Category Archives:Drug Supply

President to Release Non-Violent Drug Offenders

US President Barack Obama recently commuted the prison sentences of 42 inmates as part of his push for criminal justice reform.

Most of the offenders are small-time drug dealers who have already spent many years in prison – some were sentenced to life-imprisonment under “three strikes and you’re out” legislation.

Obama has now commuted the sentences of 348 inmates – more than the previous seven US presidents combined.

US Prison Population

An estimated 2.2 million people are behind bars in the United States. This represents a quarter of the global prison population in a country with only 5 per cent of the world’s population.

A whopping one in 100 US adults are incarcerated, and two-thirds of released inmates return to prison within 2 years.

The direct cost to the US economy is enormous – US $60 billion per year, an increase of more than 300% over the past 20 years. The indirect costs are believed to be far higher than this.

Law Reform

The White House has released a statement saying the commuted sentences related to inmates affected by “outdated and unduly harsh sentencing laws,” including mandatory life sentences for non-violent drug offences.

“The individuals receiving a presidential commutation today have more than repaid their debt to society and earned this second chance,” the statement said.

The President is expected to commute more sentences before he leaves office in January 2017. He has also proposed legislation which would reduce sentence lengths for small time offenders, and focus on alternatives to imprisonment and rehabilitation.

The President said of the current system:

“It’s not keeping us as safe as it should be. It is not as fair as it should be. Mass incarceration makes our country worse off, and we need to do something about it.”

Justice Reinvestment

Some US states have already seen the benefits of ‘Justice Reinvestment’, an initiative proposed by the US Open Society Institute in 2003.

Justice reinvestment recognises that a disproportionately high concentration of offending comes from a small number of communities, which are normally categorised by:

  • High rates of poverty, child abuse or neglect, alcohol and drug use, and mental health problems,
  • Insufficient social services such as housing and employment support, and
  • low education levels.

By channeling funds into programs which address these problems, justice reinvestment has been remarkably successful in lowering offending rates and overall law enforcement costs in a number of US communities.

A 2014 report by the Urban Institute found that 17 states are projected to save as much as $4.6 billion through policies designed to channel spending into community projects and otherwise control corrections spending.

Seeing these benefits, a total of 21 US states have now signed up with the Council of State Governments Justice Centre and other non-profit organisations to investigate or apply justice reinvestment in their jurisdiction.

Closer to Home

Australia certainly has its own problems – with a sharply rising prison population caused by tougher bail laws and harsh sentencing regimes, despite falling overall crime rates.

Our Indigenous communities suffer from hugely disproportionate incarceration rates, while our politicians seem intent on spending more and more on enforcement and imprisonment, while losing focus on programs which address the underlying causes of offending.

It is hoped government will start to recognise the real, long-term economic and social benefits of preventative and diversionary programs, and shift expenditure towards initiatives that deal with the problem at its source.

The UN Drugs Summit: A Wasted Opportunity

The UN General Assembly Special Session on Drugs (UNGASS) has once again refused to denounce the spectacular failure of the international War on Drugs. Many hoped that a shift of rhetoric was forthcoming, with the meeting brought forward from 2019 as a result of pleas by representatives of several member states, including the presidents of Colombia, Guatemala and Mexico; nations where many die in the violent frontline of the drug war.

The last multinational drug debate was the 1998 UNGASS, which set a goal for a “drug-free world” by 2008, using the drug war model.

The results

The 1998 goal has clearly not been met, with the harm associated with drug prohibition increasing over the years.

1. Supply

The international drug war has not altered the supply of drugs. While cocaine supply has fallen, that decrease has been overshadowed by an increase in methamphetamine supply. The supply of cannabis and psychoactive drugs also continues to rise. The 2015 UN World Drug Report found that overall drug use and demand is stable around the world.

A study published in the British Medical Journal in 2013 used the US as an example, finding that despite efforts to limit the supply of illicit drugs, prices have fallen while the purity of the drugs has increased since 1990.

Researchers found that between 1990 and 2007, the price of heroin, cocaine and cannabis fell by 81%, 80% and 86% respectively, while average purity increased by 60%, 11% and 161%.

2. Proceeds of crime

Internationally, the illegal drug trade is larger than any other illegal activity, with a 2011 report by Global Financial Integrity estimating that illicit drugs create $320 billion for criminal organisations across the globe.

3. Imprisonment

The Brookings Institution has published a comparative study of counter-narcotics polices and their outcomes in various countries.

The Study outlined three different approaches:

  • Punishment – used in countries like Australia, the US and UK,
  • Depenalisation – used in Italy and Spain, which does not criminalise personal use for certain amounts, and
  • Decriminalisation – used in the Netherlands, which allows cannabis for personal use.

This Study found that the punishment model was a major reason for the explosion in US imprisonment rate from less than 50,000 in 1980 (at the beginning of the drug war) to 210,200 in 2015.

Like the US, Australia is also suffering from over-populated prisons, many of them incarcerated for drug offences.

4. Health outcomes

A study titled “Global burden of disease attributable to illicit drug use and dependence” found that the global burden of illness due to amphetamine, cannabis, cocaine, and opioids (including heroin) increased by 52% between 1990 and 2010. UNODC figures suggest that there are now 27 million people worldwide suffering from some form of drug disorder.

