IRON MOUNTAIN MINES INSTITUTE

"This would allow government fishing expeditions"

- Republican Sens. Larry E. Craig of Idaho, John E. Sununu of New Hampshire and Lisa Murkowski of Alaska were joined by Democratic Sens. Richard J. Durbin of Illinois, Russell D. Feingold of Wisconsin and Ken Salazar of Colorado in a letter to negotiators and the Senate Judiciary Committee. The provisions include the extension of “sneak and peek warrants,” searches of library and business records, and roving wiretaps. It would also allow “the government to obtain sensitive personal information". “We cannot support a conference report that would eliminate the modest protections for civil liberties that we agreed to unanimously in the Senate,” the letter said.

“What these lawsuits say is that in our country, not even the government is above the law,” said David Boies, the lawyer at Boies, Schiller & Flexner, who represents Mr. Greenberg and Starr. “When the government takes action, although it has enormous power, there are legal limits to what they can do. One of those limits is that they cannot take private property even for a good purpose if they do it in violation of legal protection or don’t give just compensation.”

Resolved, That the maintenance inviolate of the rights of the States, and especially the right of each State to order and control its own domestic institutions according to its own judgment exclusively, is essential to that balance of power on which the perfection and endurance of our political fabric depend; and we denounce the lawless invasion by armed force of the soil of any State or Territory, no matter what pretext, as among the gravest of crimes."

Again, in any law upon this subject, ought not all the safeguards of liberty known in civilized and humane jurisprudence to be introduced, so that a free man be not, in any case, surrendered as a slave? And might it not be well, at the same time to provide by law for the enforcement of that clause in the Constitution which guarantees that "the citizens of each State shall be entitled to all privileges and immunities of citizens in the several States"? - President Abraham Lincoln's inaugural address

As for EPA, "These people have done nothing but drum up a godless, heathen worship of fish."

Read more here: http://www.sacbee.com/2012/01/04/4160944/colorful-character-brings-unusual.html#mi_rss=Our%20Region#storylink=cpy
As for EPA, "These people have done nothing but drum up a godless, heathen worship of fish."

Read more here: http://www.sacbee.com/2012/01/04/4160944/colorful-character-brings-unusual.html#mi_rss=Our%20Region#storylink=cpy


As for EPA, "These people have done nothing but drum up a godless, heathen worship of fish."


ENTRY UPDATED. Received Petitioner John F. Hutchens constitutional challenge of state and federally sponsored religion; served on 06/04/2009 (NEW)

Related Quotes

  1. The Warden Of The Forest is excluded from Iron Mountain by federal obstruction; therefore the Warden Of The Forest, Iron Mountain Mines, Inc. (a)nd T. W. Arman will not be held responsible for injuries or death due to the presence of trespassers at Iron Mountain.

  2. We hereby declare our right to bear arms and organize a militia in defense of the constitutions and our private property rights

  3. I do know he's not a lawyer, but he should have been one a long time ago

  4. "Minerals like copper and zinc are necessary nutrients, not poisons. We don't threaten salmon, we eat salmon when it is served." Full Article at Sacramento Bee
In court papers he says, "Minerals like copper and zinc are necessary nutrients, not poisons. We don't threaten salmon, we eat salmon when it is served."

Read more here: http://www.sacbee.com/2012/01/04/4160944/colorful-character-brings-unusual.html#mi_rss=Our%20Region#storylink=cpy
In court papers he says, "Minerals like copper and zinc are necessary nutrients, not poisons. We don't threaten salmon, we eat salmon when it is served."

Read more here: http://www.sacbee.com/2012/01/04/4160944/colorful-character-brings-unusual.html#mi_rss=Our%20Region#storylink=cpy

I please myself with imagining a State at last which can afford to be just to all men, and to treat the individual with respect as a neighbor; which even would not think it inconsistent with its own repose if a few were to lie aloof from it, not meddling with it, nor embraced by it, who fulfilled all the duties of neighbors and fellow men. A State which bore this kind of fruit, and suffered it to drop off as fast as it ripened, would prepare the way for a still more perfect and glorious State, which I have also imagined, but not yet anywhere seen.
 - Henry David Thoreau -Resistance to Civil Government, or Civil Disobedience

Resilience – The Foundation of National Preparedness

The President’s vision for building a resilient and prepared nation is contained in his August 31 declaration of September 2011 as National Preparedness month:

“Together, we can equip our families and communities to be resilient through times of hardship and to respond to adversity in the same way America always has – by picking ourselves up and continuing the task of keeping our country strong and safe.” President Barack Obama


Chemical Catalysis


The Chemical Catalysis Program supports experimental and theoretical research directed towards the fundamental understanding of the chemistry of catalytic processes at the molecular level. The Program accepts proposals on catalytic approaches which facilitate, direct, and accelerate efficient chemical transformations. This includes the design and synthesis of catalytic and pre-catalytic species on the molecular, supramolecular, and nanometer scales; and studies of the dynamics of homogeneous and heterogeneous catalytic processes. Processes of interest include (but are not limited to) polymerization catalysis, single site catalysis, asymmetric catalysis, and biologically-inspired catalysis. Applications of modeling, theory, and simulation to catalytic processes are also relevant. Submissions that advance chemical catalysis and address national needs for sustainability are of particular interest. These include fundamental studies of energy-related catalytic processes, CO2 conversion, electrocatalysis (such as in water splitting and fuel cells), photocatalysis (such as in solar energy conversion), catalytic conversions of fossil fuels and biomass, and environmentally-friendly chemical processes.The Program does not support applied catalysis research that focuses on scale-up, processing, transport dynamics, long-term stability and other engineering aspects of catalysis. The Program also does not support biocatalysis research with purely biological enzymes and cellular systems.

Event

The End of Anonymity, the Beginning of Privacy

WATCH Series

January 19, 2012 12:00 PM  to 
January 19, 2012 1:00 PM
NSF, Room 110


Strategic Foresight Initiative

The Strategic Foresight Initiative seeks to enhance understanding of the potential impact and the policy implications of long-term global trends, disruptive change, and strategic shocks.  The Initiative provides a hub for an expanding international community of global trends experts that seeks to enhance public policy making in the United States and other key countries.  The Initiative convenes workshops that bring together policymakers, academic and think tank specialists, and business leaders to analyze long-term threats and challenges ranging from climate change, water and food shortages, to the impact of urbanization and new technologies – and how these trends interact with social, political, economic, and security factors, often to produce discontinuities that critically shape the global strategic environment affecting all nations.  The Strategic Foresight Initiative is particularly focused on forging collaboration among experts from the United States, Europe and other developed countries as well as from emerging powers such as China, India, and Brazil, and the next wave of emerging nations, from Indonesia and South Africa, to Egypt, Nigeria, and Turkey.

To read expert commentary on issues pertaining to the Strategic Foresight Initiative, please view the Disruptive Change blog.

Filed Appellant T. W. Arman original mandamus, prayers and applications for prohibition & quo warranto; mandate-citizen suit; insurance fraud (for the remainder of text, open document) Served on 12/15/2011. [8005256] (MT)
Impeach Judge Mendez
Superfund is broke

"LAW OF THE LAND"

"No man shall be deprived of his liberty or property, but by the judgment of his peers, or the law of the land. . . . . . . . . . . . " Northwest Ordinance (1787)

King John himself could not have designed a more oppressive or abusive system.
 
