When I finished working on the main body of The Great Drug War in 1987, I prepared a number of narrative source notes to explain the basis and to provide documentation for statements in the text. For reasons that now escape me, I did not put those notes into the original book. I suspect that I decided that there was enough information in the main body of the text to explain the basis for my statements. Now I wish I had put them in the original book. Space did not permit their insertion into the back of the second edition, which was brought out by Unlimited Publishing LLC in early 2005. That second edition contained the entire original book, plus a new introduction. (For more information, link to www.unlimitedpublishing.com.)
My compromise has been to briefly mention in the introduction to the new printed edition that the notes would be available on my site. Here they are. Both the main body and these notes provide a glimpse into an era that is largely forgotten – the scared world of the war on drugs during the Reagan years – even though it was not so long ago. Both provide lessons for all of us now, in the era of terror.
I decided to present these notes in the form in which they originally were prepared. In some cases, where it seemed most appropriate, I have deleted misleading information, such as an old address of an organization. In a few cases I decided to leave those old addresses on the theory that they might still be helpful.
Those who wish to inquire further on the matters raised in this book may peruse some of my more recent writing, look at other sections of this site and at links to other sites that appear herein, or simply Google a given reference and run down the masses of information that are certain to come pouring out of the Internet as a result of that search.
Moreover, I have decided to treat these notes as an experimental work in progress. Periodically, I will add in direct links or references to more recent events. Each of those more recent items will be dated. I invite readers to suggest to me information on other links or references that should be added to various sections of these source notes in order to bring them more in tune with current events. It will not be possible for me to acknowledge all of the emails but whenever I take the advice of a reader and insert something I will give that person credit. Please accept my thanks in advance for participating in this experiment.
These notes were written in narrative form. I have kept the original style of the text and of the citations, not all of which are consistent. In the event I add any material, I do not plan on following any particular style of citation so long as I make clear the source of the information.
Chapter 1
The Scared Summer of ‘86
It may be difficult to believe now in the terror era that there was widespread fear not to long ago that drugs were destroying an entire generation of American youth and that therefore the very future of the nation hung in the balance. Hardly a newspaper appeared during the summer of 1986 that did not feature a drug story. The citation to the story written by the reporter who called me was Randi Anderson, "Family Honor," The Sun, Baltimore, August 20, 1986, p.B1.
The death rates mentioned in this chapter and throughout the book come from a variety of official sources, which sometime disagree with each other, although not so much as to change the overall picture. For example, I have seen recent official reports that tobacco smoking causes 350,000 deaths per year, primarily from cancer and heart disease, and others to the effect that the number was 380,000. mortality figures from alcohol range from 100,000 to 200,000. among the sources are the following. National Center for Health Statistics, Health.United States.1984. DHHS Publication No. (PHS) 85-1232. (The latest mortality data from the National Center for Health Statistics is the 2003 report and can be found here) Washington, D.C. US Government Printing Office (cited hereafter as GPO), 1984. National Institute on Drug Abuse, Data from the Drug Abuse Warning Network (DAWN), Annual Data, 1985. DHHS Pub. No. (ADM) 86-1469. GPO, 1986. These are periodic publications which are put out regularly by the government. So also is the survey of students performed for NIDA by the Institute for Social Research at the University of Michigan. The latest is Lloyd D. Johnston and others, Drug Use Among American High School Students, college Students, and Other Young Adults, National Trends through 1985. DHHS Pub. No (ADM) 86-1450. GPO, 1986. ( The latest data on student drug use is from 2005 and can be found here )
NIDA also issues frequent brief reports under the rubric "NIDA Capsules," which contained much of the information quoted and often misquoted in the press during the summer of 1986 about deaths due to crack and cocaine. There have been eight surveys of household residents regarding drug use, starting in 1971 under the auspices of the National Commission on Marihuana and Drug Abuse. The latest is National Institute on Drug Abuse, the 1985 National Household Survey on Drug Abuse. GPO, 1986.
The misleading Washington Post story on crack appeared on June 13, 1986, p. A3. The erroneous report of 563 deaths due to cocaine appeared in USA TODAY, July 16, 1986, in the cover story, commencing on pate 1A. I was educated in the chemical and cost realities of crack during the summer of ’86 by Carol Bohack, the staff pharmacist at that unique source of knowledge, the UP Front, Inc., Drug Information Center, Miami, Florida.
That refreshingly frank governmental report on crack was: Office of Intelligence, Special Report; the Crack Situation in the United States. Washington, D.C. Drug Enforcement Administration, August 1986. The typical "crisis" report of the Attorney General was National Drug Enforcement Policy Board, Report to Congress on Crack and Cocaine. Washington, D.C. Department of Justice, September 1986. The new “crisis drug” is now methamphetamine and it appears to be following same pattern as crack, hysteria followed by reassessment. A report from the Justice Department Inspector General Audit Division criticizing federal funding for methamphetamine enforcement as congressional pork can be found here. Background on the report and the hysteria leading up to it from Common Sense for Drug Policy can be found here. For a nice example of hysteria from the Seattle Post-Inteligencer see here, here, and here. For a good discussion of the replaceable nature of the most dangerous addictive drug see Jacob Sullum’s Saying Yes: In Defense of Drug Use.
The segment of 20/20 that dealt with locking up children was entitled "Give Your Child to Us." It appeared in August 21, 1986 and was produced by Bob Lange.
Chapter 2
War Orphan
The quotation preceding the chapter is from Phyllis and David York and Ted Wachtel, TOUGHLOVE. New York. Bantam Books, 1982, p. 12. Since the publication The Great Drug War some of the players have changed but the drug treatment abuse game continues see two excellent updates by Maia Szalavitz here and here. For an interview of the author concerning the Trebach Institute’s 2001 conference on drug treat abuse go here. A second conference was held in
Before the tragic epilogue of the kidnapping of Giuliana Sgrena brought his name into press reports for his efforts at mediation between Rome and Washington, Mel Sembler, US Ambassador to Italy, was virtually unknown in America. But among the few who already knew him, many have been seeking to put him and his wife, Betty, behind bars for years. For seventeen years, the couple founded and ran “Straight, Inc.” a network of group homes for drug addicts, whose severe methods have led to numerous legal and civil suits on the part of ex-patients.
Having grown wealthy as a builder of shopping centers, the seventy-five year old ex-ambassador to Australia and Nauru was a major fundraiser for the Republican Party. While his wife took an important role in the Florida gubernatorial campaigns for the president’s brother, Jeb Bush, Sembler brought tens of millions of dollars of contributions into the two electoral campaigns of George W. His efforts were awarded in 2001 with the nomination to become ambassador to Italy.
In his official biography, the ambassador’s long experience with “Straight, Inc.” is described as a great success story. “During its 17 years of existence, Straight successfully graduated more than 12,000 young people nationwide from its remarkable program,” reads the State Department site. But Wes Fager, a computer scientist who entrusted his fifteen-year-old son to “Straight” in Virginia in 1989, couldn’t agree less. “Approximately 50,000 children passed through those group homes. Many still have mental problems, and over forty have committed suicide. Some of them are among the 12,000 Sembler considers ‘graduated’ drug-free. They are successful graduates, but they’re dead.” Fager has dedicated himself to uncovering the truth about “Straight,” and created the website “The Straights”. After five months at the center, his son was never the same again. “He had nervous breakdowns. I believe Straight greatly contributed to that. One of his therapists told me, ‘Your son might have had problems anyway, but Straight pushed him over the edge’.”
Taking inspiration from theories fashionable at the time and particularly from Chinese methods of thought control, Straight’s philosophy was simple: to cure an addict, you must first destroy his personality and then create a new one. During their stay at Straight homes, the young patients were forbidden to see their parents and were not allowed to leave the center. “No one could get out until they “confessed” their problems in the way Straight wanted,” Fager explains. “Because of this, the ‘cure’ always lasted longer than they said it would when it began. And the costs kept going up. Above the 12,000 dollars a year I paid at the beginning, they kept demanding more money. But they had no expenses: there were no doctors, the centers were basicly empty warehouses, and the children slept and ate in the houses of families outside the center.”
According to dozens of charges brought to court, in Sembler’s centers the patients were beaten, deprived of food, and forced to sit in the same position all day. There are instances of some clients being made to sit in their own feces, urine, and vomit. Some girls were even forced to sit in their own menstrual blood. Older members were encouraged to spit in newer members’ faces, and patients were compelled to recount their most humiliating sexual experiences. Superiors ordered senior patients to abuse the newcomers. “Straight does something very close to psychic homicide,” says Marge Robertson, former head of the local section of the American Civil Liberties Union, speaking about the Cincinnati center. “We’re talking about the same abuses and torture that provoked scandal at Abu Ghraib,” Fager insists, “At the Straight centers, that conduct was the norm.”
