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DrugReporter

Will a New Study Force Changes in Drug Law?

By Bruce Mirken, AlterNet. Posted March 15, 2007.


A two-year study from a British commission is recommending a reality-based approach to drug law, rooted in science and focused on reducing harm. Americans should take note.
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On March 8, a high-powered British commission recommended tossing that country's law on illegal drugs onto the scrap heap and starting over again. Given that the U.S. Controlled Substances Act parallels the British Misuse of Drugs Act in important ways, the suggestion deserves attention in America as well.

Indeed, it would be a fine start if Americans could simply begin the sort of rational, thoughtful debate on drug policy that the British seem to be having. If we could manage such a thing, we might start changing illogical and unscientific laws that now lead to more U.S. arrests for marijuana possession than for all violent crimes combined.

The RSA Commission on Illegal Drugs, Communities and Public Policy, was convened by the Royal Society for the Encouragement of Arts, Manufactures and Commerce, a respected think tank with a 250-year history. After two years of research, this panel of experts and laypeople came to a number of conclusions so sensible and so obvious that it's astonishing how consistently our elected leaders have avoided confronting them. In particular:

  • The notion of a drug-free society is "almost certainly a chimera. ... People have always used substances to change the way they see the world and how they feel, and there is every reason to think they always will." Therefore, "[t]he main aim of public policy should be to reduce the amount of harms that drugs cause." A policy based on total prohibition "is bound to fail."
  • The concept of "drugs" should include tobacco and alcohol. "Indeed, in their different ways, alcohol and tobacco cause far more harm than illegal drugs." These substances should be brought into a unified regulatory framework "capable of treating substances according to the harm they cause."
  • The heart of this new regulatory framework must be an index of substance-related harms. "The index should be based on the best available evidence and should be able to be modified in light of new evidence."
  • We need a new way of evaluating the efficacy of drug policies. "In our view, the success of drugs policy should be measured not in terms of the amounts of drugs seized or in the number of dealers imprisoned, but in terms of the amount of harms reduced."

As an example of the sort of harms index they envision, the RSA Commission points to an index developed by a pair of British scientists, David Nutt and Colin Blakemore, and published in a House of Commons report last year.

Based on scientific evaluations of physical harms (e.g., acute and chronic toxicity), likelihood of dependence, and social harms (including damage done to others, health care costs, etc.), Nutt and Blakemore ranked 20 different classes of drugs, both legal and illegal. Not surprisingly, heroin was at the top of the harm scale, followed by cocaine and barbiturates. Alcohol and tobacco were rated as significantly more harmful than marijuana and several other illegal substances.

While not specifically endorsing the Nutt/Blakemore index, the RSA Commission clearly considered these rankings a good example of what they have in mind, using them as a starting point for illustrations of how such an index might translate into law. Marijuana, they wrote, "should continue to be controlled. But its position on the harms index suggests that the form this control takes might have to correspond far more closely with the way in which alcohol and tobacco are regulated."


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See more stories tagged with: drugs, marijuana, legalization, britain, drug law

Bruce Mirken is communications director for the Marijuana Policy Project.


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Don't forget about private prisons
Posted by: Rolomax on Mar 15, 2007 1:25 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Private Prisons and their lobbyists will have something to say about this. They won't like losing something like $35,000 a year for incarcerating part-time marijuana smokers.

I agree that drugs are a problem, but I think the laws are way too draconian.

If we legalize a lot of the illegal drugs out there, then we will get rid of a majority of drug related crime. By legalizing and managing the distribution of drugs, we will be at least 75% closer to winning the "war on drugs", etc..

Seems like a win-win situation to me. Of course, we'll still have a few really bad drugs to keep illegal, like crack cocaine and crystal meth, but it's a start.

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Europe Has Always Been Far More Progressive....
Posted by: Nez46 on Mar 15, 2007 5:24 AM   
Current rating: 5    [1 = poor; 5 = excellent]
in this area than the dunderhead profiteers of the American judicial system. We have reams of hard factual evidence that clearly, unequivocally state drug treatment is far far far more effective than incarceration - and we've had this information for decades - yet we continue to destroy lives with ridiculous felony convictions while exposing simple drug users to violent, demented criminals in prison's general population.
We steal hundreds of billions of dollars from education, which is desperately needed to inform people about the ill effects of drugs, and use that money to try to stop a behavior by force. Sounds Republican, doesn't it (and if memory serves me correctly, wasn't it Reagan who began waging the "war" on drugs?)
I know firsthand the difficulties facing a person who is convicted of a drug crime, and i know all too well the stigma and extreme difficulties it creates on the rest of one's life. I can easily and honestly state that the biggest harm I've ever experienced from drugs was not from the drugs themselves but from the judicial system that tried to get me to stop - to no avail, by the way.
What's most disgusting to me however is the hypocritical idiocy of so many Americans, who allow alcohol to be served on practically every street corner and tobacco to be purchased alongside groceries.
Added to that is the unbelievable power that law enforcement has garnered in forcing legislation for "crime". The prison lobby is exceptionally powerful and growing more so daily and our local law enforcement comes out in force with well funded ad blitzes any time a common sense drug policy makes it to a vote.
Lets hope that this is a wake up call for America.
But i wouldn't hold my breath.....