The Ninth Circuit noted that if the Act is read literally to make violations of Administrative Compliance Orders alone the basis for liability, then such orders "could indeed create a due
process problem." App. A-10. It therefore "interpreted" the Act to require that civil and criminal penalties be dependent on whether or not there was an underlying violation of the Act.
However, this is not an "interpretation" or "construction" of the statute; it is a rewriting of it. As the Eleventh Circuit correctly found, "no canon of statutory interpretation can trump the unambiguous language of a statute." TVA, 336 F.3d at 1255.
In Chapter 39 of the Magna Carta, the barons conditioned the circumstances under which the Crown could strip them of their property: "No free man shall be . . . stripped of his rights or possessions . . . except by the lawful judgement of his equals or by the law of the land." Magna Carta, ch. 39.
The Magna Carta thus linked the provision of adequate process to the underlying rights the barons wished to protect: "The main point in this plan, the chief grievance to be redressed, was the King's practice of attacking his barons with forces of mercenaries, seizing their persons, their families and property, and otherwise ill-treating them, without first convicting them of some offence in his curia." C.H. McIlwain, Due Process of Law in Magna Carta, 14 Colum. L. Rev. 27, 41 (1914).
As English law developed, the link between process and property solidified. Parliament codified
the Magna Carta when it passed the so-called "six statutes" interpreting Chapter 39 in 1354. The third
statute declared: " 'Item, That no man of what estate or condition that he be shall be put out of land or tenement, nor taken, nor imprisoned, nor disinherited, nor put to death, without being brought in
answer by due process of the law.' " Robert E. Riggs, Substantive Due Process in 1791, 1990 Wis. L. Rev. 941, 954 (1990) (quoting 28 Edw. 3, ch. 3 (1354)). Lord Coke also recognized that the Magna Carta was aimed at protecting property and other underlying rights by requiring an adequate process before the government could act. See Sir Edward Coke, INSTITUTES OF THE LAWS OF ENGLAND, PART II 45-46 (1641) ("No man shall be disseised, that is, put out of seison, or dispossessed of his free-hold (that is) lands, or livelihood, or of his liberties, or free customes, that is, of such franchises, and free-domes, and freecustomes, as belong to him by his free birth-right, unlesse it be by the lawfull judgement, that is, verdict of his equals (that is, of men of his own condition) or by the law of the land (that is, to speak it once for all) by the due course, and processe of law.").
Roscoe Pound noted the influence Lord Coke's reading of the Magna Carta had on American constitutional law, particularly those portions of the Institutes where Lord Coke "considers the necessity of giving one whose rights are to be affected by official action a full and fair opportunity
to meet the case against him - something we have been forgetting in much summary administrative
action nowadays." Roscoe Pound, THE DEVELOPMENT OF CONSTITUTIONAL GUARANTEES OF LIBERTY 49
The Founders thus accepted the English view that procedural requirements were a vital weapon against tyranny. This view arose not only from the influence of Lord Coke, but Sir William Blackstone's writings as well. See Charles A. Miller, The Forest of Due Process of Law, in DUE

PROCESS 3, 7 (J. Roland Pennock & John W. Chapman, eds., (1977)) (quoting Blackstone's classification of property as " 'the third absolute right, inherent in every Englishman . . . of

property: which consists in the free use, enjoyment, and disposal of all his acquisitions, without any
control or diminution, save only by the laws of the land' ").

As James Madison stated, "That is not a just government, nor is property secure under it, where the property which a man has in his personal safety and personal liberty, is violated by arbitrary seizures of one class of citizens for the service of the rest. A magistrate issuing his warrants to a press gang, would be in his proper functions in Turkey or Indostan, under appellations proverbial of the most compleat despotism." James Madison,
Property, in JAMES MADISON: WRITINGS 515, 516 (Jack N. Rakove ed., 1999).
The prevalence of this approach at the time of the country's founding is reflected in the writings of the Founders, the Due Process Clause itself, and the Northwest Ordinance, adopted in 1787, which provided: "No man shall be deprived of his liberty or property, but by the judgment of his peers, or the law of the land. . . ." Northwest Ordinance (1787),
reproduced in 1 Melvin I. Urofsky & Paul Finkelman, DOCUMENTS OF AMERICAN CONSTITUTIONAL AND LEGAL HISTORY 78 (2d ed. 2002).

Thus, since 1215, Anglo-American law has prevented the government from interfering with property
without first providing access to a "lawful judge or his equals or by the law of the land," by a "lawfull
judgement," or "due course, and processe of law." The principle and language are ancient but still relevant. "However quaint some of these ancient authorities of our law may sound to our ears, the Twentieth Century has not so far progressed as to outmode their reasoning. We should not be less humane than were Englishmen in the centuries that preceded this Republic." Solesbee, 339 U.S. at 19 .
It is well established that the use of the term "law of the land" represents an effort to reassert customary law, including procedural protections, in the place of arbitrary royal command. James W. Ely, Jr., The Oxymoron Reconsidered: Myth and Reality in the Origins of Substantive Due Process, 16 Const. Commentary 315, 320 (1999). See also Bernard Siegan, PROPERTY RIGHTS: FROM MAGNA CARTA TO THE FOURTEENTH AMENDMENT 6-28 (2001).

The question is whether Administrative Compliance Orders deprive a property owner of the use and enjoyment of his property without the property owner having had access to the "due course, and processe of law"? The answer is clearly "yes." Administrative Compliance Orders violate more than the Due Process Clause of the Fifth Amendment; they are repugnant to eight centuries of Anglo-American legal tradition and the constitution of the United States of America & State of California.
 
As Petitioners have demonstrated, Administrative Compliance Orders deprive property owners of
valuable property rights. The order here turns the Iron Mountain Mine property of Mr. T.W. Arman into a nature preserve and forbids him from excluding federal officials from the property.

The only other choice available to him is to risk crippling civil, and perhaps criminal, sanctions when at first all he wanted was a court to review the Administrative Orders to determine whether the EPA legally issued it. Moreover, the need for judicial oversight of Administrative Orders is especially urgent because the potential for abuse inherent in such orders is very high. For instance, under the Act, the EPA Administrator may issue an Administrative Compliance Order "on the basis of any information available to him" indicating that a person is violating the Act. App. A-5. The Administrator's decision can apparently be made in secret and only with the possibility of judicial review years in the future. Under the Act, there is no mechanism to immediately determine whether the "any information" relied upon by the Administrator is accurate. There is no mechanism to determine whether such information even exists. Nor is there is any mechanism to determine whether the Administrator is acting for the public's good or for some private interest. Cf. Jerrico, 446 U.S. at 242 (a prosecutor with a financial or private interest in the outcome of a proceeding violates due process). And there is no mechanism by which a property owner may inquire into the motivations, interests, or intent of the Administrator. Finally, there is no mechanism to determine whether the Administrator is simply making a mistake. The Due Process Clause is directly concerned with avoiding mistaken or unjustified deprivations of rights. See id. A mechanism that presents a property owner with a range of bad choices, but deprives her of the ability to demonstrate that the government is acting erroneously, in bad faith, or arbitrarily does not comport with due process.

Of course, it does not matter that the EPA is incorrect and that Mr. T.W. Arman is ultimately able to demonstrate that the Iron Mountain Mines, Inc. property did not, in fact, violate the Act.
 
The Due Process Clause required that Mr. T.W. Arman be provided adequate due process before that decision could deprive him of his valuable property rights. See Brody v. Village of Port Chester, 345 F.3d 103, 112 (2d Cir. 2003) ("In a procedural due process challenge, the question before the court is whether the process affording the plaintiff an opportunity to participate in governmental decision-making before being deprived of his liberty or property was accurate, not whether the government's decision to deprive the plaintiff of such liberty or property was correct.")(opinion Of Sotomayor, J.).