While this is not solely the result of drug policy, these numbers suggest that not nearly enough is being done to minimise harm associated with illegal drug use, with the primary focus being on punishing users. In fact, a 2013 Australian report found that the ratio of government drug-related spending was overwhelmingly highest for law enforcement (66%), then treatment (21%), prevention (9%) and harm reduction (2%).

Michel Kazatchkine, a professor of medicine and former executive director of the Global Fund to Fight AIDS, Tuberculosis and Malaria, has pointed to the disastrous results of drug enforcement policies on disease control. He criticised UNGASS for virtually ignoring the fact that nearly 2 million people who inject drugs around the world have HIV, and a whopping two-thirds are infected with hepatitis C.

Law enforcement agents and policies are, in Kazatchkine’s view, “barriers to services”; standing in the way of users getting help. Kazatchkine sees prisons, the place where many users end up, as “high-risk environments for infectious disease transmissions.”

5. Casualties

Drug prohibition is a major factor in the 250,000 yearly overdoses from illicit drugs, as it leads to the use of deadly fillers and wildly fluctuating purity levels. Prohibition has also created dangerous ‘no go zones’ in many countries.

In 2006, Mexican president Felipe Calderon began deploying federal military forces to capture and kill drug traffickers. This move saw the nation’s homicide rate quadruple from nine murders per 100,000 in 2005, to 22 murders per 100,000 in 2010. Between 2007 and 2014, more than 164,000 people were victims of homicide.

Similar conflicts have played out in Columbia and Guatemala.

The Summit

Achieving consensus between many countries with different priorities and agendas is always going to be a difficult task.

However, it was hope that the steadily declining crime and health outcomes created by the War on Drugs would be so great that agreement would be reached that strict prohibition has failed. Unfortunately, this did not happen.

A preliminary agreement reached on the first day ignored the importance of harm minimisation, maintaining the prohibitionist framework which criminalises all drug use not for medical or scientific purposes.

Criticism

The Global Commission on Drug Policy, which unites international leaders to advocate for drug reform, declared itself “profoundly disappointed” by the failure of UNGASS 2016 to have the courage to strive for change. “The very bad news about UNGASS is that its official declaration reinforces the 1961, 1971 and 1988 Conventions as the cornerstone of the international drug control system,” said Ernesto Zedillo, President of Mexico from 1994-2000.

This is despite overwhelming evidence that the current approach has failed. “The emphasis needs to be on helping people getting out of the problem of drug use rather than punishing them for being in it,” said Charles Gore, president of the World Hepatitis Alliance. Mr Gore was dismissive of the final document, saying, “It represents a tinkering around the edges more than a fundamental reshaping of where we need to get to as a world on drug policy.”

UN’s role

The UN cannot act as a world parliament or police – it does not have power to force member states to enact or enforce legislation.

At the same time, many feel the UNGASS was expected properly examine the available evidence and make recommendations, if not reach agreements, for reform.

They believe the organisation failed to do this, preferring to dance around the issues and keep member states happy. They feel the recent UNGASS was a wasted opportunity because no definitive statement of principles, no recommendations and no meaningful agreement was reached, despite overwhelming evidence of the current approach’s failure.

The way forward for Australia

Loiuse Arbour, the UN High Commissioner for Human Rights, believes the lack of leadership by the UN and other international bodies will lead countries to pursue their own decriminalisation and harm-management policies.

Most Australians support some form of drug decriminalisation. Only 5% of Australians support a prison sentence for cannabis possession, with support for prison for ecstasy (14%), methamphetamine (21%) and heroin (24%) also relatively low.

Many Australians agree with “The Economist”, which endorses the legalisation of cannabis because of the associated economic and social benefits, saying “Danger and harm are not in themselves a reason to make or keep things illegal.”

Nick Clegg predicts that “Because the hardliners (Russia and China mainly) have been allowed to hijack this process, reformers will think, ‘To hell with the UN system, let’s just get on with our own experiment.'”

Unfortunately, Australian politicians are hesitant to wind back prohibition, preferring to plough billions of taxpayer dollars into enforcement and incarceration, while spending relatively little on prevention and diversion.

High Drug Prices Do Not Reduce Demand

The United Nations Office of Drugs and Crime has brought forward a special session on international policy, which will focus on a number of issues including the current worldwide debate about the decriminalisation of drugs.

Those who support prohibition typically argue that it reduces demand by sending a clear message that drug use is unacceptable and dangerous, while those against say it does more harm than good by creating an illegal black market for drugs (and all the associated problems), unnecessarily criminalises otherwise law-abiding individuals, exposes users to potentially-deadly fillers and fluctuating purity levels, and wastes tens or even hundreds of millions of taxpayer dollars.

This blog focuses on the question of whether high prices caused by drug prohibition reduces demand.

Cost of Australian Drugs

The 2015 Global Drug Survey found that Australian users can expect to pay dramatically higher prices for drugs than those in the US and Europe. It found that Australians pay an average €18 for an ecstasy pill and €166 for a gram of MDMA. This is second only to New Zealand, and slightly more than double of price in the third most expensive country, Switzerland.