Some of the charges of mistreatment lead to convictions and the paying out of large settlements. One after another, the Straight group homes finally closed in 1993. Some of the directors subsequently opened new centers with different names but similar methods, but it was the end of the largest drug rehabilitation program ever founded in the United States, a business that generated almost 100 million dollars. Although its ending was inglorious, Sembler – already nominated ambassador to Australia by Bush père – escaped virtually untouched. Shopping centers built by the Mel Sembler Company continued to sprout up across the United States, especially in Florida. One of them, in Saint Petersburg, was accused of racism by the local Afroamerican community because of the methods used by security guards to target black youths and because, out of 450 employees, only one was black.
For the most part, Sembler is known only to those who have come into contact with his group homes and shopping centers. Except for a brief appearance during the Sgrena affair, he makes little news, just another one of the many US ambassadors throughout the world. But recently he achieved a distinction which earned him an article in the Washington Post, when he bought a stupendous Roman building for the embassy for the expansion of diplomatic offices. The ambassador chose to name the newly-acquired building after himself: the Mel Sembler Building. For the first time in American history, a diplomatic building has been named after a sitting ambassador.
-Alessandro Ursic
The material gathered on the Collins case was massive, with the transcripts of the pretrial depositions and trial testimony alone taking up a 35- inch long shelf in one bookcase. This material was made available to me by Philip J. Hirschkop, with the permission of Fred Collins. The citation of the case is Fred Collins v. Straight, Inc., Civil Action No. 82-1127-A, US District Court for the Eastern District of Virginia (Alexandria Division.) Catherine Sinclair, one of my research assistants at the time, took on much of the burden of gathering materials, locating the jurors, and interviewing them. Paul Shelowitz, my other assistant in the early stages of the work, did extensive research into other aspects of Straight. Both Cathy and Paul visited the Straight facility in Virginia but were unable to arrange visits or interviews for me there. My first extensive taped interview with Fred took place on August 10, 1984. There were many more in the next several months, most not taped, while he was a guest in my house for a few days at a time on numerous visits. On November 10, 1984, Fred sat down at my word processor and wrote for me "a quick chronology of my life" and his own notes on Straight. Phil Hirschkop, David Fudala, and other staff of the law firm continued to provide information at various stages of my research up until the time of publication. My interview with juror Robert Hartzell took place on November 14, 1984, with juror William Watson on November 16. The story of Charles, abducted from New Mexico, was reported by Milo Geyelin in the St. Petersburg Times, October 3, 1983, p. 1-B.
UPDATE: November 17, 2004. A great deal has happened in regard to Straight and to abusive programs like it. I was involved in some aspects of these events. Please see the Treatment Abuse section of this site. Also see www.thestraights.com, a site maintained by Wesley Fager, who is one of the major figures still involved in combating such abusive programs. Some of my current views on the matter may be found in my forthcoming book: DRUG CONTROL IN THE AGE OF TERROR: The Legalization Imperative.
Chapter 3
The Hidden, Happy News about our Young
Peggy Mann’s article, "The Parent War Against Pot," on page 64, appeared originally in the Outlook section of The Washington Post, January 6, 1980, page B-1. There has been a great deal spoken and written by government officials, leading medical authorities, and respected authors detailing the terrible deeds today’s youth commit and the horrible maladies they suffer. The promotional material on TOUGHLOVE mentioned on page 65 was handed to me at the TOUGHLOVE sales booth at a PRIDE convention I attended in Atlanta on April 25 – 27, 1985. Phyllis and David York’s contention on page 65 that "the common denominator is rotten behavior" is in their best-selling book Toughlove, page 12. The story about Phyllis and her teenage years on page 66 appears on pages 30 to 34 of their book. President Reagan’s declaration on page 67 of this book that alcohol and drug abuse are the major contributors to the increasing death rate for Americans between the ages of 15 and 24 is made in 1984 National Strategy for Prevention of Drug Abuse and Trafficking. Washington, D.C. GPO, 1984, page 18.
Marsha Manatt’s claim that Dr. DuPont had been inspiring the parents’ movement with new, true biological facts about drugs on page 67 and 689 and the quotation from DuPont’s Texas speech on page 68 appeared in her book that was funded and distributed by the National Institute on Drug Abuse, Parents, Peers, and Pot II. DHHS Pub. No. 83-1290. Washington, D.C., 1983, page 119. Dr. DuPont’s book discussed on page 68 is Getting Tough on Gateway Drugs. Washington, D.C.: American Psychiatric Press, 1984.
The data on marijuana use in 1979 and 1982, mentioned on pages 68 and 69, is summarized in 1985 National household Survey on Drug Abuse, page 4. The good news on the decreasing death rate for youth aged 15 to 24 on page 69, the rise in life expectancy for children born in 1983 mentioned on page 69, and the declining motor vehicle death rate from 1970 to 1983 on page 70 is reported on pages 51, 53 and 70 of Health, United States, 1984. DHHS Pub. No. (DHS) 85-1232. Washington, D.C., 1984.
The youth suicide rate on page 70 was taken from page 74 of Health, United States, 1984. The figure of 5200 youth suicides given on pages 70 and 71 was reported in the Health section of The Washington Post on June 26, 1985, page 20. The figures given for the number of drug-related youth suicides in 1984, the total of drug-related suicides for all ages in 1984, and the totals for all drug-related deaths – accidental, suicide, and unknown – found on pages 71-72 , are listed on pages 46-51 in Data from the Drug Abuse Warning Network (DAWN, annual Data, 1984. DHHS Pub. No. (ADM) 85-1407. Washington, D.C.: GPO, 1985. the same data for 1985 mentioned on page 72 can be found on page 51-56 of DAWN, Annual Data, 1985. DHHS Pub. No. (ADM) 86-1469. Washington, D.C. GPO, 1986.
The information on the trends of SAT scores on pages 74 and 75 appears in various reports issued by the College Entrance Examination Board. The SAT scores were listed in a newsletter entitled "News from the College Board," released on September 23, 1985. The panel’s conclusion on page 74 regarding the decrease in scores from 1963 to 1977 is summed up on pages 44-48 of On Further Examination. New York, 1977.
The major study of teenage pregnancies in advanced countries by the Alan Guttmacher Institute, discussed on pages 76 and 77, appeared in "Teenage Pregnancies in Developed countries: Determinates and Policy Implications," Family Planning Perspectives. Vol. 17, No. 12. March/April, 1985, pages 53-63.
The quotation by Nancy Reagan on pages 77 and 78 is from the forward to Peggy Mann’s book, Marijuana Alert. New York: McGraw Hill, 1985. Dr. Ian Macdonald’s allegation on page 78 that there was a connection between marijuana use and AIDS was reported in a monthly publication of the Addiction Research Council in Toronto - The Journal, May 1, 1985, page 1. Dr. Carlton Turner’s views on marijuana use and AIDS on page 78 appeared in The Washington Post, October 22, 1986, page C-1.
The Indian Hemp Drugs Commission Report in 1894, mentioned on page 78, is discussed in Edward M. Brecher’s book, Licit and Illicit Drugs. Boston: Little, Brown and Co., 1972, page 451. Other studies of the psychological and physical effects of marijuana are examined on pages 452 to 460 of his book. The National Research Council Report mentioned on page 78 is entitled an Analysis of Marijuana Policy. Washington, D.C.: National Academy Press, 1982. The comparison made by the National Institute on Drug Abuse on page 79 regarding the effects of smoking marijuana and smoking cigarettes can be found in a pamphlet aimed at the general public entitled "For Parents Only: What You Need to Know About Marijuana." DHEW Pub. No. (ADM) 80-909. Washington, D.C.: GPO, 1980, page 12. Dr. Pollin’s statement before a congressional committee in which he cited the famous joint-to-pack comparison, mentioned on page 79, is found in Marihuana Under the Microscope. Vol. 7, No. 1. the Department of Justice. Washington, D.C.: GPO, 1980, page 5.
The drug "mentions" by medical examiners in 1984 that appear on page 80 are listed in DAWN, Annual Data-1984, 1985, page 5. The official estimate that 61,940,000 Americans have used marijuana at least once in their lives was reported in The 1985 Household Survey On Drug Abuse. Washington, D.C.: GPO, 1986, page 5.