This is not "just government," and it is not due process. The Ninth Circuit must be deprived of juris.

former U.S. Sen. Rick Santorum went after the judicial branch during a policy speech Friday morning in Iowa, advocating for abolishing the 9th Circuit Court of Appeals

 
MODERATOR:  Do you agree that the Ninth Circuit should be abolished?

BACHMANN: Well where it needs to end is under the Constitution of the United States. That’s the real issue. Are the courts following the Constitution or aren’t they following the Constitution? It isn’t just Congress that gets it wrong, it’s the courts that get it wrong as well.

MODERATOR: But what do you do about it?

BACHMANN: Well what we need to do about it is have the — both the president and the United States Congress take their authority back and I would agree with Newt Gingrich that I think that the Congress and the president of the United States have failed to take their authority. Because now we’ve gotten to the point where we think the final arbitrator of law is the court system. It isn’t. The intention of the founders was that the courts would be the least powerful system of government.

As a legal matter, Santorum is correct here. Other than the Supreme Court, all of the Federal Courts are the creation of Congress and Congress can create or abolish courts at their own will (although the added fact of Constitutional life tenure raises the question of what happens to Federal Judges who sitting on a court that was abolished by Congress). This has happened several times in American history as the court system has expanded, contracted, and expanded again to fit the needs of a growing nation. Santorum isn’t talking about reform the judiciary for efficiency’s sake, though. He’s talking about eliminating judgeships because he doesn’t like the decisions those judges have made. It’s the kind of partisan conflict over the judiciary that we haven’t really seen since Thomas Jefferson did battle with the Federalist-dominated judiciary in the early 1800s. (President Thomas Jefferson in 1802 abolished 18 out of 35 federal judgeships.)


The Homeland Security Act renders functions of the Bureau of Alcohol, Tobacco and Firearms (ATF) into two new organizations. This Act creates with the Department of the Treasury a new Alcohol and Tobacco Tax and Trade Bureau (TTB) and moves certain law enforcement functions of ATF to the Department of Justice.

Under the Act, the Alcohol and Tobacco Tax and Trade Bureau is responsible for administration and enforcement of: Internal Revenue Code of 1986, 26 USC (IRC)

On May 26, 2011, President Barack Obama signed a four-year extension of three key provisions in the USA PATRIOT Act: [2] roving wiretaps, searches of business records (the "library records provision"), and conducting surveillance of "lone wolves" — individuals suspected of terrorist-related activities not linked to terrorist groups.[3]:

Many of the act's provisions were to sunset beginning December 31, 2005, approximately 4 years after its passage. In the months preceding the sunset date, supporters of the act pushed to make its sunsetting provisions permanent, while critics sought to revise various sections to enhance civil liberty protections.
 In July 2005, the U.S. Senate passed a reauthorization bill with substantial changes to several sections of the act, while the House reauthorization bill kept most of the act's original language.
The two bills were then reconciled in a conference committee that was criticized by Senators from
both the Republican and Democratic parties for ignoring civil liberty concerns.[4]


Federal Alcohol Administration Act

To ensure the integrity of the industry, the FAA Act includes provisions to:
Protect the revenue and ensure the integrity of the industry and require a permit to operate to
engage in the business as a producer, importer, or wholesaler of alcohol beverages;

Ensure that labeling and advertising of alcohol beverages provide adequate information to the consumer concerning the identity and quality of the product;

  • Permits methods of operation for distilleries, wineries, breweries, industrial alcohol producers and users, and tobacco manufacturers importers and exporters;
  • Regulation of the operations of distilleries, wineries, brewers, and of various industrial users of distilled spirits,

Regulate practices such as exclusive outlets, tied house arrangements, commercial bribery, and consignment sales.

The history of taxation and regulatory control on the alcohol and 
tobacco industries is as old as our nation itself. 

Since 1789, the United States Treasury Department and its Bureaus have played an integral role in writing its history and in defining our nation's identity. The Department's work with the alcohol and tobacco industries has been carried out by numerous agencies under just as many names...

The roots of it date back to the creation of the Treasury Department and the
first Federal taxes levied on distilled spirits in 1791.

After all, it was a Treasury agency that collected the first source of tax income for our new Republic: an excise tax on distilled spirits. These taxes, as called for by Alexander Hamilton, paid off our nation's debt in the Revolutionary War.

It was the Treasury Department that found itself in the middle of the
Whiskey Rebellion, an event that would later come to stand as the
first true test of our Federal government's legitimacy.

Later, Treasury collected taxes and issued stamps for alcohol and tobacco products in order to finance the Civil War. And during the early part of the twentieth century, the Treasury Department enforced the Eighteenth Amendment, and through the work of agents like Eliot Ness,
leader of “The Untouchables,” brought to justice those who used the illegal
liquor industry to finance organized crime.

alcohol abuse is being discovered among growning numbers of youth;
(1) comprehensive Federal, State, and local planning for, and
      effective use of, Federal assistance to States, and direct
      Federal assistance to community-based programs to meet the urgent
      needs of special populations, in coordination with all other
      governmental and nongovernmental sources of assistance;

Yerba buena is an aromatic herb, but may also refer to:
busted

Federal tobacco taxes were first enacted in 1794, but came and went over the years until 1864. That year, a box of 20 cigarettes was taxed at 0.8 cents. In 2009, the rate was $1.01 per pack.

States also tax cigarettes. In 2009, South Carolina taxed them at a low of 7 cents per pack, while Rhode Island taxed them at a high of $3.46 per pack.

Spirits, wine and beer are each taxed at different rates by both the federal and state governments. In 2008, the federal excise tax rates were $13.50 per proof gallon of spirits, $1.07 to $3.15 per gallon of wine depending on the wine's alcohol content, and $18 per 31-gallon barrel of beer. Each state sets its own tax rates for each type of alcohol. The lowest tax rate for spirits in 2009 was $1.50 per gallon in Maryland; the highest rate was $26.45 per gallon in Washington. For wine, the lowest tax rate in 2009 was 11 cents per gallon in Louisiana; the highest was $2.50 per gallon in Alaska. Beer was taxed at a low of 1.9 cents per gallon in Wyoming and a high of $1.07 per gallon in Alaska.

The government started taxing cigarettes and alcohol to pay back the debts it incurred during the Revolutionary War. However, social purposes have also long influenced the taxation of these items. The higher the tax, the more likely Americans are to be discouraged from consuming tobacco and alcohol. However, because tobacco and alcohol taxes are flat taxes, they fall disproportionately on the poor. In other words, it is mostly the poor who are discouraged from using tobacco and alcohol, because other income groups can afford to pay the higher taxes.

Back in 1773, taxes sparked Americans to destroy three shiploads of British tea. And in 1791, Alexander Hamilton's proposed excise tax on alcohol was enough to prompt the Whiskey Rebellion in Pennsylvania. History is full of tax rebellions, but today, it seems like most Americans are complacent when it comes to taxes. It's no wonder we have so many of them.

Becoming A Landlord: More Trouble Than It's Worth?

Is becoming a landlord worth the effort? Only you can decide. Just be sure to look before you leap and go into your new endeavor with realistic expectations and a solid game plan. By knowing what you are getting yourself into before you do it, you'll be better prepared for what you encounter and more likely to enjoy the experience. (For even more, check out our Investopedia Special Feature: Real Estate: From Crash To Cash.)


The Man with a Hoe

Bowed by the weight of centuries he leans

Upon his hoe and gazes on the ground,

The emptiness of ages in his face,

And on his back, the burden of the world.

Who made him dead to rapture and despair,

A thing that grieves not and that never hopes,

Stolid and stunned, a brother to the ox?