Australian cocaine users are paying up to four times as much as users in Britain- cocaine is about $300 a gram in Australia, and $75 a gram in England.

”It’s a luxury item here [in Australia]. People who’ve got lots of money use coke and if you’re on benefits and doing crime you do crystal [methamphetamine],” Survey coordinator, psychiatrist Adam Winstock said.

The Australian Crime Commission described the price paid by local users as “astronomical” compared with other countries.

“When the drug is purchased in China it costs around $100 per gram; by the time it gets to Perth it’s selling for about $650 a gram,” the head of the ACC Chris Dawson said.

The 2011 Parliamentary Joint Committee on Law Enforcement similarly acknowledged the high price of drugs in Australia, noting the “extreme difference between Australian and international drug prices.”

Dr Adam Winstock says local prices are high because of the additional risk of importing drugs into Australia; a risk created by prohibition.

Quality of Australian Drugs

Drugs are also generally lower in purity in Australia, and can contain dangerous levels of deadly fillers.

In 2011, American street cocaine had an average purity of 52%, while the drug has an average purity of 19.85% in Australia.

The purity of ecstacy is also much higher in other parts of the world – pills in the UK have an average purity of 66.3% MDMA (the most common active ingredient), Danish pills have 59%, and Dutch pills have 77.5%. Meanwhile, the Australian government’s forensic facility, ChemCenter, says the average here is just 18.9%.

Prevalence of Drug Use

The 2014 United Nations World Drug Report says Australia is leading the globe in terms of recreational drug use.

Australia was found to be the world leader in ecstacy use per capita, the third highest user of methamphetamines and fourth highest user of cocaine.

Price Inelasticity

The concept of price elasticity relates to the influence of price on consumer demand.

Price elasticity is when consumers react negatively at the same rate as a price rise; for example, buy 10% less Adidas shoes when the brand’s prices rise by 10%.

The opposite principle, price inelasticity, is where consumers do not react to price changes at a corresponding rate. An example may be petrol, where a 10% price rise typically leads to a less-than 10% fall in consumption.

Surveys have found that drug use is characterised by price inelasticity; where price increases do not result in corresponding reductions in use, and that, by the same token, price falls do not cause an equivalent rise in use. This is said to be due to a range of factors, not the least of which is that habitual users will buy drugs regardless of price increases, and low prices are not normally a primary consideration for first time or recreational users.

Accordingly, it is argued that increases in prices caused by prohibition do not lead to a corresponding reduction in drug use.

Like many others, President of the Australian Drug Law Reform Foundation, Dr Alex Wodak, argues that changes in illicit drug use are fueled not by fluctuations in prices, but by growing socioeconomic inequality, mental health issues, low employment prospects and traumatic experiences.

He points out that prohibition and corresponding price increases do not decrease demand, as prohibitionists suggest, and we can only address high demand by seeing drug addiction as a public health issue and not a law enforcement issue; and focusing on providing resources to preventative and diversionary programs, rather than law enforcement bodies.

MP Introduces Law to Scrap Sniffer Dog Use

Here are a few reasons why sniffer dogs make bad drug policy: they’re inaccurate, they’re open to bias, they’re used to target low income communities, they cost a lot of money and they increase the risk of dangerous drug behaviours such as ‘loading up’.

In terms of civil liberties, the spectre of heavily armed police using dogs to conduct searches on members of the community in train stations and other public spaces encroaches on our freedom from arbitrary interference by agents of the state.

In 2006, the New South Wales Ombudsman conducted an extensive investigation into the use of sniffer dogs, finding that:

“There is little or no evidence to support claims that drug detection dog operations deter drug use, reduce drug-related crime, or increase perceptions of public safety. Further, criticisms of the cost-effectiveness of general drug detection operations appear to be well founded…

In light of this, we have recommended that the starting point when considering our report is a review of whether the legislation in its present form, or amended as suggested, should be retained at all.”

The Ombudsman recommended that sniffer dogs be scrapped altogether. It’s taken a decade, but there is finally a chance of this becoming a reality.

The Proposed Law

Jenny Leong, the Greens MP for Newtown, has introduced a bill into New South Wales Parliament that would repeal the use of drug detection dogs by police without a warrant.

The Law Enforcement (Powers and Responsibilities) Amendment (Sniffer Dogs—Repeal of Powers) Bill 2016 seeks to alter sections of the LEPRA legislation, and Tattoo Parlours Act 2012, to remove provisions relating to the use of sniffer dogs in carrying out drug detection.

“In NSW, the use of sniffer dogs by police on public transport, at festivals and in bars is not about effective drug control – it’s about police intimidation and harassment,” says Leong.

“The NSW drug dog program has been shown over and over again to be ineffective and a waste of public money. It’s also highly discriminatory – targeting already marginalised groups in our community – and a blatant breach of our civil rights.”

“Time after time the stats show that the program just doesn’t work,” says Leong. “Health and law specialists say so. The Ombudsman says so. But the government is stubbornly refusing to see the evidence.

