes, Jacob Sullum admits that the sudden change of heart by the New York Times made him stop and reconsider whether he’d been wrong all this time:

According to a recent poll by the Pew Research Center, 54 percent of American adults support marijuana legalization. That’s around 130 million people. It turns out that some of them are members of the New York Times editorial board, which on Sunday declared that “the federal government should repeal the ban on marijuana.”

Given its timing, the paper’s endorsement of legalization is more an indicator of public opinion than a brave stand aimed at changing it. Andrew Rosenthal, editorial page editor at the Times, told MSNBC’s Chris Hayes that the new position was not controversial among the paper’s 18 editorial writers and that when he raised the subject with the publisher, Arthur Sulzberger, “He said, ‘Fine.’ I think he’d probably been there before I was. I think I was there before we did it.” Better late than never, I guess, although I confess that seeing a New York Times editorial in favor of legalizing marijuana briefly made me wonder if I’ve been wrong about the issue all these years.

In their gratitude for the belated support of a venerable journalistic institution, antiprohibitionists should not overlook the extent to which the Times has aided and abetted the war on marijuana over the years. That shameful history provides a window on the origins of this bizarre crusade and a lesson in the hazards of failing to question authority.

[…]

In short, the Times first publicly toyed with the idea of marijuana legalization in 1972, but it did not get around to endorsing that policy until 42 years later. What happened in between? Jimmy Carter, a president who advocated decriminalization, was replaced in 1981 by Ronald Reagan, a president who ramped up the war on drugs despite his lip service to limited government. That crusade was supported by parents who were alarmed by record rates of adolescent pot smoking in the late 1970s. Gallup’s numbers indicate that support for legalizing marijuana, after rising from 12 percent in 1969 to 28 percent in 1978, dipped during the Reagan administration, hitting a low of 23 percent in 1985 before beginning a gradual ascent.

Legalization did get at least a couple of positive mentions on the New York Times editorial page during the 1980s. A 1982 essay actually advocated “regulation and taxation” as “a more sensible alternative” to decriminalization, arguing that “a prohibition so unenforceable and so widely flouted must give way to reality.” But that piece was attributed only to editorial writer Peter Passell, so it did not represent the paper’s official position. Four years later, an editorial that was mainly about drug testing asked, “Why not sharpen priorities by legalizing or at least decriminalizing marijuana?” Good question. Let’s think about it for a few decades.

July 19, 2014

UPS capitulates, but FedEx will fight

Filed under: Business, Law, USA — Tags: , — Nicholas @ 10:21

Scott Greenfield on an interesting attempt by the US government to get private delivery firms to act as an unpaid arm of law enforcement:

    In the future, everyone will be a cop for 15 minutes.
    – Apologies to Andy Warhol

And if you don’t fulfill your duty, the government will indict you. United Parcel Service decided it was a better business move to pay off the government, at a price tag of $40 million. Federal Express refused. The government has now indicted FedEx for its refusal to capitulate.

[…]

The indictment relates to internet “pharmacies,” that ship drugs to people who may have no prescription and without having been treated by a physician. Not all internet pharmacies are evil, and not all prescriptions filled are wrongful, but the government nonetheless demands that delivery companies be not only its eyes and ears, but its arms and legs, in this battle of its war against crime. If only corporate America would faithfully serve its master, it would make law enforcement’s job so much easier.

The indictment is the typical slinging together of vague back-end anecdotes which, when the salient details are studiously omitted, create the disturbing appearance of complicity, if not exactly wrong-doing. After all, shouldn’t a delivery company know that it’s being used by criminals? Because it’s their responsibility to spy on packages, or see into the hearts of recipients, or know each back office deal of their customers?

Ironically, it’s not that FedEx wants to deliver contraband, but that the government refused to cooperate.

H/T to Amy Alkon for the link.

June 22, 2014

George W. Bush’s former Drug Czar does his very best Baghdad Bob imitation

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 11:46

Image courtesy of Meme Generator

Image courtesy of Meme Generator

Nick Gillespie reports on the one war we should be happy to lose once and for all:

It turns out that Dick Cheney isn’t the only Bush administration muckety-muck still fighting the last war.

Even as the former vice-president took to the pages of The Wall Street Journal to blame Barack Obama for the deteriorating situation in Iraq, George W. Bush’s drug czar, John P. Walters, is arguing in Politico that no, really, victory in the war on drugs is just around the corner. We’ve just got to hold the line, don’t you see, especially against Barack Obama, “whose administration has facilitated marijuana legalization” despite also setting a record for federal raids against medical pot dispensaries in California.

More important, insists Walters, is that you understand “Why Libertarians Are Wrong About Drugs.” Well, OK. I know I’ve been wrong about drugs at times. For instance, I seriously worried that Colorado might have taxed its fully legal pot out of reach of most buyers, thus allowing a black market to thrive. But it turns out that the biggest problem in the Centennial State is how to spend extra tax revenues generated by pot sales, which are coming in 40 percent higher than expected. Oh yeah, and crime is down in Denver.