Who loosened and let down this brutal jaw?

Whose was the hand that slanted back this brow?

Whose breath blew out the light within this brain?

Is this the Thing the Lord God made and gave

To have dominion over sea and land;

To trace the stars and search the heavens for power;

To feel the passion of Eternity?

Is this the dream He dreamed who shaped the suns

And marked their ways upon the ancient deep?

Down all the caverns of Hell to their last gulf

There is no shape more terrible than this--

More tongued with cries against the world's blind greed--

More filled with signs and portents for the soul--

More packed with danger to the universe.

What gulfs between him and the seraphim!

Slave of the wheel of labor, what to him

Are Plato and the swing of the Pleiades?

What the long reaches of the peaks of song,

The rift of dawn, the reddening of the rose?

Through this dread shape the suffering ages look;

Time's tragedy is in that aching stoop;

Through this dread shape humanity betrayed,

Plundered, profaned and disinherited,

Cries protest to the Powers that made the world,

A protest that is also prophecy.

O masters, lords and rulers in all lands,

Is this the handiwork you give to God,

This monstrous thing distorted and soul-quenched?

How will you ever straighten up this shape;

Touch it again with immortality;

Give back the upward looking and the light;

Rebuild in it the music and the dream;

Make right the immemorial infamies,

Perfidious wrongs, immedicable woes?

O masters, lords and rulers in all lands,

How will the future reckon with this Man?

How answer his brute question in that hour

When whirlwinds of rebellion shake all shores?

How will it be with kingdoms and with kings--

With those who shaped him to the thing he is--

When this dumb Terror shall rise to judge the world,

After the silence of the centuries?

- Charles Edward Anson Markham

Buenaventura River (legend)

From Wikipedia, the free encyclopedia

The non-existent Buenaventura River, alternatively San Buenaventura River, Río Buenaventura, etc. was once believed to run from the Rocky Mountains to the Pacific Ocean in what is now the western United States. The river was chronologically the last of several imagined incarnations of an imagined Great River of the West which would be for North America west of the Rockies what the Mississippi River was east of the Rockies. The hopes were to find a waterway from coast to coast, sparing the traveling around Cape Horn at the tip of South America.[1]

Synopsis

Lohengrin

Composer: Richard Wagner

ACT I. Antwerp, c. 900s. On the banks of the Scheldt, a Herald announces King Heinrich, who asks Count Telramund to explain why the Duchy of Brabant is torn by strife and disorder. Telramund accuses his ward, Elsa, of having murdered her brother, Gottfried, heir to Brabant’s Christian dynasty. (Gottfried was actually enchanted by the evil Ortrud, whom Telramund has wed.) When Elsa is called to defend herself, she relates a dream of a knight in shining armor who will save her. The herald calls for the defender, but only when Elsa prays does the knight appear, magically drawn in a boat by a swan. He betroths himself to her on condition that she never ask his name or origin. Defeating Telramund in combat, the newcomer establishes the innocence of his bride.

Act II. Before dawn in the castle courtyard, Ortrud and the lamenting Telramund swear vengeance. When Elsa appears serenely in a window, Ortrud attempts to sow distrust in the girl’s mind, preying on her curiosity, but Elsa innocently offers the scheming Ortrud friendship. Inside, while the victorious knight is proclaimed guardian of Brabant, the banned Telramund furtively enlists four noblemen to side with him against his newfound rival. At the cathedral entrance, Ortrud and Telramund attempt to stop the wedding — she by suggesting that the unknown knight is in fact an impostor, he by accusing Elsa’s bridegroom of sorcery. Though troubled by doubt, Elsa reiterates her faith in the knight before they enter the church, accompanied by King Heinrich.

ACT III. Alone in the bridal chamber, Elsa and her husband express their love until anxiety and uncertainty at last compel the bride to ask the groom who he is and whence he has come. Before he can reply, Telramund and his henchmen burst in. With a cry, Elsa hands the knight his sword, with which he kills Telramund. Ordering the nobles to bear the body to the king, he sadly tells Elsa he will meet her later to answer her questions.

Escorting Elsa and the bier to the Scheldt, the knight tells the king he cannot now lead the army against the Hungarian invaders. He explains that his home is the temple of the Holy Grail at distant Monsalvat, to which he must return; Parsifal is his father, and Lohengrin is his name. He bids farewell and turns to his magic swan. Now Ortrud rushes in, jubilant over Elsa’s betrayal of the man who could have broken the spell that transformed her brother into a swan. But Lohengrin’s prayers bring forth Gottfried in place of his vanished swan, and after naming the boy ruler of Brabant, Lohengrin disappears, led by the dove of the Grail. Ortrud perishes, and Elsa, calling for her lost husband, falls lifeless to the ground.

-- courtesy of Opera News

  "In the law enforcement community nationally, alcoholism and divorce occur with significantly greater frequency than in many other professions." - N.J. State Police Supt. Rick Fuentes


(a) The Congress finds that - (1) alcohol is one of the most dangerous drugs and the drug most frequently abused in the United States; (2) approximately ten million, or 7 percent, of the adults in the United States are alcoholics or problem drinkers; (3) it is estimated that alcoholism and other alcohol related problems cost the United States over $43,000,000,000 annually in lost production, medical and public assistance expenditures, police and court costs, and motor vehicle and other accidents; (4) alcohol abuse is found with increasing frequency among persons who are multiple-drug abusers and among former heroin users who are being treated in methadone maintenance programs; (5) alcohol abuse is being discovered among growning numbers of youth; (6) alcohol abuse and alcoholism have a substantial impact on the families of alcohol abusers and alcoholics and contributes to domestic violence; (7) alcohol abuse and alcoholism, together with abuse of other legal and illegal drugs, present a need for prevention and intervention programs designed to reach the general population and members of high risk populations such as youth, women, the elderly, and families of alcohol abusers and alcoholics; and (8) alcoholism is an illness requiring treatment and rehabilitation through the assistance of a broad range of community health and social services and with the cooperation of law enforcement agencies, employers, employee associations, and associations of concerned individuals. (b) It is the policy of the United States and the purpose of this chapter to approach alcohol abuse and alcoholism from a comprehensive community care standpoint, and to meet the problems of alcohol abuse and alcoholism through - (1) comprehensive Federal, State, and local planning for, and effective use of, Federal assistance to States, and direct Federal assistance to community-based programs to meet the urgent needs of special populations, in coordination with all other governmental and nongovernmental sources of assistance; (2) the development of methods for diverting problem drinkers from criminal justice systems into prevention and treatment programs; (3) the development and encouragement of prevention programs designed to combat the spread of alcoholism, alcohol abuse, and abuse of other legal and illegal drugs; (4) the development and encouragement of effective occupational prevention and treatment programs within government and in cooperation with the private sector; and (5) increased Federal commitment to research into the behavioral and biomedical etiology of, the treatment of, and the mental and physical health and social and economic consequences of, alcohol abuse and alcoholism.

In 1973, there were 328,670 arrests logged in the FBI's Uniform Crime Reports (UCR) for drug law violations.

In 2007, that number rose to 1,841,182 drug law violation arrests, representing a +460.2% increase during that thirty-four year span.

Of the 1,841,182 arrests for drug law violations in 2007, 82.5% (1,518,975) were for possession of a controlled substance.

Only 17.5% (322,207) were for the sale or manufacture of a drug.