The Bill will be debated in coming weeks. However, you can watch Jenny Leong’s speech in New South Wales Parliament in support of the bill below:

Is the Tide Turning on Sniffer Dog Use?

Earlier this year, another New South Wales MP, Labor’s Jo Haylen, spoke out against the use of sniffer dogs during a debate on health policy at the State Labor conference.

Ms Haylen, the member for Summer Hill, argued that sniffer dogs have been ineffective in targeting drug dealers, and instead have made drug users engage in even riskier behaviour – the opposite of the program’s original intentions.

“Sniffer dogs are ineffective,” she said.

“They’re wrong three quarters of the time, causing unnecessary interactions between police and young people.

“Rather than ruining lives with a criminal record or worse still, leaving people to take risks on their own, let’s be brave,” Ms Haylen said.

“Let’s make good evidence based public policy and once again make NSW a world leader when it comes to harm minimisation.”

Earlier this week, the NSW Legislation Review Committee also threw their support behind Leong’s bill, saying “[it] supports the principles and advances the human rights referenced in Sections 8A of the Legislation Review Act 1987”.

Ms Haylen argued that the government should instead be encouraging the use of amnesty bins and pill-testing at music festivals, as ways of discouraging harmful drug use. However, it is unclear what stance Labor will take on the new legislation when it comes to a vote later this year.

Sniffer Dogs in NSW

Under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), police have the power to use sniffer dogs in a number of places, including train stations and music festivals. In 2012 this was extended to also include tattoo parlours, despite mounting evidence that the program was a failure.

Recent statistics show that over 60% percent of searches are the result of a ‘false-positive’, where the dog has falsely indicated a person is carrying drugs. This and other problems with sniffer dog use have led criminal lawyers to conclude that positive indications are not enough to constitute the ‘reasonable suspicion’ required for a search; a conclusion which is consistent with advice given to the Ombudsman by senior barristers.

Further research has shown that drug detection dogs react heavily to the bias of their handlers – a possible explanation for the high rate of false detections. Additional research suggests that passengers boarding a train at Redfern station are 6.5 times more likely to be searched for drugs than passengers at Central station – leading to allegations of bias in police deployment.

Given the ineffectiveness of sniffer dogs – and the tragic consequences that have resulted from users ‘loading up’ before and during festivals – it is hoped that more politicians will see sense and start focusing on harm minimisation measures rather than wholesale and counter-productive interferences in personal liberties.

5 Anti-Drug Ads That Went Hilariously Wrong

Earlier this week, the NSW Police Force released plans to expand its ‘Dob in a dealer’ campaign, targeting ice dealers in Sydney.

The announcement has already been met with criticism from drug reform experts, who argue that the Government should focus on harm minimisation, rather than invest further resources into the failed ‘war on drugs’.

The expansion announcement comes just months after the release of the anti-drug campaign titled ‘Stoner Sloth’ – a video series criticised for being ineffective and downright ridiculous.

According to Matt Noffs, whose Noffs Foundation specialises in drug treatment for young people, the Stoner Sloth campaign was a “waste of money”. Mr Noffs believes the money could have been better spent on helping young people to beat drug addiction and get back on the right path. He told the Sydney Morning Herald:

“For less than the cost of this campaign, we run street universities that help hundreds of kids off drugs,” and “The biggest issue I have with this campaign is that it stigmatises children with drug issues.”

But the Stoner Sloth wasn’t the first time our government failed in its attempt to deter young people from taking drugs. Here are five other ad campaign criticised for being ineffective.

Teenage Mutant Ninja Turtles – Say No To Drugs Advert

On its surface, this commercial seems pretty good: it is 30 seconds long, everyone loves the Ninja Turtles, and the marijuana pusher appears crushed at the end, after the six year old’s crushing corny 90s putdown.

That is until you take a step back and think: were middle-class, suburban, TMNT-loving six-year olds really a group teetering on the brink of marijuana addiction? Probably not. In reality, this ad may have been responsible for introducing some of that demographic to the concept of pot. Oops.

If there is any message six-year-olds took from watching this ad, it’s abstaining from “pot” is for their cartoon-watching friends, while their cool, leather-clad, older brother blazes it.

Your Brain on Drugs

Probably the most famous anti-drug campaign in recent history, this ad is full of gruff condescension. After making what is, at best, a muddled egg metaphor, the voiceover guy says “any questions” in a way which implies that if you do have questions, he’s going to punch you in the face. To clarify, your brain is not an egg. And doing drugs probably won’t scramble it.

Thinking of the long-term effect of this ad, it most likely accomplished one thing: reminding pot users how great some fried eggs would be right now.

Canadian Drug Rap

Released two years after NWA’s ‘Gangsta Gangsta’ helped make smoking weed mainstream, the Canadian Drug Rap never stood a chance. Unfortunately, no-one told the Canadians. The ad itself hits that sweet spot between Barney sing-along and full-blow acid freak out, which would be hilarious if wasn’t intended as a serious anti-drug campaign.

The premise for the commercial seems to be that kids might get confused between the sorts of drugs that are prescribed by doctors, and the kind that you get on the street. This seems a tad ironic now, with evidence of doctors issuing dangerous, legal painkillers to adults. That said, “drugs, drugs, drugs” is still an amazing chorus, worthy of the next Wiz Khalifa album.