The gateway theory has been supported by many drug-war supporters, including Attorney General Edwin Meese, III. His claim on page 82 that this concept has been affirmed appears on page 42 of the 1986 report of the President’s Commission on Organized Crime, America’s Habit: Drug Abuse, Drug Trafficking and Organized Crime. Dr. Dale Beckett’s belief that marijuana acts as a filter rather than a gateway, expressed on page 84 was confirmed by Beckett in a correspondence with me dated October 30, 1981. The statistic on page 84 regarding the increase in drug use by youths from the early 1960’s to 1979 was mentioned on page 111 of Parents, Peers, and Pot II. The gateway theory, which asserts marijuana use leads to the use of harder drugs such as heroin or cocaine has a long and checkered history. Despite the fact that in 1937 the head of the Bureau of Narcotics, Harry J. Anslinger, testified before the House Ways and Means Committee that the theory held no validity it is still in 2006 a staple in the argument for marijuana prohibition see here, here, here, and here. However, convincing arguments that the gateway theory is myth come from John Morgan and Lynn Zimmer here, the Rand Drug Policy Research Center here, the Marijuana Legalization Organization here, BBS News here, and in a NORML report here. The latter account cites the La Guardia Committee Report and the Schaffer Commission Report, Marihuana: A Signal of Misunderstanding the two most extensive investigations of marijuana use in American history.
The statistics on page 85 provided by Surgeon General C. Everett Koop on reported cases of child abuse and neglect were given during a speech to the National Coalition on Television Violence on October 6, 1983.
The homicide rates for black and white children and young adults on page 85 are available in Health, United States, 1984, pages 72 and 73. The statistics for homicide rates in 1984 on page 85 and 86 are available in the F.B.I. Uniform Crime Reports, Crime in the United States, 1984. The U.S. Department of Justice. Washington, D.C.: GPO, 1985, page 10. The figures for suffocation from ingesting toy balloons and swimming related deaths on page 86 were obtained from a 1986 report by the U.S. Consumer Product Safety Commission, "Death Certificate Product Summary Report." The results of an examination of 360 elementary school children and their risk for heart disease, discussed on page 86 and 87, appeared in the Health section of Newsweek on April 1, 1985.
Chapter 4
Do Not Corrupt any More American Youth
Dr. Pollin’s estimate on page 89 that there could be 60 to 100 million cocaine users if the drug laws were relaxed was reported in The New York Times, September 14, 1984, page A-1.
My reporting of Ned’s response on pages 90-94 and Sylvia’s response on pages 94-99 were based on notes, taped interviews, and my personal recollection of many private conversations with these individuals. Both reviewed drafts of their "responses’ for accuracy.
The citation for the British Rolleston Report of 1926 on age 94 is Ministry of Health, Departmental Committee on Morphine and Heroin Addiction, Report. London: His Majesty’s Stationary Office, 1926.
Andrew Weil’s ideas on good and bad drug relationships on page 97 appears in his book Chocolate to Morphine. Boston: Houghton Mifflin Company, 1983, page 27.
The responses of an entire class that are discussed on pages 99-101 were gathered in anonymous questionnaires that were given to undergraduate and graduate students in my classes in the Fall semester of 1984. The approximate pattern of findings I reported in this chapter have been replicated in questionnaires distributed to my students in subsequent semesters.
The Alaskan Experiment grew out of the prosecution of an adult for possession of marijuana. The citation for the case which is mentioned on page 102 is Ravin v. Alaska, 537 P.2d 494 (1975). Another citizen attempted to convince the court to apply the Ravin ruling to cocaine possession in the privacy of the home. This case, discussed on page 102, is Alaska v. Erickson, 574,P.2d (1978). In 1984, the Court of Apeals of Alaska ruled that the 1975 ruling does not apply to the local-option law on alcohol prohibition in Harrison v. Alaska, 687 P.2d 332 (1984).
UPDATE: November 17, 2004. There have been many ups and downs in the campaigns to keep marijuana legal in the privacy of the home in Alaska. In 2004, the Alaskan courts issued decisions generally upholding that right. See Noy v. State, Supreme Court of Alaska, No. S-11357, September 7, 2004. Also, Noy v. State, Court of Appeals of Alaska, 83 P. 3d 545, November 14, 2003.
Dr. Bernard Segal’s study mentioned on page 103 regarding legalization of drugs and its effect on use was conducted at the center for Alcohol and Addiction Studies at the University of Alaska. The study involved surveying students in grades 7-12 in eight locations in the state to obtain information on the use or non-use of a broad range of chemical substances. The suggestion that Alaskan youth are using drugs less compulsively than those in the lower 48 states appears on page 142 of the study report.
Professor Frits Ruter, the Director of the Institute of Criminal Law at the University of Amsterdam, mentioned on page 104, discussed marijuana and the criminal sphere in "Drugs in the Criminal Law in the Netherlands," Criminal Law in Action. Gouda Quint bv-Arnhem, 1986, page 150. The 1983 NIDA statistics on marijuana use on page 105 are summarized in Highlights from Drugs and American High School Students, 1975-1983. DHHS Pub. No. (ADM) 84-1317. Washington, D.C.:GPO, 1984, page 20. The study in Amsterdam discussed on page 105 was conducted by the Foundation for the Scientific Study of Alcohol and Drug Use. The results of the study were released on March 1985 in a report entitled "The Use of Drugs, Alcohol and Tobacco." The statistics mentioned are from Table 3.7 on page 24.
The Rand Corporation’s report on a series of educational programs on pages 106-107 is found in the publication "Rand Checklist, No. 315," March 1984. Dr. Oakley Ray’s book mentioned on page 107 is entitled Drugs, Society, and Human Behavior. 3rd ed. St. Louis: The C.V. Mosby Company, 1983. The quotes regarding drug education appear on page 25 of the book. Dr. Norman Zinberg’s study, reported on page 17, is outlined in Drug, Set, and Setting. New Haven: Yale University Press, 1984.
The acknowledgement and recommendations by Cabinet officials of the Carter Administration on pages 107-108 are given in a book put out by the Drug Abuse Council, The Facts About Drug Abuse. New York: The Free Press, 1980, page 132. President Reagan’s statement regarding "responsible use" on page 108 is in 1984 National Strategy for Drug Abuse and Drug Trafficking Washington, D.C.: GPO, 1984, page 35. Finally, the recommendation on page 108 that no governmental funds should go to programs that counsel responsible drug use or condone illicit drug use in any way is made on page 452 of the 1986 Report of the President’s Commission on Organized Crime.
Chapter 5
The First Lady’s Crusade For Drug-Free Youth
The occasion on which the audience began shouting "We love you, Nancy" to open this chapter was the International Conference on Drugs held at the Georgia World Congress Center in Atlanta. The three-day event which began on April 25, 1985 was presented by National Parents’ Resource Institute for Drug Education, Inc. (PRIDE). These particular statements on page 117 were taken from an article that appeared in the Lifestyle section of The Atlanta Journal, April 26, 1985, page C-1. William Shatner’s inspirational message on page 118-119 was taken from a speech he gave at the conference. The quotes are based on assorted notes I had taken during his speech, which I heard in its entirety.
Mann’s statements about O’Keefe on page 119 can be found in Marijuana Alert. McGraw-Hill Books: New York, 1985, page V. The Reader’s Digest press release, "’Parent Power’ Offers Best Hope Against Drug Epidemic," mentioned on page 119-120, was released on April 23, 1985. Mrs. Reagan’s response on page 121 to a question regarding the fact that her husband’s administration was cutting federal funds for drug abuse treatment programs appeared in The Washington Post, April 25, 1985, page B-1. Dr. Carlton Turner’s statement on the importance of Mrs. Reagan and the reporter’s observation regarding Mrs. Reagan, on page 121, appeared in the same article on page B-16.
The statements on drug control efforts by Dr. Turner on page 122-123 were made during a speech entitled, "We Are Winning the War On Drugs." Dr. Thomas J. Gleaton’s speech on the growth of the parents’ movement on page 123-124 was entitled, "The Internationalization of the Drug Movement." Jean-Michel Cousteau, discussed on page 124, presented the film, "Snowstorm in the Jungle." This film is a Cousteau/Amazon documentary about the cocaine industry in South America. Dr. Marsha Manatt’s speech on the development of the drug culture on page 125 was entitled, "The Glamorization of Drugs." These four individuals made their speeches on April 25, 1985 at the PRIDE conference. The quotes and summaries of the speeches included on these pages were based on my personal notes and recollection, as well as written transcripts of the speeches.