"Hispanics constituted 44% of arrestees, followed by white (27%) and black (26%) suspects. Hispanics made up more than half of arrests for cocaine powder (56%), opiates (58%), and marijuana (54%). More than three-quarters (77%) of crack cocaine arrestees were black, and half of all methamphetamine suspects were white. In 2005, 27% of suspects arrested by the DEA were non-U.S. citizens."


Title VI

Title VI amended Title 28 of the U.S. Code.

It requires the Attorney General to investigate specific allegations of federal offenses by the President, Vice President, individuals at specified salary levels in the Executive Office of the President and the Department of Justice, any Assistant Attorney General, the Director and Deputy Director of Central Intelligence, the Commissioner of the Internal Revenue Service, all such specified individuals who held office during the incumbency of the President or during the period the previous President held office, if such preceding President was of the same political party as the incumbent President, and any officer of the principal national campaign committee seeking the election or reelection of the President.

The Attorney General must decide if there is merit to the allegation within 90 days. If so, he or she must have a special prosecutor appointed who has all the power of the Department of Justice office except those specific to the Attorney General. The special prosecutor is chosen through a system wherein the Chief Justice of the United States appoints a panel of three judges from the Circuit Court of Appeals, one of which must be from the District of Columbia, who serve three-year terms and choose the special prosecutor. The special prosecutor has the authority to send any information to the United States Congress that he or she deems relevant and can provide counsel in issues that may call for impeachment of the person under investigation.

The special prosecutor can only be removed by impeachment and conviction by congress, or by the Attorney General for “substantial improprieties” or a physical or mental condition that affects performance.

The Department of Justice is required to suspend all investigations within the realm of the special prosecutor.

The Attorney General has the authority to declare anyone disqualified from participating in an investigation because of conflict of interest.

Criticism

The most adamant critics of the Ethics in Government Act were the congressmen who passed it. It was said that if it had been an anonymous vote, it would have been voted down two-to-one.[1] The Act was passed shortly after the Impeachment of Richard Nixon, the Saturday Night Massacre and a variety of other scandals on the national level. It was the first time in U.S. history when misconduct was a dominant narrative in the mainstream press. After passing a pay-raise for itself, Congress felt it needed to placate the public with the Ethics in Government Act.[1]

If the trade is ever legalized, it will cease to be profitable from that time. The more difficulties that attend it, the better for you and us."
.................................-- Directors of Jardine-Matheson 

(FIRST CORPORATE OWNERS OF IRON MOUNTAIN MINE, 1895)

Trading Company Founded in Canton, China, in 1832

William Jardine was born in 1784 in Dumfriesshire, Scotland. After studying medicine, Jardine went to work for the British East India Company as a ship's surgeon, but left the East India Company in 1832 to establish a trading company in Canton, China, with James Matheson, the son of a Scottish baronet, who had served for several years as Danish consul in China.

Trading with the Chinese was made extremely difficult by a xenophobic Manchu government, which believed that as the center of the universe, China already possessed everything in abundance and had no need for the products of "foreign barbarians." Among other things, Jardine Matheson & Company was restricted to a small plot of land on the banks of the Pearl River, near Canton, and was prevented from "keeping women" or dealing with Chinese merchants who were not officially sanctioned cohongs. On one occasion, Jardine was struck a blow to the head as he attempted to petition local authorities. Entirely unaffected by the attack, he earned the nickname "iron headed old rat" among the Chinese.

Unable to make money selling manufactured goods to the Chinese, Jardine Matheson began smuggling opium into China aboard ships chartered from Calcutta in British India. Opium clippers sailed under cover of darkness to forbidden ports, while company agents bribed harbormasters and watchmen to prevent being discovered by the authorities. The Chinese government declared the opium trade to be illegal, but was virtually powerless to stop it. Finally, Chinese authorities seized and destroyed 20,000 chests of opium worth $9 million.

Opium War Led to Founding of Hong Kong in 1842

Jardine persuaded the British Foreign Secretary Lord Palmerston to send warships to China to enforce a judgment for reparations and to preserve free trade. The hostilities that ensued became known as the First Opium War. The Chinese lost and were forced to sign a treaty on August 29, 1842, which awarded the British $6 million in reparations, opened the ports of Canton, Amoy, Foochow, Ningpo, and Shanghai, and ceded the island of Hong Kong to Britain.

Jardine Matheson purchased the first plot of land to be sold in Hong Kong and promptly moved its offices there. The colony's first governor, Sir Henry Pottinger, endorsed the opium trade (in defiance of Queen Victoria) and later won the support of Parliament, which viewed the opium trade as a method to reduce the British trade deficit with China. When the company's opium boats sailed into Hong Kong they were greeted by a cannon salute. Jardine Matheson profited greatly from its privileged position in Hong Kong, and through the strength of its opium trade, began to develop commercial interests throughout the region. Jardine Matheson became known among the local Chinese as a hong (the word implies "big company" but has no relation to the name Hong Kong), and its chairman became known as a taipan, literally a "big boss."

During this period Thomas Keswick, also from Dumfriesshire, married Jardine's niece and was subsequently taken into the Jardine family business. Their son William Keswick established a Jardine Matheson office in Yokohama, Japan in 1859 and later became a leading figure in company management. The Keswick family grew in influence within the company, largely displacing the Matheson interests.

Expanded Beyond Trading in Latter Half of 19th Century

Jardine Matheson established trading offices in major Chinese ports and helped to set up enterprises as diverse as brewing and milling cotton, in addition to trading tea and silk. The company introduced steamboats to China and, in 1876, constructed the first railroad in China, linking Shanghai with Jardine Matheson docks downriver at Woosung.

Continued hostilities between China and Britain resulted in a Second Opium War in 1860 and a war to protect colonial interests in 1898. As victors in both these wars, the British gained trade concessions and colonies throughout China and won virtually unrestricted commercial rights to conduct business in China. The opium trade, which China had been forced to recognize as legal, had become an extremely sensitive subject. Thousands of addicts (known as "hippies" because they would lie on their hips while smoking opium) had created a serious social problem. Elements in Parliament called for an end to commercial activities that perpetuated the pain and suffering of these addicts. The issue was seized by nationalists who argued for an end to the domination of colonial powers in China, and it eventually led to uprisings such as the Boxer Rebellion and the Republican Revolution. For its own protection and business interests, Jardine Matheson was forced to curtail trading opium.

Principal Subsidiaries: Jardine Matheson Ltd. (Hong Kong); Jardine Strategic Holdings Limited (Hong Kong); Jardine Pacific Ltd. (Hong Kong); Jardine International Motors Management Ltd. (Hong Kong; 75%); Jardine Lloyd Thompson Group plc (U.K.; 34%); Jardine Fleming Holdings Ltd. (Hong Kong; 50%); Matheson & Co., Ltd. (U.K.); Dairy Farm Management Services Ltd. (Hong Kong; 52%); Hongkong Land Ltd. (Hong Kong; 32%); Mandarin Oriental Hotel Group International Ltd. (Hong Kong; 51%); Cycle & Carriage Ltd. (Singapore; 23%); Jardine Matheson (Australia) Ltd.; Jardine Matheson International Services Ltd. (Bermuda); Jardine Matheson Ltd. (India); Jardine Matheson Ltd. (Indonesia); Jardine Matheson K.K. (Japan); Jardine Matheson (Malaysia) Sdn. Bhd.; Jardine Matheson Europe B.V. (Netherlands); Jardine Matheson (China) Ltd.; Jardine Davies Inc. (Philippines); Jardine Matheson (Singapore) Ltd.; Jardine, Matheson & Co., Ltd. (Taiwan); Jardine Matheson (Thailand) Ltd.; Theo. H. Davies & Co., Ltd. (U.S.A.); Jardine Pacific (Vietnam).