Recognizing that public opinion increasingly backs treating pot similar to beer, wine, and alcohol, Walters explains that the “the libertarian commitment to freedom should absolutely be acknowledged and, in a time of growing state control, defended. But, when it comes to drugs, libertarians have yet to grasp just how much drug abuse undermines individual freedom and erodes the very core of the libertarian ideal.”

This is simply the old, unconvincing argument that currently (read: arbitrarily) illegal drugs rob individuals of the ability to act rationally or purposefully and thus present a special case in which freedom must be disallowed. This canard is as worn as out as a meth addict’s gums. The same thing was said about booze in the run-up to Prohibition, of course: The man takes a drink and then the drink takes the man and all that.

June 15, 2014

Pennsylvania middle school kids are apparently huge druggies

Filed under: Bureaucracy, USA — Tags: , , , , — Nicholas @ 09:40

The average middle school kid in Pennsylvania must be a druggie, if the local school boards mandate drug testing for grade five and up students:

At Susquenita Middle School in Duncannon, Pa., a community 20 minutes north of Harrisburg, an eighth-grader chose to skip the National Junior Honor Society this year, reports Eric Veronikis at PennLive:

    Leila May was drug-tested once during her fifth grade year, once in sixth grade and three times as a seventh grader because Susquenita School District randomly tests students in grades five through 12 who participate in extracurricular activities and apply for parking permits.

She always tested negative but her parents have tired of the intrusion and embarrassment and her mother Melinda says they’re weren’t willing to sign another consent form. “It’s sad that this is what we had to resort to. It’s ridiculous.”

Twelve years ago, the U.S. Supreme Court ruled 5-4 in Board of Education v. Earls (2002) that schools generally have discretion to impose drug testing on participants in extracurricular activities even without particularized suspicion, on the grounds that such activities are voluntary.

Well, I guess the local school board must have good reasons to implement the kind of drug testing regime that professional sports leagues or military organizations might use … although I’m scratching my head to figure out what they could possibly be.

May 31, 2014

“The smoke from this plant causes a brief state of euphoria, immediately followed by permanent insanity”

Filed under: Government, Health, Media — Tags: , , , , — Nicholas @ 10:29

Paula Bolyard says that this collection of TV public service announcements from the 1970s may go a long way to explain why as parents they obsessively over-protect their kids (the Millenial generation). I loved this one:

In an effort to communicate a hip-sounding anti-drug message that teens could relate to, this PSA probably achieved the opposite of its intended effect. It made drugs seem fun and cool and glamorized drug use more than demonizing it.

Here are some gems from this hilarious PSA:

    I know what you’re thinking. What is marijuana? What makes it so dangerous? Where can I get some marijuana? Well, brother, I’m not going to nickle and dime you. I’m not like ‘the man’ all you kids are rebelling against. I’m hip. I know what young people are dealing with these days.

Yes, he actually said “nickle and dime you.”

    Rolled in Zig Zags or puffed from 7th period wood shop projects, the smoke from this plant causes a brief state of euphoria, immediately followed by permanent insanity. Users are prone to unpredictable behavior including junk food binges, joy rides, and a sudden urge to wear sunglasses at night.

At long last I now know why my brother was so interested in wood shop in junior high.

    Long term use of marijuana can lead to a psychological dependency. Soon you’ll be taking all sorts of measures to get your fix. People will start calling you names like ‘pothead’ or ‘Smokie McBongwater.’ Losing all motivation, it’s likely that you will drop out of school take a sudden liking to sitar music and maybe even get felt up by a cop or two.

This explains basically everything about the 70s.

    Is marijuana really where it’s at? Is it really as righteous as you think? There is more to life than grass. There are fulfilling careers and grrrr000vy beach parties. The closer you look the more seeds you find in your stash. Follow your hopes and dreams. Be someone. Do yourself and your country a favor. Don’t let this happen to you.

Raise your hand if you’re convinced.

May 14, 2014

Another area for freedom of choice – the “right to try”

Filed under: Bureaucracy, Health, Science, USA — Tags: , , , — Nicholas @ 11:32

Amity Shlaes talks about a movement to allow more freedom of choice, but in an unusual and tightly regulated sector:

For decades now the Food and Drug Administration has maintained an onerous and slow approval process that delays the debut of new drugs for fatal diseases, sometimes for years longer than the life span of the patients desperate to try them. Attorneys and scholars at the Goldwater Institute of Arizona have crafted legislation for the states that would allow terminally ill patients to try experimental drugs for cancer or degenerative neurological diseases earlier. These “Right to Try” bills are so scripted that they overcome the usual objection to delivery of such experimental drugs: safety. Under “Right to Try,” only drugs that have passed the crucial Phase 1 of FDA testing could be prescribed, thereby reducing the possibility of Thalidomide repeat. Second, only patients determined to have terminal cases would be eligible to purchase the drugs, making it harder to maintain that the drug will jeopardize their lives.