The first book published by Dr. Gabriel G. Nahas, mentioned on page 127, is entitled Marijuana: Deceptive Weed. New York: Raven Press, 1972. The results of the study he conducted at Columbia University, discussed on page 127, were revealed in a press release on January 25, 1974. The citation for the reports of the national Commission on Marijuana and Drug Abuse, mentioned on page 127, is Drug Use in America: Problem in Perspective. Washington, D.C.: GPO, March 1973. The publication by Dr. Nahas aimed at the general public discussed on page 128 is entitled Keep Off the Grass. New York: Pergammon Press, 1979. The journal reviews on page 128 were outlined in a brochure entitled "A Man of Our Time: Gabriel G. Nahas, M.D., Ph.D.," which was available at the White House-PRIDE banquet during the April 1986 conference. Dr. Nahas’ distress, mentioned on page 128, over the December 20, 1984 review by Dr. Andrew Weil, was expressed on page 3 of this brochure.
Also handed out that day was a brochure entitled, "A Drug Policy for Our Times, a Position Paper of PRIDE," the principle author of which was Dr. Nahas. It was presented by Dr. Nahas and Dr. Gleaton at a special press conference that day. Reference to the press conference and the events that followed on pages 128-132 is based on assorted notes I had taken and on my personal recollections.
Time magazine conferred upon Nancy Reagan the distinction of a cover picture on January 14, 1985 with the caption, "WHITE HOUSE CO-STAR – Nancy Reagan’s Growing Role." The stories about the First Lady and her life during her husband’s first year in office, on page 133-134 of this book, were in the Time cover Story on pages 25-31. Her contention that we are in danger of losing our next generation and the story by Marion McClatchy discussed on page 135 were reported in The Washington Post, November 10, 1981, page D-13.
The events that transpired at the birthday party for the Manatt’s daughter on page 135-136 and the eventual development of the parent’s movement and the formation of PRIDE on page 136-138 are described in two books: Marsha Manatt’s Parents, Peers, and Pot II, Chapter 1 – "Parent Power in Georgia: Backyard Roots and Backyard Ramifications," pages 1-26 and Peggy Mann’s book Marijuana Alert, Chapter 22 – "the Parent Movement for Drug Free Youth", pages 411-455. The estimate of the number of local parent groups by Tom Seay, on page 138, appeared in The Drugs and Drug Abuse Education Newsletter, January 1986, page 6.
The claim on page 139 that harm posed by marijuana is based on "credible, biological" research is made on page 15 of Parents, Peers, and Pot II, and the assertion that opposing views should not be presented is on page 76. The argument for a need to relentlessly enforce the criminal law, along with the negative attitude toward civil liberties lawyers, is expressed on page 34. The school principle/superb role model is described on page 14. Finally, criticism for those who advocate teaching children about moderate or responsible drug use is on pages 18-19. Dr. Herbert London’s objection on page 141 to approaching sex and drug education in roughly the same manner was expressed in Harper’s Magazine, December 1985, page 51.
Comments on page 144 by President Reagan and George Schultz at the Bonn meetings were reported in The Washington Post, May 4, 1985, page A-13. The CBS show discussed on Pages 144-145, aired on May 20, 1985 was the Phil Donohue Show.
Finally, Nancy Reagan’s visit with Princess Diana to a drug treatment facility on November 11, 1985, discussed on pages 145-146, was reported in The Washington Post, November 12, 1985.
Chapter 6
The Drug Warriors and Their Impossible Mission
My trip to California, discussed in this chapter, was part of an attempt to see the American drug war with my own eyes and to hear what the major participants, especially the police, had to say about its successes and failures. The events that transpired and the statements and quotes by the numerous people I talked to during this trip that are included in this chapter are based on my personal recollections, notes and tape recorded conversations.
For more information on the Harrison Narcotic Act of 1914 and the Hague Opium Convention of 1912 on page 149-150 see The Heroin Solution. New Haven: Yale University Press, 1982, pages 45-46.
The Nixon victory declaration on page 150 appears in The Heroin Solution, page 18. The Reagan declaration on page 152 was quoted in The Washington Post, June 25, 1982, page A-15. An article on the Anti-Drug Abuse Act of 1986 discussed on page 153 appeared in The Washington Post, October 28, 1987, page A-3.
The quote on page 154 by Humboldt County Sheriff David A. Renner appeared on page 8 of a UPI press release dated October 27, 1983. The statement by William Ruzzamenti on page 154 was on page 7 of the same press release. The following data were reported in C.A.M.P. 1984 Final Report": The figures given on page 154 regarding the fourteen northern California sheriff’s departments and the DEA’s drug law enforcement efforts, the figures on page 155 for the 1984 C.A.M.P. campaign; and the figure on C.A.M.P. raids (1020) on page 160 during the 1983, 1984 and 1985 seasons. A photograph of the "Bud Buster Award" appeared in High Times, September 1985, page 43. The statements by Bill Ruzzamenti on page 156-157 were reported by Ray Raphael in his book Cash Crop. Mendocino, CA: the Ridge Times Press, 1985, pages 104 and 111.
The C.A.M.P. plans for 1985 on page 157 and the claim that officers from 110 agencies are involved in its campaign on page 160 are discussed in C.A.M.P. 1985 Fact Sheet. Barry Inman’s statements on page 159 and John Ridenour’s on page 162 were reported in the San Francisco Chronicle, August 7, 1985, page 6. Of course I talked to both of them and recorded some of those statements myself.
The information on the small plane crash discussed on page 161 was confirmed by Katie Coursant, the public information officer for C.A.M.P., in a phone conversation with Robert Fitton on February 11, 1987. The story on the near miss reported on page 161 was confirmed by Ray Fripiccho, DEA supervisor of air missions, through a phone conversation on February 12, 1987. An article on the incident appeared in The Washington Post, October 31, 1986, page A-8. William Neill’s skepticism on page 162 about controlling "Trinity Counties’ largest crop" was reported in the Trinity Journal, October 23, 1984, page 1.
Mr. Rangel’s response on page 165 to my article appeared in the Justice Quarterly, Vol. 1, No. 2, June 1984.
Edward Koch’s speech, discussed on page 165-166, which included the suggestion that military force be utilized to control drug smuggling planes and that strip searches should be conducted on those entering the country from Mexico or East Asia, was given before the national Press Club in Washington, D.C. on May 24, 1985.
Senator Paula Hawkins’ belief that the President should use whatever resources that are necessary to assist the Columbian government’s drug war efforts mentioned on page 167 was expressed in a letter she wrote to president Reagan dated may 3, 1984. The "Adios, Columbia" editorial discussed on page 167 appeared in the Gainesville Sun, May 11, 1984. The statements by Congressman Charles E. Bennett, a discussion of the Bennett amendment, and Casper Weinberger’s belief that there should be a separation between military and civilian spheres of life, mentioned on page 168-169, appeared in an article in The Washington Post, June 25, 1985, page B-2. Congressman Stewart McKinney’s attempt to rally the support of his colleagues on page 168 occurred on June 25, 1985 – see Congressional Record #4498-99. Mario Biaggi’s support for the amendment on page 168-169 was also expressed on the floor of the House on June 25, 1985 – see Congressional Record #H5004-5.
For a discussion on the career of Harry Anslinger, see The Heroin Solution, pages 160-170. The seminar of journalists at Washington’s Watergate Hotel, on page 172, took place on November `11, 1985. Mr. Cusak’s comments on page 172 about cutting the availability of drugs were taken from assorted notes I had taken throughout the seminar and from an article that appeared in The Washington Times, November 29, 1985, page 1. Refer to The Heroin Solution, page 236, for more information on the interruption of the French-Turkish supply line discussed on page 173. The FBI Crime Index for the Middle Atlantic States in 1971 is reported in Crime in the United States, 1971, 1972, page 62. The 1972 statistics are in Crime in the United States, 1972, 1973 page 62. The figures for 1973 appear in Crime in the United States, 1973, 1974, page 60. Finally the crime rate for 1974 is reported in Crime in the United States, 1974, 1975, page 56.
One of the most cautious and sensible official reports on drug policy in recent years mentioned on page 175 is the Ford Administration’s White Paper on Drug Abuse. Washington, D.C.: GPO, September 1975. It was a report to the President from The Domestic Council Drug Abuse Task Force.
The D.C. heroin seizure mentioned on page 176 was discussed in my article "Peace Without Surrender in the Perpetual Drug War," Justice Quarterly. April 1984, page 132. The cocaine prices given on pages 177-178 and Jack Cusack’s statement on page 178 about the abundance of cocaine in Florida were confirmed in a conversation I had with a DEA librarian on March 10, 1987.