Since antiquity, a site along the Rio Tinto, in the Andalusian Province of Huelva in Spain has been mined for copper, silver, gold, and other minerals.[13] Approximately 3000 BC, Iberians and Tartessians began mining the site, followed by the Phoenicians, Greeks, Romans, Visigoths, and Moors. After a period of abandonment, the mines were rediscovered in 1556 and the Spanish government began operating them once again in 1724.[13]

However, Spain's mining operations there were inefficient, and the government itself was otherwise distracted by political and financial crises,[14] leading the government to sell the mines in 1873 at a price later determined to be well below actual value.[15] The purchasers of the mine were led by Hugh Matheson's Matheson and Company, which ultimately formed a syndicate consisting of Deutsche Bank (56% ownership), Matheson (24%), and railway firm Clark, Punchard and Company (20%). At an auction held by the Spanish government for sale of the mine on 14 February 1873, the group won with a bid GB£3,680,000 (ESP 92,800,000). The bid also specified that Spain permanently relinquish any right to claim royalties on the mine's production. Following purchase of the mine, the syndicate launched the Rio Tinto Company, registering it on 29 March 1873.[14] At the end of the 1880s, control of the firm was passed to the Rothschild family, who greatly increased the scale of its mining operations.[16]

STANDING FOR CLASS ACTIONS
338. Bolling v Sharpe (1954), in which the Court found segregation in the public schools of Washington,
D.C. violated the Constitution. Chief Justice Warren wrote: "The Fifth Amendment, which
is applicable in the District of Columbia, does not contain an equal protection clause as does the
Fourteenth Amendment which applies only to the states. But the concepts of equal protection and
due process, both stemming from our American ideal of fairness, are not mutually exclusive. The
"equal protection of the laws" is a more explicit safeguard of prohibited unfairness than "due process
of law," and, therefore, we do not imply that the two are always interchangeable phrases. But,
as this Court has recognized, discrimination may be so unjustifiable as to be violative of due process."