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» Nixon, actually... Posted by: bassman
I don't
Posted by: JoshuaLudd on Mar 15, 2007 6:27 AM   
Current rating: 5    [1 = poor; 5 = excellent]
I don't see drugs as a problem.

I see a society that engenders chronic and widespread drug abuse.. whether it be pot, coke, heroin, meth, booze, cigarettes, or television... to be the problem.

Yes, people have always used drugs. But look at the drug use (the traditional drug use.. not the drug abuse rampant now that many have been "westernized" or brought into the "modern world") of indigenous societies. It is relatively limited and is most often used for religious purposes. Want to complain about it being harmful to them? You do realize that every vertebrate with an endoskeloton on the planet has absorbed a measure of Strontium 90 due to nuclear weapons testing, right? You do realize how many harmful substances we come into contact with all the time and how many are there SOLELY because of industrialism, right?

People use drugs because people WANT to use drugs. They want to use drugs very often because they want to escape from the world and from their lives.

Why don't we try giving them lives they DON'T constantly want to escape from.

www.greenanarchy.org

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» RE: I don't Posted by: cinattra
» RE: I don't Posted by: JoshuaLudd
» RE: I don't Posted by: GenErik
» RE:Even if you are on drugs Posted by: yolanda
» Escape? Posted by: bassman
Will a New Study Force Changes in Drug Law?
Posted by: mercianomad on Mar 15, 2007 6:32 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
I'm pretty sure we can safely say that the answer to this question is:

NO. NEVER.

You could beat Washington politicos over the head with facts and figures about their folly - as many studies as you like - and they'll still support the drug "war." Just about every thinking person knows what an absolute sham it is, including plenty of otherwise party-line conservatives. It's a politically correct sham though, which is why you'll never see a major party politician so much as bring up the abolition of the drug war in a campaign speech. The topic of whether it's right or wrong doesn't even exist in the MSM.

The drug war is an industry in itself, growing like a tumor, and it's all tied in with new jobs for law enforcement, preserving the current jobs, contractors who build new jails, and a private and very cheap slave industry we are building made up of people imprisoned for "terrible" victimless crimes like growing a couple of pot plants for personal use. Yessir, cheaper even than Mexican migrant workers. We (the US) are the number one jailor in the world, and there's a reason for that. Schlosser's book on all of this, 'Reefer Madness' was excellent.

There are indeed some dangerous and terrible drugs out there, a couple of which are totally legal due to their cultural role in western society folkways.

While the pot-growing stoner is sitting in jail, what kind of justice does a drunk driver get? I mean, it's a very dangerous but legal drug here influencing the driver of a 2-ton metal object at great speed, and drunk drivers get a nice, heavy...

Slap on the wrist: A monetary fine (of course), a night in jail if they're really unlucky, and perhaps a 6-month suspension, then they're back on the road! Woo-hoo! (Unless the drunk is a cop or a relative of one - then it's even easier: "Ok bud, just sleep it off on the side of the road and get home safe in the morning, ok?"). Capitalism in 'Carmerica' can't have people not driving. The horror! One fewer driver on the road - even a reckless maniac soused to the gills - means thousands of dollars lost to the auto/petroleum/insurance/court rackets! Oh no no no! Can't have that!

Craig MacTavish, Edmonton Oilers coach, got one (1) year in jail for KILLING someone while driving drunk, and now he's sittin' in clover coaching in the NHL making plenty of dough, and of course driving again. Meanwhile, you bet your ass that some hippy in San Rafael is going to get hard time for growing a few illegal plants in his closet, whether he intends to sell his grass or not. Some justice system, huh?

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» There may be ONE way... Posted by: grailsnail
Prescription drug abuse
Posted by: cinattra on Mar 15, 2007 6:43 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Medicinal mj has been making some headway in the U.S. Once this drug is more widely accepted and the feds stop their ludicrous lust for raiding the places that sell it and its accessories the stigma will fade away.