Chapter 7
How the Drug Warriors Invade our Peace and Property
The remarks by the U.S. Attorney for the Southern District of New York, Rudolph w. Giuliani, which open this chapter, on page 179, were made at a small forum held at the University Club in New York City. I was one of the participants and of course heard him make them. The event was cosponsored by Harper’s Magazine and the Manhattan institute for Policy research. An edited transcript on the Forum appears in the December 1985 issue of Harper’s Magazine, page 40. It was one of the cover stories.
The drastic increase in prison population to 528,945 during the Reagan years, on page 180-181, was reported in a Department of Justice news release on Sunday September 14, 1987.
Mr. Giuliani’s statement on page 182 about marijuana use and its relationship to heroin use appeared in a book by Steve Chapple, Outlaws in Babylon. New York: Pocket Books, 1984, page 235. Mr. Giuliani’s claim on page 182 of this book that most heroin users start their drug habits with marijuana appeared on page 98 of Chapple’s book.
The journalism conference on pages 182-183 in which Julius Duscha asked Steven Trott why no E.F. Hutton official was sent to jail was the same conference discussed in chapter 6 held at the Watergate Hotel on November 11, 1985. The statements by Trott and the discussion of his speech on pages 182-184 were taken from notes I wrote throughout the conference.
In an address to the National Press Club, Edwin Meese claimed there are no neutrals in the war on drugs. This speech on page 184 was covered in The Washington Post, March 21, 1985, page A-4. Howard Weitzman’s statement on page 185 about paranoia among criminal defense lawyers was made at a NORML convention on May 17, 1985. An article on Edwin Meese’s appearance before the U.S. Chamber of Commerce mentioned on page 185 appeared in The Washington Post, October 30, 1986, page A-5.
The Comprehensive Crime Control Act of 1984 (P.L. 98-473), discussed on pages 186-187, was passed on October 7, 1984. Bill Ruzzamenti’s statement on page 188 about land seizures was reported on page 105 of Cash Crop. Five days after this law was enacted, a C.A.M.P. strike force helicoptered to the 208 acre ranch owned by a Mendocino county couple. This raid on page 188-189 was covered in High Times, August 1985, pages 35-36. The statements on page 189 by Assistant U.S. Attorney Peter Robinson appeared in an article in the Oregonian, September 28, 1986.
Ron Sinoway’s response on page 191 regarding nirvana and violence was given at the May 17, 1985 NORML convention. Mel Pearson’s claim on page 191-192 that there is more violence in Oakland and that he feels safer in Northern California was made during a conversation I had with him in August 1985. The statements on page 192-195 by Michael Koepf were made during a tape-recorded conversation I had with him on the day of the raid, August 6, 1985.
The stories on pages 195 to 205 regarding life under the helicopters and life under the guns were related in official declarations by the individuals mentioned. The case was NORML v. Mullen. No. 83-4037-RPA. United States District Court, Northern District of California. The plaintiffs in this case were seeking an injunction and money damages as a result of C.A.M.P. operations. Official Declarations by Charles Keyes (p. 195-196), Marilyn Beckwith (p. 196-197), Allison Osborn (p. 197-198), Hal Friedberg (p. 198), Katherin Bauer (p. 199-200), the Rolichecks (p. 201-204), the Millers (p. 209), David Hill (p. 209- 210) and Rick Thorngate (p. 209-210) were presented in the case as personal testimony from those who have directly experienced C.A.M.P.’s drug eradication efforts.
The citation for the case on page 196 involving ‘open fields’ is Oliver v. the United States. 104 S. Ct. 1735 L. Ed 2nd 214 (1984). The power of the police search for drugs was expanded and the rights of all citizens were diminished in California v. Ciraolo. 106 S. Ct. 1809 (1984).
I was able to visit the Rolichecks on August 4, 1985, from which the information on pages 201-205 was gathered. The official report on the Rolicheck incident was entitled the Six Rivers National Forest Investigative Report, prepared in September 1984. The information on pages 202-204 was taken from this report.
The events on pages 208-210 that occurred on July 16, 1985 in which a search warrant was issued for six marijuana plants, leading to twelve people being involuntarily detained, was reported in articles in the San Francisco Examiner, August 4, 1985, page b-1 and in Redwood Record, July 25, 1985, page 1. I visited the area and tape recorded the conversations that were quoted on pages 208-210.
The July 25, 1985 C.A.M.P. raid discussed on page 211 was reported in the Redwood Record, August 1, 1985, page1. The August 1985 report of a raid in Vermont on pages 211-212 was reported in The New York Times, September 22, 1985, page 55.
Growers and local citizens began talking of violent reaction to the drug warriors and began acting on that talk. The shootings on page 212 in the Hoopa Indian Reservation and at Willowcreek were reported in a Santa Anne newspaper, The Press Democrat, August 8, 1985. Gary Rolicheck’s encounter with a police officer on page 213 was related to the court in the official declaration cited earlier.
Chapter 8
The Coming of the Body Invaders
The information for pages 214-220 which concerns the case U.S. v. Montoya De Hernandez was taken from the Supreme Court decision handed down July 1, 1985 (105 S. Ct. 3304). I am now aware of the fact that the defendant should have been referred to in some instances as "Ms. Montoya de Hernandez" instead of as "Ms. De Hernandez." However, the Supreme Court used the former designation and so I decided not to make the change in my text.
The Katz case mentioned on page 217 was decided in 1967. In this same section on search and seizure, the case of Rochin v. California was decided by the Supreme Court on January 2, 1952 (342 U.S. 165). In the original text of the Court’s decision, the word "morphine" was used. Here, on page 218, first paragraph, line 10, it appears as "heroin". I decided to leave the word "heroin" in, since heroin is metabolized into morphine upon entering the body. For examples of the intrusive types of searches described on page 218, see Breithaupt v. Abram, Warden, (352 U.S. 432) or Schmerber v. California (384 U.S. 757).
As mentioned on page 219-220, Justice Brennan’s dissent in the Montoya case was also written up in the Sun, on July 2, 1985, page 2, in an article entitled "Drug Agents Given Power to Hold Suspects."
The case of Doe v. Renfrow, covered on pages 221-224, can be found in 451 U.S. 1022 and 475 F. Supp. 1012. The "mature woman of my acquaintance" who voiced her rather strong opinion concerning the intrusiveness of the search in Doe was my wife, Marj Rosner. To my knowledge, she has never acted out that sense of outrage, ever.
New Jersey v. TLO, described on pages 224-225, can be found in 94 NJ 331 and is also cited in Law Week as 53 LW 4083. An example of the type of school policy mentioned on page 225 would be the Marlboro, New Jersey Township’s board of Education Policy which if accepted as proposed, would permit strip searches of pupils. The ACLU’s reaction to the introduction of this policy in 1986 is reported in the Asbury Park Press of May 9, 1986, page A1 in an article by Janet Gardner entitled "Officials Question Pupil Search Rule."
As quoted on page 229, the article entitled "Screening Tests for Recent Marijuana use," by Richard H. Schwartz (who is the Medical Director of Straight, Inc., Greater Washington) was printed in the "National Federation of Parents for Drug-Free Youth’s National Legislative Update," part of their national newsletter for January, 1986. The U-Care Kit also mentioned on page 229 was described by Reporter Gary Reals during a television newscast on November 16, 1983 on WJLA channel 7 in Washington, D.C. I was also interviewed in the studio and offered my comments on the air, calling this test "a cheap commercial attempt to take advantage of hysteria."
The history of the NORML petition described on page 230 was relayed personally to me by Kevin Zeese, then Director of NORML. Also on page 230, the school policy quoted is officially entitled "Carlstadt-East Rutherford Board of Education, NJ policy Number 514`1.3 Comprehensive Medical Exam".
The Syva promotional literature concerning the accuracy of its urine tests on page 231 was quoted in the June 24, 1985 edition of the Boston Globe on page 1. The estimate of 5,000,000 people who now must take urine tests in connection with their jobs given on page 232 was obtained from the National Organization for the Reform of Marijuana Laws. It appeared in the April/June issue of their publication, The Leaflet (vol. 13, Nos. 1 and 2) and on page 1.
