U.S. Drug Czar Gil Kerlikowske today unveiled the White House's new action plan to control prescription drug abuse. The press release is here. Background here.

The plan is here. There are four components: education, tracking and monitoring, proper disposal, and enforcement. [More...]

The House Committee on Energy and Commerce held a hearing yesterday on the menace of prescription drug abuse. Who testified? Drug Czar Gil Kerlikowske (written testimony here) and DEA chief Michelle Leonhart (testimony here.) What did they say? Aside from providing a bunch of questionable statistics, the Obama Administration, through the DEA, is planning on ratcheting up the war on pain medication. The plan will be unveiled as early as next week, as the 2011 National Drug Control Strategy. (You can get the gist from the proposed 2012 budget for drug control policy which the White House summarized here, here and here.)

Here's the 227 page, $15.5 billion 2011 Federal Drug Control budget, which covered Obama's 2010 National Drug Control Strategy. The DEA's 120 page proposed 2012 budget submission and justification is here. There's 2,044.7 million for domestic enforcement, $322 million for diversion, $433 million for international enforcement. [More...]

The Guardian has a new investigative report on Wachovia Bank's laundering of billions of dollars for Mexican drug cartels. The information comes from the federal criminal prosecution of Wachovia in Florida that was settled in 2010, and background from a British whistle-blower.

As the violence spread, billions of dollars of cartel cash began to seep into the global financial system. But a special investigation by the Observer reveals how the increasingly frantic warnings of one London whistleblower were ignored

The Government charged Wachovia with failing to maintain an effective money laundering program. Wachovia entered a one year deferred prosecution agreement with the Government in March, 2010. It forfeited $110 million and paid a $50 million fine. You can read the agreement here. No individuals were charged. [More...]

Via Law Prof Doug Berman at Sentencing Law and Policy: Judge Jack Weinstein has written another scathing indictment of our drug sentencing laws and policy in a multi-defendant crack cocaine case.

The case is United States v. Bannister, No. 10-CR-0053 (E.D.N.Y. Mar. 24, 2011), and the 125 page opinion is available here. Some quotes below:[ More...]

In Britain, MPs and members of the House of Lords, have formed a new "All-Party Parliamentary Group " on Drug Policy Reform, and requesting new policies for drug issues. They say the policies should be guided by scientific evidence. They argue:

Despite governments worldwide drawing up tough laws against dealers and users over the past 50 years, illegal drugs have become more accessible. Vast amounts of money have been wasted on unsuccessful crackdowns, while criminals have made fortunes importing drugs into this country. The increasing use of the most harmful drugs such as heroin has also led to “enormous health problems”, according to the group.

The current policies have failed. But other countries, such as Portugal, have had success. The difference: [More...]

The Phoenix Police Department says it needs more manpower to fight the increased number of kidnapping and home invasions in the city. But last month, Phoenix Police Chief Jack Harris was reassigned due to an investigation into alleged inflated kidnapping statistics by the department. Why would police fudge those statistics? To qualify for a $1.7 million federal grant.

The ATF has recently come under heavy criticism for its reverse stings, particularly those involving guns ending up in Mexico.

So what happens? The ATF teams up with the Phoenix Police. Six ATF agents have been permanently assigned to the Phoenix police Kidnapping and Home Invasion Unit. [More...]

In a letter to the City Attorney of Oakland last month, CA, U.S. Attorney Melinda Haag "clarified" the Justice Department's position on federal prosecution involving medical marijuana, and specifically, cultivation authorized by state or municipal law.

The Oakland City Attorney had asked for guidance on Oakland's Medical Cannabis Cultivation Ordinance. U.S. Attorney Haag responds that DOJ is familiar with Oakland's solicitation of applications for permits to operate "industrial cannabis cultivation and manufacturing facilities" pursuant to Oakland Ordinance No. 13033 (Oakland Ordinance)." After consulting with the Attorney General, she says she is writing to clarify DOJ's position:

The prosecution of individuals and organizations involved in the trade of any illegal drugs and the disruption of drug trafficking organizations is a core priority of the Department. This core priority includes prosecution of business enterprises that unlawfully market and sell marijuana.