An Anti-Drug Ad We Have No Way Of Describing

There’s a school of thought within the anti-drug movement if authority figures just act really, really angry at drug users, they’ll somehow stop using drugs. While NSW Police Commissioner Andrew Scipione’s hardline on drugs is music to the ears of conservatives, he’s got nothing on this ad.

Beginning with the iconic this-egg-is-your-brain-on-drugs commercial (above), the actor then tells us that snorting heroin is like smashing the egg with a frying pan. Where did this weird metaphor come from? She then goes crazy and begins smashing up the once-pristine kitchen. It makes for engaging viewing, until you ask: does anyone actually snort heroin?

Don’t Blaze and Bathe

Yet another confusing metaphor and scenario. In this ad, a teenaged girl smokes a joint and dives off a high dive board headfirst into – *shock* – an empty pool. The ad raises a number of important questions: how was she sober enough to change into a one-piece bathing suit, but not realise the pool was empty? How did she get into the pool in the first place? How does this have anything to do with marijuana use?

So there you have it – ineffective, expensive and sometimes confusing attempts by out-of-touch conservatives to stop young people from taking drugs. One wonders what’s next.

‘Dob in a Dealer’ Campaign to Expand

The controversial ‘Dob in a Drug Dealer’ campaign was launched across Australia mid last year as part of the government’s effort to stop the spread of illegal drugs, especially ice.

The campaign encourages members of the public to report suspected drug related activity to police, with a focus on drug
supply and cultivation, rather than individual cases of drug possession.

Police say they are facing pressure in responding to drug crime due to staff and budget shortages – despite massive funding injections into the NSW Police Force in recent years – and have called on members of the public to assist by reporting their concerns.

But the campaign has not been well received by all – in the months following its rollout, drug experts described the initiative as a waste of public money, arguing that the fund could be better spent educating youth about the dangers of drug use, and investing in health programs.

Despite these concerns, police this week announced an expansion of the program which will see local police visiting schools and community groups in 21 locations to encourage people to report suspected drug activity.

Police will also spend time on the streets handing out promotional material about the ‘Dob in a Dealer’ campaign.

The expansion was launched at a community meeting in Redfern last week, where Crime Stoppers NSW Chief Executive Peter Price told attendees that those who report drug crime would have their identity protected:

‘We want members of the public to play an active role and tell us about criminals that are bringing harmful drugs into their region.

Making a report to Crime Stoppers is completely confidential. You will never be identified or called up for a court case, but every piece of information you provide can help solve crimes and reduce supply.’

The expansion is supported by NSW Assistant Police Commissioner Peter Barrie, who told the media:

‘Police just can’t arrest their way out of this issue, it is a community issue.

It’s an issue that we play a part in and we are providing an opportunity here to work with Crime Stoppers, to work with the community and really make a large-scale difference.’

The campaign has also been backed by community figures in areas affected by drug crime, including the inner-city suburb of Redfern. Aboriginal Elder Aunty Millie Ingram said:

‘[Ice] just destroys families, doesn’t matter what that family is and we all have a responsibility to address it and dob in a dealer.’

Statistics published by the NSW Bureau of Crime Statistics and Research record a significant increase in amphetamine use around the state – up 75.3% in the three years before September 2015.

Experts Raise Concerns

Drug experts have repeated their original concerns about the ‘Dob in a Dealer’ campaign.

In a thought-provoking opinion piece published in the Sydney Morning Herald after the original campaign was launched last year, journalist and Legal Aid lawyer Tim Dick described the campaign as a ‘failed strategy,’ writing:

‘Australia’s default position is to increase the vast millions wasted on drug law enforcement in spite of the bulk of expert opinion telling the country to change tack.

…The $1 million annual cost of the dob-in-a-dealer furphy would almost cover the $1.3 million annual expense of a 10-bed rehabilitation unit, so a few more addicts don’t have to wait a few more months, often in custody, for a proper shot at saving their lives.’

Mr Dick expressed concerns that the government was prioritising punishment ahead of treatment, noting that public hospitals lack the necessary resources to deal with the increasing number of drug overdoses.

These sentiments are echoed by Matt Noffs, CEO of the Ted Noffs Foundation, which provides rehabilitation and support services for drug-dependant people. Speaking to the media last week, Mr Noffs said:

‘Many dealers are people caught up in drug dependence themselves and many are young.

My greatest concern is that a number of police across the country are saying we can’t arrest our way out of this (drug crisis).

The prisons are already overflowing and Dob in a Dealer needs to be weighed up with diversion programs, which say that if someone is arrested they should be supported with treatment.’

But as always, the government has ignored these concerns and recommendations, instead focussing on punishing drug users, rather than helping them beat their addiction and move forward with their lives.

Growing Pot Is No Way to Get Rich

Brendon Scorey has learned the hard way that there is truth to the old adage: crime does not pay.

The Cairns District Court has heard how 22-year-old Mr Scorey had no criminal record, but was broke and looking for work when he discovered a group of people planning to grow cannabis for profit. Mr Scorey was told he would earn between $10,000 and $100,000 for his role in the venture.