The material on pages 233 and 234 that deals with the experiences of Casey Tribilo was relayed personally in a letter to me from Mr. Tribilo on July 9, 1986. Dr. Mike McBay’s feelings about the uses of his test today as described on page 234 were expressed in an article entitled "Test’s Abuses Leave Creator With Regrets," which appeared in the Ft. Lauderdale News and Sun-Sentinel on Sunday, December 19, 1982, page 13A. The issue of Clinical Chemistry News in which Dr. McBay also appears was published in December of 1983. Dr. McBay also personally contributed to the information on page 235 via a letter to me of June 16, 1986 in which he asserted "adequate confirmation is mandatory." Finally on page 235, the quote by Dr. Thomas Regent was also taken from the December 1983 issue of Clinical Chemistry News.
The number 250,000, which appears on page 236 as an estimate of the number of people whose jobs are jeopardized by inaccurate urine test results, is my own estimate, taken from a conjecture on my part that a 5% false positive rate would jeopardize the jobs of 5% of our 2.5 million federal work force. Michael Peat’s statement from that same page also appeared in the May 1982 issue of Clinical Chemistry News.
Dr. DuPont’s statement was taken from the transcript of the "Today Show" of Friday May 28, 1982. Likewise, the rest of the statements on pages 236 and 37 come from the transcript of the "CBS Evening News with Dan Rather" of July 16, 1985.
On pages 237 and 238, F. Don Miller was also quoted in The Washington Post of May 8, 1985 on page D1. Peter Uberroth’s beliefs as stated on page 238 were presented in The New York Times of September 29, 1985 on page A31. The National Football League’s testing policy mentioned on page 239 was written up in The New York Times of October 28, 1986.
As mentioned above, Dr. McBay provided the information on page 240 to me in a letter dated June 16, 1986. He also conversed with me via telephone and reviewed part of the original manuscript of the book, checking it for accuracy.
The numbers contained in the second paragraph on page 241 concerning the SAC’s urinalysis sweep appeared in the "Drugs and Drug Abuse Education Newsletter" of January, 1982 on pages 2 and 3. The claim on page 243 that there had been no false positives in urine tests appeared in an article entitled "97% Error rate Found on Positive Urine Tests," in the Army Times of April 24, 1984 on page 1. The information on page 243 to the contrary also appeared in the Army Times in an article entitled "Ex-Chief cites 3-5% False Positives at Drug Lat" on March 26, 1984 on page 3. The case of the doctor who made the mistake of liking poppy seed bagels on page 243 was written up in the Los Angeles Times of September 9, 1984 on page 1 in an article entitled "Drug Test Wronged Him."
The former infantry soldier mentioned on page 243 was a student of mine at the American University during the Fall Semester of 1985. The personal accounts of servicemen who had been wronged by false positives on their urine tests on pages 243 and 244 come from letters received by NORML.
On page 244, the estimation that the majority of soldiers were forcibly discharged from the military on the basis of questionable drug test results appeared in the Los Angeles Times on September 9, 1984. Also on that page, the claims made by the Navy concerning drops in drug abuse due to the implementation of testing policies appeared in the Navy Times of September 12, 1983 and were updated in 1985 in an article in the Navy Times which featured tables of the results of a "1985 Worldwide Survey."
The case of Fred Calkins, discussed on page 246, was described in a letter sent to NORML dated September 2, 1983 by SP/4 Carl D. Bell. Other information concerning Calkins’ case was obtained through a phone conversation of March 25, 1987 between Lt. John Harrison and me from the Admiralty office of the Judge Advocate General who was handling the case.
The information on pages 246 and 247 comes from a press conference transcript. These statements made by Dr. William Mayer were part of a Department of Defense News Briefing given on April 5, 1986.
The historical anecdote on page 248 was taken from the World Book Encyclopedia, Volume 8, 1968, page 306.
The report which made the recommendations relayed on page 249 is officially entitled, President’s Commission on Organized Crime Report to the President and the Attorney General: America’s Habit: Drug Abuse, Drug Trafficking and Organized Crime 1986, available through the GPO, Washington, D.C. The information used here is taken from pages 454-456.
The antics of Rodney Smith, which appear on pages 249 and 250, were covered in an article in The Washington Post of March 19, 1986 on page A17 in an article entitled "Advocate of Urinalysis Gets Testy at Hill Session."
Chapter 9
The Sacrifice of Our Sick – by Denying Legal Medicines
Dolores Koppinger’s story, which is related on pages 253-259, was pieced together from a number of sources. These include the official report of the Coroner of Sacramento County, a public statement released following her death by Mrs. Koppinger’s family, and a letter written by Dolores’ daughter Paulette Haddox. "Dr. Harvey Rose also communicated his personal recollections of the events preceding Mrs. Koppinger's death, as well as his personal experiences with the BMQA, which are related on pages 259-266, in numerous communications to me, including for example a long telephone conversation on July 23, 1986 and in an extensive dictated memorandum on January 18, 1987 which reponded to questions I had asked."
A 1985 family Christmas mailer from the Rose family to mine also gave some of the details of the outcome of Dr. Rose’s case, including Rose’s quote on page 266 indicating that patients in chronic pain are better off in England. In addition, Dr. Rose’s friend and colleague, Dolly Millhone, reviewed the manuscript of the chapter on Dr. Rose and offered her comments and criticisms in a personal letter to Rose dated May 13, 1986.
The information on the drug Darvon, cited on page 255, comes from an official release by the Eli Lilly pharmaceutical company dated November 21, 1978 entitled, "Summary: Darvon Background Information." It was not until one year later that reports such as the one cited on page 255 from the FDA Consumer of March 1979 entitled "Caution: Darvon Subject to Misuse", began to appear. Summary of the HRG’s unsuccessful attempt to ban Darvon, related on pages 255-256, as well as the official decision in the action can be found in the Federal Register of January 21, 1980, Vol. 45, No. 14. Finally, a recent article in the journal Medical Economics dated November 12, 1986 which is entitled "Patients in Pain Can Put You in Jail" (pages 198-206), gives an excellent summary of the Rose case and the actions of the BMQA.
The story of Charles Grooms was also relayed personally to me via letters and telephone conversations with Dr. Rose. In addition, my assistant, Robert Fitton, spoke personally with Pat Hendrickson, a second Vice President at Commerce Clearing House, who said he knew Grooms personally and that his statements about working for Commerce Clearing House had been true. In fact, Hendrickson called Grooms a "top salesman" during the conversation which took place on March 11, 1987.
A summary of the history of Britain’s treatment of patients in chronic pain and its official policy decisions concerning the proper practice of medicine in such cases can be found in my book, The Heroin Solution (New Haven, CT: Yale Press, 1982). In particular, the Rolleston Report of 1926, which is mentioned here on pages 267 and 268, is covered on pages 94-96 of The Heroin Solution, and the Report of the first Brain Committee in 1961 with its list of patients remarkably similar to those under Dr. Rose’s care, which appears here on pages 268 and 269, is cited on pages 104-106. Copies of the official reports are on file at the Drugs Branch, Home Office, London, England.
The figure of 0.1% of addiction due to medical prescribing from page 270 appeared in the New England Journal of Medicine of January 14, 1982 on page 99 in an article entitled "the Quality of Mercy."
The story of Dr. Robert G. Twycross and his experiences with cancer patients in chronic pain mentioned on page 271 appears in greater detail in The Heroin Solution on pages 69-75.
As stated on page 271, the story of Milton Polansky came to my attention via Polansky himself. In addition to my personal contact with him, the events related on pages 271-278 were taken from Polansky’s official death certificate, phone conversations between myself and Polansky’s physician, Dr. Rubin, on April 19, 1986 and June 6, 1986, and Dr. Rubin’s handwritten case notes on Polansky and the progression of his illnesses. Two key pieces of information in the Polansky case include a letter dated December 30, 1982 to Dr. Rubin from Stephen A. Hirsch, Chairman of the Committee on Drugs in Maryland which stated "our very strong advice to you is that you do not prescribe any controlled substances for Mr. Polansky." Second, a note from Dr. Rubin Dated March 15, 1983 stated that in his professional opinion, Polansky should have been hospitalized due to his many physical ailments.
UPDATE: November 17, 2004. I had numerous contacts with the people involved in the Polansky case after this book appeared. Among the most dramatic were communications from the daughter of Milton, Lisa Polansky, who confirmed all of the major facts that I related in this book. I feared that she would be insulted because I had revealed so many personal matters about her father. However, in a long letter to me, dated November 29, 1989, she wrote, "I think you were very honest in your portrayal of my Dad. It was painful to read but overall I’d say my father’s life was redeemed in this writing." The entire letter may be found in Arnold S. Trebach and Kevin B. Zeese, Editors, Drug Prohibition and the Conscience of Nations. Washington, D.C.: Drug Policy Foundation, 1990, pp. 113-115.