Court Finds Private Actions Allowed Under Martin Act

PRAYER & APPLICATION FOR RECOGNITION AS A PROTECTED GROUP

The general allegations of the complaint in this case
describe in vivid detail the turmoil between the native inhabitants
of the island and Rio Tinto, which led to the closure of
the mine by the local residents in protest over the environmental
destruction wrought by it. The complaint concludes its
description of the events leading to the closure of the mine by
asserting that "Bougainville is the first place in the world
where an indigenous people have forced the closure of a mine
that was raping the land and an environment, and have kept
it closed." The complaint goes on to describe the acts of violence
and mayhem intentionally inflicted by Rio Tinto after
its summoning of military force.
The complaint here amply shows why the residents of
Bougainville constitute a protected group. The complaint
defines the residents of Bougainville by reference to their "native
way of life," ancestral attachment to the land, distinct culture,
and black skin color. Moreover, the complaint alleges
that both Rio Tinto and the PNG government saw the residents
of Bougainville as a distinct group. See Compl. ("Rio
considered the native people to be inferior in every respect:
socially, economically, politically, and racially."); id. (quoting
"the former commander of the PNG forces," referring to the
residents of Bougainville as a " ‘distinctive people' "); see
also Bosnia and Herzegovina, 2007 I.C.J. at ¶ 191 (noting
that "international jurisprudence accepts a combined
subjective-objective approach to defining a protected group,"
allowing for definition both by the group itself and by outsiders).
The complaint thus adequately alleges that Bougainvilleans
possessed "particular positive characteristics" and
"particular group identity," Bosnia and Herzegovina, 2007
I.C.J. at ¶ 193, both in their own eyes and in the eyes of others.
These allegations are more than enough to support the Bougainvilleans'
status as a protected group for the purpose of
their genocide claim. This is true no matter whether they
allege the shared "social . . . and cultural" characteristics that
comprise an ethnic identity, see David L. Nersessian, The
Razor's Edge: Defining and Protecting Human Groups Under
the Genocide Convention, 36 CORNELL INT'L L.J. 293, 300
(2003) (citing "the travaux preparatoires of the Genocide
Convention"), or shared physical characteristics sufficient to
constitute an identifiable "racial" group, or a hybrid of these
or the other protected elements. As the ICTY has explained:
"National, ethnical, racial or religious group[s] are not clearly
defined in the [Genocide] Convention or elsewhere. . . .
[S]etting out such a list was designed more to describe a single
phenomenon . . . than to refer to several distinct prototypes
of human groups." Krstic, ¶¶ 555-56. Plaintiffs have
adequately alleged both ethnic and racial traits sufficient to
make them a protected group.
Moreover, according to the complaint, Rio Tinto oversaw
this mass infliction of death and suffering as a part of its pattern
of behavior on account of its worldwide view that members
of non-white races were "expendable." Thus, the
complaint alleges that this was Rio Tinto's worldwide modus
operandi: "Rio's treatment of the Bougainville people and the
environment was a part of a pattern of behavior it has perpetrated
throughout the world where it has regarded the non
Caucasian indigenous people who live in the areas in which
it is exploiting natural resources as racially inferior and
expendable."
Although the complaint's use of the term "non Caucasian"
might be read to conflict with Bosnia and Herzegovina's suggestion
that protected groups must be defined in positive
rather than negative terms, 2007 I.C.J. at ¶ 193, any conflict
here is illusory, given the complaint's extensive allegations as
to the "positive characteristics," id., of the people of Bougainville.
As in Bosnia and Herzegovina, the complaint's use of
the negative identifier is "very limited," id. at ¶ 196. The
complaint overwhelmingly describes Bougainvilleans by reference
to their own characteristics, rather than by contrast to
characteristics they did not possess.
Thus, the killings of the native people of the island were
committed on account of their race at least in part, and committed
with "intent to destroy in whole or in part a national,
ethnic[ ], racial or religious group, as such" within the meaning
of Article I of the Genocide Convention. The target was
the indigenous population of the previously pristine and isolated
island of Bougainville, whose members had previously
had "only the vaguest contact with the modern world," who
were non-white, and who shared a homogenous racial identity.
The allegations are sufficient to constitute genocide with
respect to the Islanders. Even though the complaint alleges
that Rio Tinto harbored virtually global racial animosity
toward non-white indigenous peoples, the existence of animosity
toward similar groups throughout the world cannot
negate the legal consequences of an attempt to destroy a specific
protected group in a particularized place.
[26] The complaint adequately alleges a claim of genocide.
The district court's original dismissal of the claim must be
reversed.
B. War Crimes
The complaint alleges war crimes-in the form of murder
-against the civilian population of Bougainville during a
non-international armed conflict in violation of Common
Article III of the Fourth Geneva Convention Relative to the
Protection of Civilian Persons in Time of War (Common Article
III).
1. The prohibition against war crimes is a specific,
universal, and obligatory internationally accepted
norm.
War crimes are defined primarily by the Geneva Conventions,
to which the United States, along with at least 180
nations, is a party and which constitute part of customary
international law. See, e.g., Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
S. Exec. Rep. 101-30, at 15 (1990) ("[T]he Geneva
Conventions, to which the United States and virtually all other
countries are Parties, . . . generally reflect customary international
law."). War crimes are also among the crimes of "universal
concern" in Restatement (Third), § 404.
War crimes, regrettably, continue to have an all too contemporary
resonance. A district court in Virginia has recently
recognized the status of war crimes as sufficiently specific,
obligatory, and universal to give rise to a cause of action
under the ATS:
Claims for violations of the international norm proscribing
war crimes are cognizable under the ATS.
By ratifying the Geneva Conventions, Congress has
adopted a precise, universally accepted definition of
war crimes. Moreover, through enactment of a separate
federal statute, Congress has incorporated this
precise definition into the federal criminal law. 18
U.S.C. § 2441. Thus, Congress has clearly defined
the law of nations to include a binding prohibition on
the commission of war crimes. Given this, and given
Sosa's teachings, it follows that an allegation of a
war crime states a cause of action under the ATS.
In re Xe Servs. Alien Tort Litig., 665 F. Supp. 2d 569, 582
(E.D. Va. 2009).
[27] The definition of war crimes found in Common Article
III has been agreed to by the United States and more than
180 nations party to the Geneva Convention. Common Article
III provides, in relevant part:
In the case of armed conflict not of an international
character occurring in the territory of one of the
High Contracting Parties, each Party to the conflict
shall be bound to apply, as a minimum, the following
provisions:
(1) Persons taking no active part in the hostilities . . .
shall in all circumstances be treated humanely, without
any adverse distinction founded on race, colour
. . . .
To this end, the following acts are and shall remain
prohibited at any time and in any place whatsoever
with respect to the above-mentioned persons:
of all kinds, mutilation, cruel treatment and torture
. . . .
Fourth Geneva Convention Relative to the Protection of Civilian
Persons in Time of War, art. 3, Oct. 21, 1950, 75 U.N.T.S.
287 (Geneva IV). Like the provisions in international law
defining genocide, this definition is sufficiently specific,
obligatory, and universal to give rise to an ATS claim. Defendants
do not contend otherwise.
2. International law recognizes corporate liability
for war crimes.
With respect to corporate liability for war crimes, at least
two district courts have found that corporations may be liable
for war crimes under the ATS. In re Xe Servs. Alien Tort
Litig., 665 F. Supp. 2d 569; Wissam Abdullateff Sa'eed Al-
Quraishi v. Adel Nakhla, 2010 U.S. Dist. LEXIS 76450, *92-
93 (D. Md. 2010) ("The Fourth Geneva Convention does not
limit its application based on the identity of the perpetrator of
the war crimes. Rather, its protections are based on who the
potential victims of war crimes are.").
The text of Common Article III binds "each Party to the
conflict." Geneva IV, art. III. Because parties to a conflict not
of an international character by definition must include at
least one non-state actor, entity, or group, Common Article III
cannot reasonably be interpreted to be limited to states. The
universal, obligatory, and specific nature of the jus cogens
prohibition on war crimes is analogous to the jus cogens norm
prohibiting genocide in its inclusion of states, individuals, and
groups within its prohibition. Like the Genocide Convention,
and to an even greater degree, Common Article III to the
Geneva Conventions focuses on the specific identity of the
victims rather than the identity of the perpetrators.
[28] The Eleventh Circuit has noted that corporations may
be liable under the ATS for war crimes claims. Sinaltrainal
v. Coca-Cola Co., 578 F.3d 1252, 1263 (11th Cir. 2009). We
agree and conclude that international law extends the scope of
liability for war crimes to all actors, including corporations.
3. International law recognizes aiding and abetting
liability for war crimes.
[29] Criminal aiding and abetting liability for war crimes
has been clearly established by the war crimes tribunals. See,
e.g., Prosecutor v. Kvocka, Case No. IT-98-30/1-T, Judgment
(Nov. 2, 2001) (holding an individual responsible for aiding
and abetting war crimes pursuant to the joint criminal enterprise
doctrine); Prosecutor v. Musema, Case No. ICTR-96-
13-T, Judgment (Jan. 27, 2000). See also ICTY Statute art.
7(1) (providing for aiding and abetting liability for all crimes
in its jurisdiction, including crimes against humanity and war
crimes); ICTR Statute art. 6(1) (same); Rome Statute art.
25(3)(c) (same).
Under international law, however, the required mens rea
for aiding and abetting war crimes is subject to dispute. On
the one hand, as Amici International Law Scholars describe,
the Nuremberg-era trials, the ICTY, and the ICTR have
required the mens rea of knowledge in aiding and abetting
cases. Brief of Amici Curiae International Law Scholars in
Support of Plaintiffs-Appellants at 4-16 (Feb. 18, 2010) (citing,
among other cases, United States v. Von Weizsaecker
(The Ministries Case), 14 Trials of War Criminals Before the
Nuernberg Military Tribunals under Control Council Law No.
10 (1949), Prosecutor v. Furundzija, Case No. IT-95-17/1/T,
Judgment, ¶ 236 (Dec. 10, 1998), Prosecutor v. Rutaganda,
Case No. ICTR-96-3-T, Judgment, ¶ 389-91, 416, 439 (Dec.
6, 1990)). On the other hand, the Rome Statute, art. 25(3)(c)
states that aiding and abetting must be "for the purpose" of
furthering the crime. See Doe, at *46. In accord with the
Rome Statute, Judge Katzmann's concurrence in Khulumani
concluded that aiding and abetting under international law
requires the mens rea of purpose and the actus reus of "sub-
stantial assistance." Khulumani, 504 F.3d at 277 (Katzmann,
J. concurring). See also Presbyterian Church of Sudan v. Talisman
Energy, Inc., 582 F.3d 244, 259 (2d Cir. 2009) (stating
that the mens rea for aiding and abetting liability under the
ATS is purpose and the actus reus is "practical assistance to
the principal which has a substantial effect").
[30] We need not resolve this dispute as to mens rea in
order to conclude that customary international law gives rise
to a cause of action for aiding and abetting a war crime under
the ATS. It is absolutely clear, as a matter of international
law, that at least purposive action in furtherance of a war
crime constitutes aiding and abetting that crime. Allegations
of such purposive action are therefore cognizable under the
ATS. See Sosa, 542 U.S. at 732. We reserve decision as to
whether, as Judge Pregerson suggests, allegations of knowledge
but not purpose in aiding or abetting the commission of
war crimes would also be cognizable under Sosa.
4. The complaint adequately alleges a war crimes
claim.
The complaint alleges murder of civilians during the civil
war between the people of Bougainville and the PNG, conduct
which is clearly prohibited under Common Article
III(1)(a) of the Fourth Geneva Convention. The complaint
alleges that Rio Tinto induced the military action and
intended such action, "to forcibly displace and destroy plaintiffs
and members of the Class." According to Plaintiffs, Rio
Tinto "understood and intended" that their actions would
"likely result in military action by the PNG and intended such
action to take place even if it meant the death and/or injury
of residents." Plaintiffs also allege that Rio Tinto "understood
that it had a great deal of the control over the situation" and
"knew" that this was the only way it could reopen its profitable
mine. Plaintiffs allege that Rio Tinto solicited the military
action for its own private ends and directed the military
response even "while reports of war crimes surfaced."
Judge McKeown suggests that Plaintiffs do not allege
Rio Tinto's specific intent to harm the residents of Bougainville.
"Missing," she says, "is the link between Rio Tinto and
the PNG's alleged war crimes." McKeown op. at 19419. But
Judge McKeown ignores Plaintiffs' extensive allegations that
Rio purposely induced the war crimes in order to protect its
economic interests in PNG. Plaintiffs allege that Rio issued
the PNG government "an ultimatum": displace the local residents
interfering with its mining operations, no matter the
means, or Rio would abandon all investments on PNG. When
the PNG government employed military means to fulfill Rio's
demands, Plaintiffs allege, Rio provided the PNG military
helicopters and vehicles to carry out the operations, even after
reports of war crimes became public. When initial efforts
were insufficient to displace the locals, PNG imposed a blockade
on Bougainville; Plaintiffs allege that at a meeting "between
PNG officials and two top Rio executives, one top Rio
manager encouraged continuation of the blockade to ‘starve
the bastards out . . . .' " Moreover, Rio allegedly assured the
PNG government that the continued maintenance of the
blockade was enough to prevent Rio from withdrawing from
PNG, while Rio simultaneously attempted to repress reporting
of the humanitarian crisis unfolding on the island. These allegations
support much more than "an inference of mere knowledge
on Rio Tinto's part," McKeown op. at 19419; it supports
an inference that Rio Tinto actively encouraged the killing of
Bougainvilleans. It is "sufficient factual matter" for plaintiffs
"to ‘state a claim to relief that is plausible on its face,' " even
if plaintiffs must allege that Rio Tinto specifically intended to
harm the residents of Bougainville. Ashcroft v. Iqbal, 129 S.
Ct. 1937, 1949 (2009) (quoting Bell Atlantic Corp. v. Twombly,
550 U.S. 544, 570 (2007)).
In any event, it is far from clear that such specific intent is
necessary to satisfy a mens rea of purpose under international
law. As our concurring colleagues note, Pregerson Op. at
19387 n.1, the "purpose" language of the Rome Statute's
Article 25(c)(3) "has yet to be construed by the ICC and may
be interpreted to be consistent with customary international
law, which does not contain a specific intent requirement."
Brief of Amici Curiae International Law Scholars in Support
of Plaintiffs-Appellants at 20-21 (Feb. 18, 2010). Under customary
international law, "[i]n the absence of a specific intent
requirement, a perpetrator must act intentionally, but must
only be aware of the likely outcome," in order to be held liable.
Id. at 21 (second emphasis added). Article 25(3)(c) thus
can be read to state only the "de minimus and obvious point
. . . that an aider or abettor purposely acts in a manner that has
the consequence of facilitating the commission of a crime,"
without "fram[ing] the intent of the aider or abettor with
respect to that consequence." David Scheffer & Caroline
Kaeb, The Five Levels of CSR Compliance: The Resiliency of
Corporate Liability Under the Alien Tort Statute and the Case
for a Counterattack Strategy in Compliance Theory, 29
BERKELEY J. INT'L L. 334, 355 (2011); see also Doug Cassel,
Corporate Aiding and Abetting of Human Rights Violations:
Confusion in the Courts, 6 NW. J. INT'L HUM. RTS. 304, 312-
13 (2008) ("‘[P]urpose' in the ICC Statute need not mean the
exclusive or even primary purpose. A secondary purpose,
including one inferred from knowledge of the likely consequences,
should suffice."). Because plaintiffs allege that Rio
Tinto specifically intended to harm them in aiding and abetting
the commission of war crimes, we need not decide
whether the broader interpretation of "purpose" would also
sustain liability (just as we need not decide whether allegations
of knowing but not purposive action would be cognizable).
[32] We conclude that the allegations are sufficient to state
a war crimes claim. The complaint alleges purposeful conduct
undertaken by Rio Tinto with the intent to assist in the commission
of violence, injury, and death, to the degree necessary
to keep its mines open.