Instead, all he got from a year’s involvement was $5,000, a criminal record, and a suspended prison sentence.

Dollar signs in his eyes, Mr Scorey ignored the early signs that his investment was not working. Scorey and another man worked hard clearing land, setting up an irrigation system and creating garden beds. After a year trying to grow cannabis, most of the crop had been destroyed by wild pigs, rats, and the weather. Scorey was left for long stretches of time to mind the crop on his own.

For all his efforts, Scorey said he only cultivated about 2.7kg of cannabis and ended up with about $5,000.

Despite his earnings being well below the minimum wage, Mr Scorey foolishly tried his luck again, devising a new plan to grow more cannabis.

The court was told how police became involved when a man who was minding the new crop took his own life.

Mr Scorey’s criminal defence lawyer told the court that his client was young, down on his luck, and had turned his life around since the hapless venture.

He was given a three year suspended prison sentence; any breach of which will likely see him behind bars.

The Real Costs of Growing Cannabis

In Colorado, where it is legal to sell and use cannabis for recreational purposes, there are some very sophisticated harvesters who are able to sell approximately 600 pounds a year.

One grower based in Colorado says that since legalisation, ounces are selling for around 125 to 150 US Dollars. Selling 600 pounds a year would bring in $1,440,000, which seems impressive, until you factor in that he spends a third of his profits growing and prepping the cannabis for sale and has 15 employees to pay.

Down the other end of the production chain, people aren’t seeing this kind of money.

Obviously in Australia, despite the difficulties, some people have been able to make substantial profits growing and selling cannabis illegally. The increased profits are balanced with the increased risks of being ripped-off or dobbed-in by the people you’re working with, violence, receiving a criminal record, and being sent to prison.

But now that Australia is looking to make medical cannabis available to those with a prescription, we are likely to see the farming of crops become more mainstream and competitive here as well.

The Wall Street Journal describes the situation in Denver, where medicinal cannabis is grown and sold legally:

“Trying to make a profit in this business is harder than expected. When grown and sold legally, marijuana can be an expensive proposition, with high startup costs, a host of operational headaches and state regulations that a beet farmer could never imagine.”

Confluence Denver reports that the extremely high energy costs of growing cannabis are a killer for both profits and the environment:

“Now that it’s legal and grow houses have, well, grown to meet demand, it’s also had an impact on the electric grid. ‘There have been situations where we’ve had to upgrade transformers,’ says Xcel Energy spokesperson Gabriel Romero. The utility has also had to upgrade the power lines going into the grow houses when they weren’t equipped for the higher voltage.

“Those changes are paid for by the warehouse owner,” says Romero. “Those things are pretty expensive startup fees.” It can cost hundreds of thousands of dollars to upgrade the electric equipment in some situations.”

When the Wall Street Journal asked veteran cannabis farmer, Elliott Klug, about the secret to making a profit in the cultivation of cannabis, he said: “Start with lots of money.”

Perhaps the old joke about vineyards is equally applicable to cannabis farms:

“Know how to make a million dollars in a vineyard? Start with 5 million”.

Stop Over-policing the Mardi Gras

For some, it was ironic for a representative of the NSW Police Force to advise police at the recent Mardi Gras briefing to be vigilant of “violent extremism” during this year’s celebrations.

Although the tensions that flared up in the aftermath of the 2013 parade have largely subsided, the memory of Jamie Jackson Reed and Bry Hutchinson’s brutal arrests that year have left many questioning policing practices at the iconic event.

Last year, LQBTIQ legal groups reported receiving “significantly more” complaints than usual about police conduct during the parade, including their heavy presence outside the Moore Park after party.

More than 800 extra police were on duty at last year’s parade, as part of Operation Northcote. According to Dan Stubbs, director of the Inner City Legal Centre, the number of additional police was unnecessary and disproportionate to the event.

“People do find it intimidating and it’s not a dangerous event. In fact, it’s the safest event in the city all year… especially when you compare it to Future Music or Stereo,” he said.

The last few years have seen police introduce a swathe of new measures targeting Mardi Gras patrons; including a ‘decency inspection team’ to police the suitability of outfits.

“Drug detection dog operations teach people not to trust police”

Although there has been a general increase in sniffer dog operations in Sydney, their relationship with the LQBTIQ community is particularly chequered. According to Will Tregoning, founder of the UnHarm drug decriminalisation campaign group,

“In the early days of the drug detection dog program they were used to target specific communities. We’re talking from the beginning in 2001, when the NSW Police used drug dogs for early operations. The gay clubs on Oxford Street were regularly targeted… What had been a place owned by the community, increasingly felt like a controlled space, and was a factor that lead to the downfall of that area”.

Mr Tregoning expressed his concerns to Sydney Criminal Lawyers® that the presence of sniffer dogs in the marshalling section of this year’s parade will lead to dangerous behaviour, such as ‘loading up’ on drugs. He feels police are creating distrust, and undoing the work undertaken over many years to build bridges between police and the LQBTIQ community.

“What the drug detection dog operations do is teach people not to trust police, they create antagony and mistrust within communities, including the gay and lesbian community… Police are there to take care of people, and yet the drug detection operations are doing the opposite. They’re taking away the opportunity for collaboration between community and the police,” he said.