[More..]

The New York Times reports the U.S. is employing unmanned drones in Mexico to track the cartels.

The Pentagon began flying high-altitude, unarmed drones over Mexican skies last month, American military officials said, in hopes of collecting information to turn over to Mexican law enforcement agencies.

The U.S. and Mexico have also agreed to open a second "counternarcotics “fusion” center" to better share information.

In addition, the United States trains thousands of Mexican troops and police officers, collaborates with specially vetted Mexican security units, conducts eavesdropping in Mexico and upgrades Mexican security equipment and intelligence technology, according to American law enforcement and intelligence officials. [More...]

The U.S. Attorney in Montana issued this press release today about the 26 search warrants executed yesterday in Montana. (More here.) The targets: medical marijuana businesses, which the U.S. Attorney calls "criminal enterprises."

According to the list of items to be seized, it's not just records of the businesses they were after, but customer records too:

According to the warrant, signed Thursday by U.S. District Court Magistrate Judge Jeremiah C. Lynch, authorities were authorized to seize “items that are evidence of the commission of drug trafficking offenses” under federal law, including marijuana; packaging materials and related paraphernalia; cell phones, firearms; books and records.

“Books and records,” include items and “papers with names, addresses and telephone numbers, including but not limited to (those) of co-conspirators and/or persons to whom dangerous drugs have been delivered to or obtained from,” according to the warrant. Also sought: “documents and/or papers which may aid in the identification and location of customers, suppliers and/or co-conspirators.”

The U.S. Attorney insists "Individuals with illnesses who are in clear and unambiguous compliance with state law are not the focus of this investigation." Then why get a warrant for customer records? [More...]

The Mexican Government is requesting information about Project Gunrunner, also called "Fast and Furious", which began in Phoenix. Agents were directed to allow guns to be brought into Mexico. (You can read the English translation of its press release here.) The theory was that they could then determine where they ended up and bust the cartels. Many agents objected.

But the Mexican Government was never told about this. How many of these guns ended up killing people? ATF Agent and whistleblower John Dodson says what he was asked to do is "beyond belief."

ATF has ordered a complete review of the program. You can read one indictment that details how many guns got through to alleged cartel members here.

President Obama met with Mexico's President Calderon today. Here's the transcript of the press conference. First, Obama promises continued and increased cooperation in fighting Mexico's drug war.

So we are continuing to speed up the delivery of equipment and training that our Mexican partners need to keep up this fight. As President Calderón cracks down on money laundering in Mexico, we’re putting unprecedented pressure on cartels and their finances here in the United States. And we thank our Mexican partners for their close cooperation following the murder of one of our immigration and customs agents, Special Agent Jaime Zapata.

I reiterated that the United States accepts our shared responsibility for the drug violence. So to combat the southbound flow of guns and money, we are screening all southbound rail cargo, seizing many more guns bound for Mexico and we are putting more gunrunners behind bars. And as part of our new drug control strategy, we are focused on reducing the demand for drugs through education, prevention and treatment.

President Calderon praised the increased information sharing between law enforcement in the two countries and said it will continue. [More...]

The D.E.A. exercised its emergency rule making authority today and banned five chemicals used in smokable herbal products it calls fake marijuana. Included are the chemicals in Spice, K-2, Blaze and Red X Dawn.

Except as authorized by law, this action makes possessing and selling these chemicals or the products that contain them illegal in the United States. This emergency action was necessary to prevent an imminent threat to public health and safety.

The ban will be in effect for a year. The DEA says:

They are designated as Schedule I substances, the most restrictive category under the Controlled Substances Act. Schedule I substances are reserved for those substances with a high potential for abuse, no accepted medical use for treatment in the United States and a lack of accepted safety for use of the drug under medical supervision.

The text of the rule, as appears in the Federal Register, is here. [More...]