It is sad to me that prescription drug abuse seems to be more accepting than mj. People abuse prescription drugs and use the ratioinal that they are legal drugs so they must be okay to (ab)use. Busted on abusing prescription drugs and you go to rehab. Busted on using mj and you go to jail.

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» the ignored epidemic Posted by: thistleblower
» Blame good ol' Rush Posted by: colinmeister
It is Good News, Too Bad Nothing Will Change in America
Posted by: gary_7vn on Mar 15, 2007 8:49 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
I live in Canada where the drug laws are slightly more sane. Marijuana was actually criminalized here in 1927, nine years before it was in the States. We criminalized grass after a woman judge named Emily Murphy wrote a series of articles on the "dangers" of marijuana, she claimed it made "Chinese, Assyrians, Negroes, and Greeks" go crazy and rape white women. (note to America - it doesn't).

This report is wonderful news, sane, rational, et al. Will it make a difference? No, of course not, the drug laws, as most laws are, are all about social control, especially for blacks and other minorities.

Back in 1970, Canada commissioned a similar report called the Ledain Commission Report which recommended the decriminalizing marijuana. Like this report it found little harm in using drugs. And like this report it was ignored; for different reasons in our case, since when Nixon got wind of what we were doing he threatened to nuke us. (not quite, but it would have gotten very ugly, and we Canadians have always been terrified that the American war machine could be turned on us). Nixon used to refer to our Prime Minister Trudeau (who commissioned the report) as "that asshole".

It is not drugs that are the problem, it is the laws against drugs. After the civil war in America, so many soldiers came back addicted to heroin (the syringe and heroin both came into common use at the time) that is was called "the soldiers disease", yet there were few social problems as a result as heroin was cheap, legal and easily available. Contrary to the myth, the biggest problem associated with heroin use is constipation. All the other "problems" are there because of the laws against it (high price, dirty needles, organized crime) not any intrinsic "evil".

Nowadays, we have a nice little Canadian compromise, we keep grass "illegal" so America is happy - but in most places the cops actually spend most of their time chasing real criminals. Every hour spent on chasing down some guy with some dried plants is an hour not spent hunting the real monsters. We already are experimenting with safe injections sites, clean needle programs, and we even distribute crack pipes in some places. BC bud, the best, cleanest, grass in the world, is now the number one cash crop in British Colombia. So there is some hope, just not for America, which from the point of view of most of the world has gone insane, and until it's people are out from under the thumb of the christofascists and the shrub crime family, nothing will change, in fact people (sorry) it's going to get much much much worse.

Alcohol is the most dangerous drug on the planet, bar none! In fact if you see your kid drinking beer, knock it out of his hand immediately and give him a good joint of BC bud.

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It's About Money, Power and Control
Posted by: crescentdave on Mar 15, 2007 9:11 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
The major reason the US persists in this so-called "war on drugs," while ignoring or subsidizing the tobacco and alcohol industries is because it generates tremendous financial returns for the myriad ancillary businesses which profit mightily off such a policy. Many communities, devastated by an economy which wreaks havoc on the middle and lower middle class, absolutely rely on the prisons sited in their districts, the jobs they create and the tax base they support. Less visible but far more lucrative, drug monies enter a community's economic infrastructure and fuel its growth. Miami is a case in point. Finally, as long as criminalization encourages criminals by artificially driving up the price of drugs, law enforcement and the laws themselves become more draconian in response. This really serves a hierarchical, top-down government which benefits from ever-increasing control of a populace it distrusts to support it's self-serving agenda.

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well....
Posted by: EZJ on Mar 15, 2007 9:15 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
BC knocked me on my ass one time.

I wouldn't give it to a kid. lol.

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British laws about MJ
Posted by: syberberg on Mar 15, 2007 9:30 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Aren't as straight forward as you think. Come to think of it, neither is the classification system either.

It is perfectly legal in the UK to buy and sell MJ seeds, hydroponic growing kits, grow lights, "How To..." books and things like bongs. Yet it is illegal to grow or smoke.

If you get busted with anything more than half an ounce, you'll be arrested for possession and, depending upon the County Constabulary, intent to supply.

If you get busted smoking with your mates and you've been sharing a spliff, you'll be charged with possession, intent to supply and dealing. Currently that's a maximum of 14 years in jail. It used to be 5 years for a Class C.

And here's a classic moment of utter hypocrasy (from the Home Office no less):

"What about reports that cannabis smoking leads to lung cancer?

Smoking cannabis presents a real health risk, potentially similar to that of tobacco. Smoked cannabis has a higher concentration of certain carcinogens than smoked tobacco, and it tends to be inhaled more deeply."

