Stories from the week of October 7, 2011

COP on the Hill

Your Voice in the United States Congress

Washington, DC based:  Four years ago former LEAPer Jody James suggested that LEAP have at least a DC mailbox to demonstrate a commitment and presence in the nation’s capital.  They declined to act but this week I had a brain burp,* remembered her suggestion and adopted it for COP.  New address at bottom reflects the COP focus on educating the Congress and thus changing the course of federal law.

Reward system works:  I really enjoy my Crown Royal whiskey and the Swiss chocolate I came back with this spring.  But, I only allow myself a shot and some squares, when I have had a chat with a Member of Congress.   Wednesday I asked Congressman Huelskamp (R-KS) why he thought the nation should continue spending another trillion on the failed drug policy of prohibition.  This was at the monthly Leadership Institute breakfast (www.leadershipinstitute.org) NOTE: The LI trains young Republicans.   After the breakfast we spoke for two minutes, agreeing the government can not fix stupid via the police/criminal justice system.

Two hours later via being at Grover Norquist’s’ brunch, I was invited to a luncheon with Congressman Dent (R-PA) attended by about 25 persons and again I was able to ask questions.  Two shots and 4 squares of chocolate that night!

Go left or go right?:  On Friday I usually head to Congress to have seven meetings with staffers.   This Friday I decided it was more important to send a personal email to all House staffers.  The memo at far bottom (3 minute read).  My thanks for the contributions of NORML expert Paul Armentano to this memo.

*brain burp = etwas im Koph fallen lassen

Stats for COP’s third year, started on August 1, 2011:

144 presentations to Congressional staffers:   2 this week

3 Letter to the Editor:  1 this week

1 Television appearance:  this week

2 Other media (blogs, cable TV, etc)

2 radio shows:  this week

7 (Member of Congress) contacts:   2 this week

Consider being a member of COP at $30.00 or more per year.   All contributions are tax-deductible.   Law Enforcement’s voice in opposition to current policy is vital on the Hill to achieve a repeal of federal prohibition.  COP provides that voice.   If you agree that Modern Prohibition/War on Drugs is the most destructive, dysfunctional and immoral policy since slavery & Jim Crow.  Go to: www.CitizensOpposingProhibition.org and click on Donate/Join – by credit card or send a check to: 

COP

POB 2902

Washington, DC  20013

If you have questions or comments, please send an email to: howard@citizensopposingprohibition.org

COP total stats in first two years:  August 1, 2009 thru July 31, 2011)

649 Presentations to Congressional staffers

22 Appearances on major TV networks

10 published interviews in newspapers

12 interviews and reports in minor media = blogs, cable TV, etc

57 published letters to the editor (value per MAPINC in free publicity: $56,000)

19 brief chats with Members of Congress

13 chats with other elected officials, state reps, senators, etc.

6 major conferences attended (CPAC, LULAC, NRA, etc)

Permanent invitation to Grover Norquist’s Wednesday brunch attended by 140 conservative VIPs.

Published LTE in Roanoke, VA daily paper:

METH MAKERS ARE THE BOOTLEGGERS OF OUR DAY

Re: “Briefly put,” Sept.  27 editorial:

Speaking as a retired detective and student of history, your idea ( have pharmacies participate in tracking sales of meth ingredients ) to improve the meth problem is doomed to failure.

We in law enforcement have been trying such ideas for the past 40 years.  The results of those ideas and a trillion tax dollars spent? According to the Drug Enforcement Administration, “Drugs are readily available to America’s youth.”

The meth lab, whether “shake and bake” or the table-sized variety, is the moonshine still of the 21st century.  We can make 99 percent go away if we would repeal the prohibition of amphetamines.  Allow adults legal access to the same amphetamines we give Air Force and Navy pilots to fly long missions.  This is not complicated.

HOWARD WOOLDRIDGE

Detective/Officer ( retired )

 Morning

Where does your office stand on HR 2306? The Frank/Paul bill – Ending Federal Marijuana Prohibition Act of 2011

This report is the first of four regarding marijuana.  Any questions, please call/write.

Howard

Detective/Officer Howard  Wooldridge (retired)

Drug Policy Specialist, COP – www.CitizensOpposingProhibition.org

Washington, DC

817-975-1110 Cell

howard@citizensopposingprohibition.org

DUI of Marijuana Arrest Procedures   (or any non-alcohol, intoxicating drug (pain killers, etc)
 

Overview:  Based on the street experience of this author (400 arrests for DUI or DUID), arresting anyone for non-alcohol related DUI follows closely the same procedures as alcohol-related DUI.  The three (3) differences are that on the side of the road, there is no instrument-based test to determine the level of intoxication.  The second difference is that blood should be drawn before the arrestee is put in jail.  The third is the results of the blood test are not revealed, until after the arrestee has been released.
 
Steps:
 
1.   Officer observes bad driving or responds to an accident.
2.   Officer conducts a field interview (questions and observations ) of the driver to determine sobriety.
3.   If sobriety is in question, officer has subject perform physical & mental tests.

1. NOTE: In some states, a DRE (drug recognition expert) will also run the suspect through a series of physiological (pulse rate, nystagmus) and performance tests.

4.   If tests indicate intoxication above the legal standard and alcohol is not detected, the subject is arrested and read their rights for a chemical test.
5.   The officer requests the arrestee submit to a blood test, as breath would be useless.
6.   The arrestee is taken to a medical facility and blood is drawn.  Arrestee is taken to jail. Formal charge is DUI of Drugs.   The blood is taken to a lab. NOTE: if arrestee declines to take the test, a search warrant is obtained and blood is drawn with or without their cooperation.
7.   X Days later the results from the lab are sent to the  prosecutor’s office.  The prosecutor would then issue a complaint and warrant for DUI of Drugs, if the facts warrant such.

1. NOTE: Pennsylvania used to have a 5ng/ml THC/blood standard for DUI but in 2011 amended it to 1ng/ml.     Some states set the level at zero (Michigan) or 2ng/ml (Ohio, Nevada).

8.   If a trial takes place, the prosecution uses the following elements to demonstrate guilt to the jury: driving, field interview and the presence of marijuana in the blood (or other intoxicating drugs-note most common in my experience was prescription pain killers).
9.   Generally speaking the punishment for DUI alcohol and DUI marijuana is the same. 

10.  Whereas the federal government has set a national standard of 0.08% for alcohol DUI, it has not set a standard for marijuana or any other intoxicating drug (cocaine, heroin, Oxicodone, Vicodin, etc)