“You need to cover them up or we’re taking the float down”

Decency Inspectors will again be present in the marshalling area of this year’s Mardi Gras, who have the job of deciding what event goers can and can’t wear. NSW Police corporate spokesperson for LQBTIQ people, Tony Crandell, admits that the decisions of these officers can be arbitrary.

“We are often asked what’s okay and what’s not, which is sometimes difficult to describe – when you see something offensive, you just know.”

In 2013, the Decency Inspection Team came under fire for demanding that members of the Leather Pride float, a staple of Mardi Gras, cover their backsides before being allowed to march in the parade.

“They said ‘we’ve got five of your boys in jocks and chaps,’” says the Sydney Leather Pride Association’s John-Bernard Tyndall. “And I went ‘it’s never been a problem before’. They turned around and said well it is a problem, it’s indecent, you need to cover them up or we’re taking the float down.”

Mr Tyndall told ABC News:

“I pointed out a couple of other floats that were going past which had less covered women on them, women with exposed breasts et cetera. And they basically said, well they’re women you’re men we have to draw a line somewhere.”

Mr Tyndall believes these inspectors are an example of over-policing, and that their decisions are arbitrary and gender biased.

“Two four six eight, gay is just as good as straight!”

It has been almost four decades since Sydney’s first Mardi Gras parade. On 24 June, 1978, a number of gay men, lesbians and transgender people met at Taylor Square to march down Oxford Street to protest against the government’s anti-homosexuality laws.

After a scuffle with police at Hyde Park, the group retreated to Kings Cross, where 53 people were arrested near Kings Cross Police Station. A week later, the Sydney Morning Herald newspaper published the names and addresses of those arrested, causing many of them to lose their jobs and be evicted from their rental properties.

Thankfully, four decades later, Australia has become a more tolerant society when it comes to LQBTIQ people – and police no longer share the same hostile attitudes they once did. Years of work and cooperation have built bridges between the groups, but there is still work to do.

Last year, the City of Sydney Council voted unanimously to ask the NSW Parliament, NSW Police Force and Sydney Morning Herald to apologise to the victims of the first Mardi Gras. With the motion going before Parliament later this year, it is hoped that this long-overdue apology will finally become a reality.

Co-chair of the 78’ers, Steve Warren, told the Star Observer: “An apology from the NSW Government, and from Fairfax news, is something that many 78ers and the wider community have been calling for some time.”

To those attending this year’s Mardi Gras, stay safe, look after your mates and have a blast!

Labor MP Wants Sniffer Dogs Banned from Festivals

NSW Labor MP Jo Haylen has broken ranks with her party, calling on the Government and police to end the use of drug sniffer dogs, during a debate on health policy at the recent State Labor conference.

Ms Haylen, the member for Summer Hill, highlights the fact that sniffer dogs have proven to be ineffective in catching drug dealers; instead leading to risky behaviours such as ‘loading up’ before or during festivals – the opposite of the program’s original intentions.

“Sniffer dogs are ineffective,” she said during the conference.

“They’re wrong three quarters of the time, causing unnecessary interactions between police and young people.

“They scare young people into ingesting all of their drugs at once, and cause unnecessary over-doses.”

This is not the first time the state’s sniffer dog program has come under fire recently. Pressure has been mounting on the government to reform its drug strategy after the deaths of several festival patrons from loading up on ecstacy tablets.

Ms Haylen argues the government should instead be encouraging the use of amnesty bins and drug testing at Sydney music festivals, as ways of minimising harm.

“Rather than ruining lives with a criminal record or worse still, leaving people to take risks on their own, let’s be brave,” Ms Haylen said.

“Let’s make good evidence based public policy and once again make NSW a world leader when it comes to harm minimisation.”

Opposition health spokesman, Walt Secord, says Ms Haylen’s position does not represent ALP policy on the issue.

Tide Turning on Sniffer Dogs

Ms Haylen is just one of several NSW politicians to speak out against sniffer dogs in recent months. Earlier this year, Greens MPs David Shoebridge, Jenny Leong and Mehreen Faruqi signed an open letter calling on the government to allow pill testing at music festivals in place of sniffer dogs.

“This summer hundreds of police and many drug detection dogs will also attend music festivals. Despite the increased presence of drug detection dogs the facts remain the same: many of the young people attending music festivals will choose to take drugs. Policing has not, and will not, stop this.” the group wrote.

Other signatories include Dr Alex Wodak AM, President of the Australian Drug Law Reform Foundation and Miles Hunt, Lawyer and co-founder of the UnHarm campaign group.

Reflecting on his time as Premier of NSW, Bob Carr wrote last year that sniffer dogs at train stations had been “an issue that worried me while I was in NSW politics… I did not think it was the best use of police time… I wanted them to do things like make public transport safe and clean up Cabramatta.”

As Premier, Mr Carr oversaw the establishment of the Kings Cross Medically Supervised Injecting Centre, making NSW a world leader in harm minimisation. Without condoning heroin use, experts have recognised the bold move’s contribution to the fall in heroin related deaths over the last decade. It is hoped that pill testing could have the same effect.