Which begs the (rethorical) question "If one of the reasons cannabis is illegal are the health risks, and they're similar to tobacco, why is tobacco still legal?"

As for actually getting the laws changed and at least having MJ decriminalised in the UK...fat bloody chance. A sensible change in the law, like allowing the sale (similar to the current alcohol sale laws) and growing of MJ under licence for recreational use, is equally as unlikely.

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Irrational laws
Posted by: LeeAnnG on Mar 15, 2007 9:39 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Anyone see this bit of news?

***********************************

SAN FRANCISCO (Reuters) - A California woman with an inoperable brain tumor may not smoke marijuana to ease her pain even though California voters have approved its medicinal use, a U.S. appeals court ruled on Wednesday.

In a much-watched test case, the 9th U.S. Circuit Court of Appeals found there is no fundamental right to marijuana for medical purposes. The ruling agreed with a 2005 U.S. Supreme Court decision.

The split three-judge opinion from Judge Harry Pregerson expressed sympathy for some arguments by plaintiff Angel Raich, 41, an Oakland resident whose doctor testified she could die if she stopped smoking pot. But the ruling backed the 1970 federal Controlled Substances Act barring marijuana.

Raich, who suffers from many ailments, says marijuana keeps her alive by easing pain and bolstering appetite.

"Today I found out I am basically a dead man walking," Raich, who once worked as an accountant and massage therapist, told Reuters. "Today the court said I don't have the constitutional right to basically stay alive."

***********************************

So the feds are still not allowing people to use medical marijuana even if it keeps them alive! So much for our pro-life "leaders."

There are so many other substances and lifestyles that damage people so much more, this is insane. The Nation devoted an entire issue to the drug war problems a few years ago, and in spite of my affection for this magazine, I was startled to find that even their writers were apologists for the illegal status of marijuana. One of them stated that he didn't advocate legalization because it "has its consequences."

Gee - marriage can have negative consequences for the thousands of women who find themselves in abusive situations. Many women have died at the hands of their husbands, but there has never been a documented marijuana death. Maybe marriage should be illegal to protect women from the possibility of abuse!

Boxers beat each other into brain damage, and sometimes they even die. Should we make boxing illegal?

Tobacco surely has its consequences, as do alcohol, sugar, coffee, and a multitude of other substances.

Big corporations dump all kinds of chemicals, including known carcinogens into our water and air. Many people die horrible deaths from cancer due to these practices. Oh. Right. I forgot. Big bidnesses create jobs and keep the economy going. Silly me.

The whole drug war is based upon faulty premises, except for one thing. Someone, somewhere, or lots and lots of someones who are already obscenely wealthy and powerful, are getting richer because marijuana is illegal. If the powers-that-be thought for a minute that they would make more money if drugs were legal, it would happen over night.

Until that occurs, expect more of the same. This latest study will have no positive outcome.

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» Hey, why not put her in jail... Posted by: JoshuaLudd
» RE: Irrational laws Posted by: morticia
» RE: Irrational laws Posted by: Lauren
» RE: Irrational laws Posted by: cbcb
It's all about cash
Posted by: Krain61 on Mar 15, 2007 10:07 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
There policy on drugs in the USA will not change!
Just like there policy on Cuba!
It's senceless! You might see them open the doors
to Cuba first and then only if they think another country
might make a profit there first.

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clarification
Posted by: daa4 on Mar 15, 2007 10:50 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Cocaine is a schedule I substance. There are no more medical uses for cocacine. Cocaine used to be a used as a topical anesthetic and compounded in hospital pharmacies. But this is not done anymore.

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» RE: clarification Posted by: colinmeister
» RE: clarification Posted by: rollintruth
» Johnny Carson Posted by: gary_7vn
Hmmm! Drugs and Money
Posted by: tgroarke on Mar 15, 2007 11:18 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Have you ever wondered why, after the 9/11 attacks, that when the US attacked Afghanistan in response, they took out all of the south Afghanistan Taliban, but left the Al Quaeda controlled Tora Bora region alone? Osama was allowed to escape, but the Taliban, who had all but eliminated opium poppy growth in the country were subdued temporarily. Today, Afghanistan has reopened huge amounts of opium poppy fields and supplies 90% of the world's opium and heroin demand. My question; did we go into Afghanistan to get Osama or to reopen the lucrative herion trade? And why is the answer to this question not obvious?