Kenny Freeman, whose story appears on pages 278-286, was, like Polansky, in close personal contact with me during the time in which the book was written. His first letter to me arrived from Tel Aviv on February 14, 1984. We also conversed via telephone on December 22, 1985 and on January 15, 1986. Freeman personally reviewed the section of the manuscript which pertained to his experiences with drug use and verified its accuracy. In addition, Kenny and his wife, Caroline, paid a visit to my home on February 25, 1986 and further conversation ensued in a letter from Freeman to me dated April 17, 1986.
The events detailed on pages 286-288 concerning Joseph A. Califano’s report to the governor of New York can be found in his book, Drug Abuse and Alcoholism, published by Warner Books in 1982. His numerical estimates of the number of addicts in New York City appear on page 51, while his experiences with street addicts are detailed on pages 28 and 29.
Chapter 10
The Sacrifice of Our Sick – by Banning Hated Drugs in Medicine
Again, Califano’s observations of the street scene in New York City, quoted on page 290, appear in his book Drug Abuse and Alcoholism beginning on page 28.
The story of my decision to investigate heroin in order to obtain the facts
about its medical value and the difficulties I encountered in doing so are detailed in The Heroin Solution, specifically in Chapter 4. The ingredients of the Brompton’s Cocktail as used in Britain for pain relief appear in The Heroin Solution on page 31.
The estimates of the size of the black market in the U.S. for heroin and how much of this amount would be required to treat patients in intractable pain per year are my own. They are the result of a combined estimate of the amount of heroin needed to treat terminal patients in pain per year and estimates of the amount of heroin imported into the U.S. each year. My estimates have appeared in print elsewhere; they can be found in the text of my testimony before the U.S. House of Representatives concerning the Compassionate Pain Relief Act (cited below), and in the May 1, 1984 edition of the Canadian newspaper, The Journal in an article entitled "Heroin and Pain Relief."
The activities of the National Committee on the Treatment of Intractable Pain are, of course, my personal recollections. However, official documentation of the events described on pages 293-297 can be found in a volume entitled "Hearings Before the Subcommittee on Health and the Environment of the Committee on Energy and the Committee of the House of Representatives", 98th Congress, 1984. The debate on the Compassionate Pain Relief Act occurred on March 4, 1984 and appears in the section of this volume entitled "Health and the Environment Miscellaneous – Part 2" pages 437-652. The introduction of the Compassionate Pain Relief Act into Congress occurred on September 19, 1984 and is documented in the Congressional Record of that date (Vol. 30, No. 118) beginning on page H 9760.
Kathleen Foley’s report, which she wrote with Russel K. Portenoy, that is referenced on page 296, appeared in the 1986 edition of the journal Pain. Its official title was "Chronic Use of Opioid Analgesics in Non-Malignant Pain: Report of 38 Cases."
The article in Common Cause, mentioned on page 298, appeared in the November/December issue beginning on page 37 and was entitled "Heroin in Hospitals." This article contains the statements of Hamilton Fish, Jr., Charles Rangel and Henry Waxman that are quoted in this section, as well as those of a wide range of experts on the issue of pain. In addition, an article entitled "House Refuses to Let the Dying Use Heroin," which appeared in the September 20, 1984 Washington Post presented the statements of Fish and Waxman concerning the Compassionate Pain Relief Act.
Much of the information on "The Surprising Canadians" which appears on pages 299-302 was provided to me during my visits to Canada by a citizen’s group called the Concerned Citizens Drug Study and Educational Society of Vancouver. In addition, I first began to chronicle the actions concerning official policy toward drugs in Canada in an article in "The Canadian’s Journal" on April 6, 1984.
Articles covering the debate of the CMA over the use of heroin in medicine which culminated in the amendment formally reintroducing this drug into Canada’s pharmacopoeia include Lon Appleby’s "The Big Fix," which appeared in the November 1985 edition of Saturday Night and an article entitled "CMA Backs Heroin for Death Cases," which appeared in The Medical Post of September 4, 1984 on page 6. The official text of the Amendment to the Narcotic Control Regulations can be found in the Canada Gazette, Part II, Vol. 119, No. 20, pages 4108-4111 dated February 10, 1985. I originally received a copy of the Amendment from Dr. William Ghent.
As quoted on page 302, I heard John Lawn’s remarks at a journalist’s conference at the Watergate Hotel in Washington, D.C. on November 13, 1985. As for the British side of the story, the numbers concerning rates of addiction in that country (p. 302-307) were verified for me personally by H.B. Spear, who is the former head of the Drugs Branch of the Home Office, in a personal letter dated January 6, 1987.
The information contained on pages 307-308 concerning marijuana’s medical applications can be found in Dr. Tod Mikuriya’s book Marijuana: Medical Papers 1939-1972. The book was published in Oakland, CA by Medi-Comp Press in 1973 and remains a definitive text on the subject.
Robert Randall, whose story appears on pages 308-324, is an outspoken expert on the subject of marijuana’s medical application for glaucoma. He is president of Alliance for Cannabis Therapeutics and has spoken to me personally on a number of occasions to contribute the details of his court battles to obtain his medicine to this book. A formal interview between the two of us took place on April 22, 1985. The case U.S. v. Randall decided in D.C. Superior Court in 1986 is cited in the Washington Daily Law Reporter, vol. 104, No. 250, beginning on page 2249 and dated December 289, 1986. Mr. Randall also related the story of Lynn Pierson to me (pp. 320-322) during our conversation on April 22, 1985. Peggy Mann’s book Marijuana Alert, which is referenced on pages 319 and 320 was published in New York by McGraw-Hill in 1985. Her opinion of Mr. Randall appears on page 254.
UPDATE: November 18, 2004. Sadly, Robert Randall died in early June 2001.
It was during a personal telephone conversation that I was assured by Dr. Edward Tocus that many glaucoma patients are currently receiving FDA-approved marijuana cigarettes as treatment for their condition. As I stated on page 323, I still have yet to find one besides Bob Randall.
The text of Rep. Stewart McKinney’s bill, referenced on page 323, can be found in the March 23, 1983 edition of the Congressional Record. Entitled "The Therapeutic Use of Marijuana," it appears on pages E 1280-1281.
As stated on page 324, Joseph Hutchins and his battle with scleroderma first came to my attention through Bob Randall. Hutchins personally reviewed this section of the book’s original manuscript. He also related some of the details of his attempts to prove marijuana’s effectiveness in treating his condition in a personal letter to me dated May 6, 1986.
In addition, Hutchins’ attorney, Richard B. Mordica, Esq. wrote me on behalf of his client on May 10, 1986 to convey his responses to the manuscript I had sent to him for review. In this letter, he made several additions which now appear in the book, including his belief that Joe was punished with a more severe sentence simply because he exercised his right to request a jury trial.
The article which appeared in the Newburyport Daily News reporting Hutchins’ arrest ran on November 11, 1984 and was entitled "Alleged Dealer: Seized pot Medicinal." Perhaps most importantly in this case, the June 25, 1985 statement of Hutchins’ physician, Dr. John G. Sullivan contained his belief that there was indeed "sufficient basis" to conduct a scientific and medical investigation into the possible use of marijuana to treat the disease of scleroderma. Unfortunately, this has yet to occur.
Chapter 11
The Sacrifice of Our Police
Barry Leibowitz, the former federal prosecutor who does not view himself as a victim of the drug war, was interviewed by me on July 24, 1985 to confirm the details of his experiences with Linwood Gray that appear on pages 329-331.
The Book The Underground Empire, Where Crime and Governments Embrace, by James Hills is the subject of pages 331-335, was published by the Doubleday Company in 1986. It was first touted in a review in The New York Times on June 16, 1986 on page C15. However, the review which sparked the controversy over the book’s accuracy appeared in The Los Angeles Times of October 2, 1986 in a front page article by David Johnson entitled "Credibility of Drug Book Challenged." As referenced on page 334, the controversy over the book continued with an article in the December 1986 issue of Reason magazine by Dale Gieringer entitled "Inside the DEA," on pages 23-25.
Turning to the issue of police killed while fighting the drug war, I consulted the FBI’s Uniform Crime Report, Crime in the United States, 1985 (updated annually and obtainable through the GPO in Washington, D.C.). Contained therein are several pages of tabular statistics including Table 11, "Law Enforcement Officers Feloniously Killed, 1974-1985." Also addressed in the section on pages 335-338, the deaths of Ariel Rios and others were announced in the January 1983 edition of the "federal Law Enforcement Officers Association Newsletter" in a piece titled "Mourn 5 special Agents Killed in Line of Duty," on page 1.