Sniffer Dogs in NSW

Under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), police have the power to use sniffer dogs in a number of places, including train stations and music festivals.

Although these measures were originally intended to help police catch drug suppliers, a 2006 review of the program found it had been ineffective in this regard. Instead “the use of drug detection dogs has led to public searches of individuals in which no drugs were found, or to the detection of (mostly young) adults in possession of very small amounts of cannabis.”

More recent statistics have shown over 60% percent of searches are the result of one of these ‘false-positive’ identifications, raising doubt as to whether sniffer dog identifications are enough to constitute the ‘reasonable suspicion’ required for a search.

Rather than act as neutral observers, a 2011 study found that drug detection dogs reacted heavily to the bias of their handlers – a possible explanation for the high rate of false detections. In terms of bias, statistics reveal that a passenger boarding a train at Redfern station in 2013 was 6.5x more likely to be searched for drugs than a passenger at Central station, even though searches at Redfern were less likely to result in a drug related offence.

Given the ineffectiveness of sniffer dogs in achieving the government’s intended objective – and the tragic consequences of dangerous behaviours such as loading up – it is hoped that more politicians will see sense and start focusing on harm minimisation measures rather than wholesale and counter-productive interferences in personal liberties.

The Days of the Conventional Drug Dealer May Be Numbered

Back in the olden days, many who were involved in the drug trade put their lives on the line – risking violent retribution from rival drug dealers, or the prospect of a lengthy prison sentence if any of their associates ‘ratted’ them out.

But it seems the days of the ‘conventional’ drug dealer are numbered: a new report published by the European Monitoring Centre for Drugs and Drug Addiction suggests that more and more drug users are purchasing online following the proliferation of “dark net” marketplaces, which claim to “guarantee” anonymity.

So what will the online drug trade mean for users and suppliers – and how will it revolutionise the ways in which authorities deal with industry?

The Growth of Online Marketplaces

The digital age has seen an explosion in online drug markets – with the most notorious being The Silk Road, which was launched in 2011 and eventually shut down by the FBI in 2013.

But although authorities were quick to shut down The Silk Road, many other online drug marketplaces have taken its place – including Atlantis and Black Market Reloaded.

Online drug markets have revolutionised the way in which drugs are bought and sold. They do not have a physical location, rely heavily on encrypted network systems such as Tor – which facilitate anonymous communication between users – and use untraceable ‘cryptocurrencies’ such as Bitcoin – thereby minimising some of the risks associated with ‘street’ trading.

Online drug trading also offers additional benefits: according to the report, drugs sourced through darknet markets are generally purer than those bought off the streets, because online sellers rely on positive feedback to secure future customers.

On top of this, the report suggests that many street dealers have also benefitted from the online drug trade – with around a quarter of all online drug transactions being for larger, wholesale quantities. This suggests that street dealers are increasingly relying on online markets to source their product.

But the fact that online sellers post out drugs carries its own risks – and that it is impractical to source large quantities in this way.

Risks of Online Trading

Authorities are becoming increasingly aware of online drug markets, and have started cracking down on the masterminds behind these platforms. In August 2015, 21 people were arrested and charged with drug supply in Sydney after police spent two months investigating dark web trading platforms.

The outcome is being hailed as a significant win for police, who have promised to ramp up efforts to prosecute online dealers. Detective Chief Inspector Stuart Bell says police are now better equipped to deal with the dark web, saying:

‘Technology has allowed drug suppliers to shift their focus out of public view and away from particular geographic areas; enabling them to engage with users in the online environment…

We will continue to target the supply of illegal drugs using various methods, whether that is online or within the community.’

These sentiments are echoed by law enforcement agencies around the world. The European Commissioner for Migration, Home Affairs and Citizenship, Dimitris Avramopoulous, recently told the media that:

‘The illicit market is evolving, and so should our efforts to eliminate it. We should stop the abuse of the internet by those wanting to turn it into a drug market…

Technology is offering fresh opportunities for law enforcement to tackle online drug markets and reduce threats to public health. Let us seize these opportunities to attack the problem head-on and reduce drug supply online.’

And, as history shows us, online drug markets are notoriously short-lived. A multitude of markets have emerged since the original Silk Road was dismantled in 2013 – most of which are closed down soon after commencing operations.

Atlantis, launched in March 2013, was shut down just six months after opening; while the Black Market Reloaded – tipped to be the best thing since The Silk Road – was also closed down soon after it opened.

Despite authorities catching on, many drug law experts believe that the proliferation of online markets is more evidence that the war on drugs is futile. Steve Rolles, a spokesperson from the Transform Drug Policy Foundation, says it is a matter of simple economics:

‘If half a century of drug enforcement shows anything it’s that whilst demand remains, the market will always find a way to meet that demand while a profit opportunity exists…

The best enforcement can achieve is to displace markets, it can’t eradicate them. The darknet is just the latest chapter in a 50-year game of cat and mouse – that the drug warriors can never win.’

As one site shuts down, there are many others to take its place – suggesting that the growth of only drug marketplaces will continue into the future, using ever-more sophisticated encryption technologies to stay one step ahead of law enforcement.