Representatives in Colorado, Louisiana, and Missouri approved the “Right to Try” measure unanimously. Citizens of Arizona will vote on the effort to circumvent the FDA process this fall.

Why the popularity? The phrase “Right to Try” appeals especially in a nation that senses all too well the reductions in freedom that come as the Affordable Care Act is implemented. The recent success of The Dallas Buyers’ Club, a film about a man who procured experimental drugs for AIDS patients, also fuels the “Right to Try” impulse. Some of the popularity comes from our culture of choice. In Colorado, where citizens have choice about abortion, and now the choice to use marijuana, they may also get what seems an elemental choice, that to try to save their own lives.

But of course “Right to Try” also sails because of the frustration of tragedy. Years ago a man named Frank Burroughs founded the Abigail Alliance after conventional options failed to cure his 21-year-old daughter’s cancer. Abigail’s oncologist tried to get Abigail newer drugs, Erbitux or Iressa from AstraZeneca, the company with which Pfizer hopes to merge. But the drugs were not available in time to save the girl. The Abigail Alliance is attempting on the federal level what Goldwater is trying for states: The federal bill’s name is the Compassionate Care Act. “Those waiting for FDA decisions, mainly dying patients and those who care for them, view the agency as a barrier,” co-founder Steve Walker explained simply. And who can disagree? Many of the supporters of “Right to Try” or the Abigail Alliance are businesspeople or scientists who are motivated to honor ones they have lost to illness; others are racing to save sick family who are still living. Yet others labor for patients in particular or science in general.

May 8, 2014

Weighty injustice

Filed under: Law, USA — Tags: , , — Nicholas @ 08:30

Scott Greenfield discusses something most of us have never given any though to:

In a New York Times op-ed. former AUSA turned Minnesota lawprof Mark Osler did a mitzvah by explaining the game played in drug sentencing. After noting some of the problems recently raised about mandatory minimums, the pardon game and absurdly long Guidelines sentences, he goes on:

    Unfortunately, none of this addresses a very basic underlying problem: We continue to use the weight of narcotics as a proxy for the culpability of an individual defendant, despite this policy’s utter failure. If a kingpin imports 15 kilograms of cocaine into the country and pays a trucker $400 to carry it, they both face the same potential sentence. That’s because the laws peg minimum and maximum sentences to the weight of the drugs at issue rather than to the actual role and responsibility of the defendant. It’s a lousy system, and one that has produced unjust sentences for too many low-level offenders, created racial disparities and crowded our prisons.

[…]

But when a person is prosecuted based upon an arbitrary distinction, that he carried a certain number of grams of dope (because we can all distinguish between the weight of 7 grams and 8, right?) it should reflect a significant difference in crime and sentence.

[Radley Balko] goes on to discuss a related, but separate, issue, that drug weight is aggregate rather than pure. In other words, ten kilos of cocaine can contain 9 kilos of baby laxative, cut as it’s called in the trade, and only one of active narcotic, but it’s still ten kilos for the purpose of charging and sentence. This is a policy decision, that the purity of the drug is not considered, even though it tells a great deal about where the defendant is on the food chain of drugs. The higher the purity, the higher on the food chain, as drugs get “stepped on,” or diluted, at each level down the chain.

This applies even with less applicable concepts, such as marijuana, where the weight of stalks and stems of seized marijuana plants can be included in aggregate weight even though they are useless as drugs. The message is, you pay by the pound, regardless. It simplified the police and prosecutorial function, even as it undermines any doctrinal justification for the charge and sentence.

April 22, 2014

QotD: Fear and Loathing in Las Vegas

Filed under: Humour, Media — Tags: , , , — Nicholas @ 12:13

The sporting editors had also given me $300 in cash, most of which was already spent on extremely dangerous drugs. The trunk of the car looked like a mobile police narcotics lab. We had two bags of grass, 75 pellets of mescaline, five sheets of high-powered blotter acid, a salt shaker half full of cocaine, and a whole galaxy of multi-colored uppers, downers, screamers, laughers … and also a quart of tequila, a quart of rum, a case of Budweiser, a pint of raw ether and two dozen amyls.

All this had been rounded up the night before, in a frenzy of high-speed driving all over Los Angeles County – from Topanga to Watts, we picked up everything we could get our hands on. Not that we needed all that for the trip, but once you get locked into a serious drug collection, the tendency is to push it as far as you can.

The only thing that really worried me was the ether. There is nothing in the world more helpless and irresponsible and depraved than a man in the depths of an ether binge. And I knew we’d get into that rotten stuff pretty soon. Probably at the next gas station. We had sampled almost everything else, and now – yes, it was time for a long snort of ether. And then do the next 100 miles in a horrible, slobbering sort of spastic stupor. The only way to keep alert on ether is to do up a lot of amyls – not all at once, but steadily, just enough to maintain the focus at 90 miles an hour through Barstow.

Hunter S. Thompson, “Fear and Loathing In Las Vegas”, Rolling Stone, 1971-11-11

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