The books Serpico and Prince of the City which I frequently use to acquaint college students with the problem of corruption and the enforcement of drug laws were both first published in the 1970’s. Serpico, by Peter Maas was published in New York by Viking Press in 1973, and Prince of the City by Robert Daley was also published in New York by Berkley Books in 1978. The story of Sante Bario which appears on pages 342-344 was chronicled in the September 1985 edition of the magazine High Times by Donald Goldberg in an article entitled "the Narc Who Knew Too Much," on pages 35-37. The NORML report on official corruption in the U.S. is a yearly project of that organization and can be obtained through their national headquarters.
Dan Mitrone’s involvement in corrupt activities and indeed the activities of the entire Miami force mentioned on pages 343-344 was covered in detail in an article in the March 15, 1985 edition of the Miami News by Dan Christensen entitled "2 More FBI Agents Subjects of Miami Drug Scandal Probe." William C. Hendricks provided confirmation of his quote on page 344 during a personal phone conversation with my assistant, Robert Fitton, on March 25, 1987.
The information on pages 345 and 346 comes primarily from an article written for the Drug Law Report by Kevin B. Zeese, Esq., entitled "Drug-Related Corruption of Public Officials." It appeared in the March/April 1986 issue of the report, Vol. 1, No. 20. Gerald M. Caplan was also quoted in The Washington Post of June 18, 1981 on page A19 in an article entitled "More Drugs, Less Crime."
The arrest of Officer Bobby Walker and his allegations that drug use among officers of the D.C. Police Department was reported by Judith Valente in The Washington Post on May 28, 1983 on page B1 in an article called "Police Drug use Called Widespread." Walker’s allegations may indeed be confirmed by recently instigated FBI investigations of the D.C. Police Department. In the 4th Police District of the District of Columbia, 300-400 drug cases had to be dropped as a result of investigations that turned up the practice of stealing drugs and money by officers making drug arrests (see The Washington Post, September 19, 1987, "All Drug Cases of Probed Unit to be Dropped," by Elsa Walsh, p. A12).
Dr. Michael Girodo confirmed the details of his 1984 report convered on pages 346 and 347 in a February 6, 1987 telephone conversation with Robert Fitton. He also stated that he has seen an increase in the number of patients suffering adverse psychological symptoms of stress related to police undercover work in recent years.
As for "The South Florida Syndrome" of corrupt police officers diagnosed on page 348, the article entitled "How Many Cops Have Gone Bad?" ran in the December 1, 1985 issue of the Miami Herald.
Chapter 12
Escaping the War Trap
The official citation of the report that validates the current administration’s drug war reads President’s Commission on Organized Crime Report to the President and the Attorney General: America’s Habit: Drug Abuse, Drug trafficking and Organized Crime, 1986. It can be obtained from the Superintendent of Documents, U.S. GPO, Washington, D. C. 20001.
Chapter 13
A Bundle of Peaceful Compromises
Peter Passell’s review of The Heroin Solution quoted on page 354 appeared in The New York Times on November 19, 1982 on page B34.
UPDATE: November 17, 2004. I have long viewed the idea of recruiting the enforcers as reformers, explained on pages 355-357, as a practical and effective step. Now, many years later, it is encouraging to take note of the great progress being made by LEAP, Law Enforcement Against Prohibition, an organization composed primarily of retired law enforcement officers who actively oppose the drug war and prohibition. The organization was founded by Jack Cole and Peter Christ, two retired police officers, in 2002. http://www.leap.cc
My suggestion that patients who are being deprived of beneficial medicines by current drug laws on page 358 make "a fuss" that cannot be ignored is exemplified by Bob Randall’s activities as President of the Alliance for Cannabis Therapeutics. As detailed on page 360, Kevin Zeese and myself are currently serving as co-counsel in a suit entitled NORML v. DEA that seeks to place marijuana into Schedule II of the Controlled Substances Act of 1970, thereby recognizing this drug’s legitimate medical uses. Ann Guttentag, quoted on page 358 is another example of a warrior in the fight for medicine. Her story appeared in the Philadelphia Inquirer on November 23, 1980 on page A15 in a column entitled "THC for Cancer Victims: It’s Not Pot."
UPDATE: November 18, 2004. Like so many topics discussed here, an immense amount of activity has taken place on the medical marijuana front since this book was originally written. Some of this activity is mentioned in my forthcoming book DRUG CONTROL IN THE AGE OF TERROR: The Legalization Imperative. More of this activity can be discovered by simply putting the words "medical marijuana" in Google or any other major search engine on the Internet. Here I will simply mention the outcome of the case discussed in the text. To our amazement, we won an outstanding victory when Judge Young issued his decision in September 1998. He upheld most of our case and recommended that marijuana be made available in medicine. In the Matter of Marijuana Rescheduling Petition, Docket No. 86-22, Sept. 6, 1988. The full text of his opinion may be found in Arnold S. Trebach and Kevin B. Zeese, Drug Policy 1989-1990: A Reformer’s Catalogue. Washington, D.C.: The Drug Policy Foundation, pages 324-358. The victory was short-lived. In one of the most uncivilized judicial, or in this case, quasi-judicial opinions we lawyers (Kevin and I) had ever seen, DEA Administrator John C. Lawn overturned the solidly grounded opinion of his Chief Administrative Law Judge on December 19, 1989 and refused to allow the use of marijuana in medicine. Major sections of that embarrassing opinion may be found in Trebach and Zeese, Drug Prohibition and the Conscience of Nations, pages 97- 102.
MAMA. Mothers Against Misuse and Abuse, described on page 362, is indeed a model of rational community action against drug misuse by youths. This organization was also profiled in the March 1, 1982 edition of The Wall Street Journal.
Reverend Terrence Tanner, whose compassionate yet realistic approach to the treatment of addiction is described on pages 366 and 367 is profiled in greater detail in The Heroin Solution on pages 204-220.
James A. Inciardi’s book The War on Drugs, was published in 1986 by the Mayfield Publishing Company. His description of the "Trebach model" appears on page 210.
The figures for funding for abuse treatment under the Carter and Reagan administrations on page 372 were originally obtained from the official sources. For the Carter years, see The Heroin Solution, pages 241 and 242. Allocations for 1984 were contained in the comprehensive Crime Control Act of 1984, signed into law on October 12, 1984 by President Reagan, in Chapter 5, "Drug Enforcement Amendments." The most recent funding figures are contained in the anti-Drug Abuse Act of 1986, P.L. 99-570, the text of which is obtainable through the GPO in Washington, D.C. As for the articles on drug treatment in the section on pages 372-375, Toby Cohen’s article, "Low-Cost Clinics: Best Way to Treat Substance Abuse," appeared in The Wall Street Journal on July 30, 1986. The article "Hot Line on the Hot Seat," about the hotline 1-800-COCAINE, ran in the July 28, 1984 issue of Newsweek on page 44.
My discussion of the success of drug policy in Holland is the result of first-hand observations of the policy in practice there. They also appear as part of an article entitled "The Loyal Opposition to the War on Drugs," which I presented on September 4, 1986 at the Conference on the Occasion of the Centenary of the Dutch Criminal Code in the Netherlands. The mailing address of the National Federation of Junkie Associations in Holland is the Federatie Nederlandse Junkiebonden, c/o MDHG, Binnenkant 46, 1011 RP Amsterdam, the Netherlands. However, all may not be so rosy there today. A recent article in the September/October issue of Druglink (a magazine published by the Institute for the Study of Drug Dependence, 1-4 Hatton Place, London EC1N 8ND, England) on page 5 entitled "Dutch Liberalism Under Pressure" alludes to the criticism currently being aimed at the Dutch approach to drug policy.
Another organization of addicts that can be contacted for information or for support is Britain’s Drug Dependency Improvement Group. At present this group of addicts is attempting to set up its own maintenance clinic so that its members can continue to receive their drugs and remain functioning, contributing members of society.
The figures on the number of smokers in the U.S. cited on page 380 come from a 1983 report of statistics on drug use in the U.S. entitled Health: United States and Prevention Profile 1983, U.S. Department of Health and Human Services, Public Health Service, DHHS Publication # (PHS) 84-1232, p. 60. A report to be published by the Centers for Disease Control in 1987 claims that 26.5% of adults smoke today, a significant decline from the 30.4% of adults reported as smokers by a 1985 National Center for Health Statistics report. These figures were reported in the September 10, 1987 edition of The Washington Post in an article entitled "Smokers a Dwindling Minority in U.S."