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» RE: Hmmm! Drugs and Money Posted by: Lauren
This is nothing new...
Posted by: Colton on Mar 15, 2007 12:13 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
The British have been experimenting with this for decades, but the big problem is that you can NEVER change the conservative lawmakers minds, no matter what country you reside in to them Drugs will always be BAD.

Back around 1989 the British had decided to take the Regan administrations advice and conduct a "War On Drugs" - they hired more cops, busted down doors, threw more people in jail. So what happened? Simple law of Supply and Demand - reduce the supply and do NOT reduce the demand = less supply = Price and Competition goes through the roof. The price of drugs went up, the competitive violence went up, the crime associated with people needing money to afford the pricey illegal drugs went up, and the more they cracked down the more the drug problem in the U.K. skyrocketed. Sure it was illegal, but for people who couldn't find work, (and during the rein of Margret Thacher it really was couldn't) selling drugs was too lucrative of a prospect, it just paid too well to ignore and it certainly paid enough to justify risking jail time.

British researchers decided to try a test, I saw this reported on "60 Minutes" back around 1990 or so. Small studies were done in certain select regions. Drugs were made FREE and available to people at special clinics. Heroin and Cocaine, pharmaceutical grade, were available to anyone that qualified. Now - it wasn't that you could just line up to get high, you had to PROVE that no matter what you did, you could not kick your habit. No needles were involved, cigarettes (that the patients had to supply themselves) were soaked in the liquid versions of these drugs then smoked by the addicts. Everyone sat back and waited...

Something amazing happened. The drugs were completely free. No more drug violence. The drug dealers had no one to sell to. They didn't have to kill each other in turf battles or murder people who couldn't pay for drugs that they had bought 'on credit'. The addicts themselves did not have to resort to petty theft to feed themselves or robbery to afford more drugs, and crime went down, WAY down.

And then another amazing thing happened. Nearly 80% of the people in the program VOLUNTEERED to have their doses LOWERED after 6 months on the program... Many had saved enough money to get a place to live and decent food, many had started working regular jobs instead of having to resort to instant-payoff jobs like prostitution. Many had taken their lives off the street, and since their addictions no longer ruled every aspect of their existence, they started to live again and began to think of themselves as human beings - not scum that everyone looked down on. They did not WANT to be addicts, and many had used their addiction to anesthetize their sorrow. Many knew that they would never kick the habit, but sadly the program ended before that could be studied.

The programs were canceled when it was found that the drug dealers had moved to adjacent towns where the crime and violence THERE skyrocketed.... and the studies were forced to close because of it.

The only way to handle this is not peaceameal, it CANNOT be done on a state-by-state basis with some states doing it and others saying 'no way', it MUST be implemented on a NATIONAL and FEDERAL level.

Of course, that's never going to happen.

You just can't convince conservative politicians that giving drugs to addicts for FREE will eventually CURE them. Entire police departments are floated on the probation fines they process monthly. Jails produce goods now that do not have to pay inmates a minimum wage. Building more prisons and staffing them has become a BILLION dollar a year industry.

This country will never change - or perhaps in 50 years when the dinosaurs are dead things might turn around for the better, but not before millions more are murdered or jailed in the process.

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» RE: This is nothing new... Posted by: gary_7vn
» RE: This is nothing new... Posted by: Colton
» RE: This is nothing new... Posted by: Colton
» RE: This is nothing new... Posted by: VREmetal
Zero to zip rec value?
Posted by: OpinionsGetOld on Mar 15, 2007 5:05 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
On their own, mayhaps anti-depressants have little recreational drug value, but taken in conjunction with other substances can heighten the effects.

As a manic depressive that has chosen to not take pharmaceuticals, I'll admit to smoking marijuana as I've found it to help even my rapid mood swings out.

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"...if Americans could simply begin the sort of rational..."
Posted by: Mr. Heathen on Mar 15, 2007 7:30 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Heh.
Sorry, you're going to have to trick them. Try cartoons or games.

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Theis stuff is not exactly brand-new
Posted by: fanny666 on Mar 16, 2007 2:05 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Drug War Fact Book (pdf format, worth printing and reading)

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The banning of INDUSTRIAL HEMP and empowering Corporate America is no coincidence.
Posted by: maxpayne on Mar 17, 2007 1:58 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Do a google search on "hemp" and "corporate america" and you'll be surprised.

And let's abolish the DEA and FDA please.

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libertyordeath
Posted by: libertyordeath on Mar 17, 2007 6:52 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
We are so damn constipated that we will never have reasonable drug laws because we are overseen by idiots,by SLAVEMASTERS!They say jump,and we jump!This is OUR AMERICA!,not the slavemasters!Change the laws to have a HEART!Don't imprison!HELP.

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