A decade after then Attorney General Eliot Spitzer dusted off the long dormant Martin Act and deployed it to become the "Sheriff of Wall Street," the Court of Appeals has essentially deputized private citizens in holding for the first time that common-law tort claims are not pre-empted by the law.
"Today's decision is an important recognition that private lawsuits brought by harmed investors are compatible with our office's public enforcement role under the Martin Act," said Jennifer Givner, a spokeswoman for the attorney general. "As the Court's decision reflects, the purpose of the Martin Act is in no way impaired by private legal claims, since actions by the Attorney General and harmed investors both further the same goal: to fight fraud and deception in the securities marketplace."

For nearly 200 years, the Alien Tort Claims Act lay dormant, a one-sentence law passed by the first Congress that gave federal courts jurisdiction to hear any lawsuit brought by "an alien" for torts committed "in violation of the law of nations." Then around 1980 inventive lawyers rediscovered it as a tool for international human-rights enforcement. One judge dubbed the long-neglected law a "legal Lohengrin," after the knight in the Richard Wagner opera who magically appears in a boat drawn by a swan.

Early next year the Supreme Court will decide whether this law can be the legal vehicle for pressing multibillion-d0llar claims against corporations that lawyers believe are responsible for human-rights violations. One case, Kiobel v. Royal Dutch Petroleum, asks whether Nigerian villagers can sue the oil giant in U.S. court over the actions of government troops they say were acting on Shell's orders to protect its valuable installations in Nigeria. It is paired with another case involving the 1993 Torture Victims Protection Act. In both, the court is being asked to sort out a dispute among the federal districts about whether these laws apply to individuals only, or can be extended to organizations like Shell and the Palistinian Liberation Organization. They're scheduled to be argued Feb. 28.
The stakes are huge for corporations, which theoretically could be held liable for any actions of the government in nations where they do business, pay taxes, and rely on local forces to protect their assets.
"There have been plenty of cases where the theory is, basically, the corporation has aided and abetted the human rights violations just by doing business with the violators," said Meir Feder, an appellate lawyer in Jones Day's New York office who is active in international corporate law. "It's been a real growth industry."
Lawyers really embraced the 1789 law after the U.S. Supreme Court decided  in 2004 that a Mexican national could not use the ATS to sue the Mexican agent who abducted him on instructions of U.S. officials. It was a defeat for the plaintiff in that case, but the high court flashed "an ambiguous green light" to other lawsuits by suggesting the ATC could be used to allege torts that didn't exist when it was written in 1789.
The main question before the court when it hears the Shell and Torture Protection cases, probably in February, will be whether the laws can be applied to organizations instead of individuals. The Second Circuit Court of Appeals in New York rejected the Shell case in December 2010, saying "corporate liability is not a discernable-much less universally recognized-norm of customary international law."
The decision offers a lengthy diversion into 18th century law and politics, when pirates were a major foreign-policy concern and large parts of the world had no formal government at all. The majority concluded that while enforcing human rights was the "singular achievement" of international law after World War II, it has never been stretched to include lawsuits against corporations. The ATC applies to the actions of states and individuals,the court ruled, since ultimately only people in a position of governmental authority can bear moral responsibility for acts so heinous they rise to the level of "international crime."
Even the ever-sympathetic Ninth Circuit decided in 2010 that Chevron couldn't be sued under the ATS for the actions of Nigerian security forces when they retook an offshore oil platform that had been occupied by protesters.
(Note: The decision held another federal law covered all deaths that occur on the high seas. The Ninth in February allowed an ATS case against Rio Tinto to proceed.)
The 11th Circuit ruled for plaintiffs 2008 in a lawsuit by Colombian villagers allegedly abused by paramiliaries in the employ of a U.S. corporation. And in July of this year the influential D.C. Circuit ruled that ExxonMobil could be sued for allegedly allowing government security forces detailed to its facility in Aceh, Indonesia to commit murder, sexual assault and other crimes against villagers.
The court rejected ExxonMobil's argument that the Supreme Court had eliminated aiding and abetting liability in its pivotal Central Bank case in 1994. It still applied in the world of international crimes, the court held. None less than George Washington had issued a proclamation in 1793 warning U.S. citizens they'd be found liable for "aiding, or abetting hostilities" against any power involved in fighting in Europe.

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT 
Appeal from the United States District Court
for the Central District of California
Margaret M. Morrow, District Judge, Presiding
Argued and Submitted
September 21, 2010-San Francisco, California
Filed October 25, 2011

SAREI v. RIO TINTO
No. 09-56381
Appeal from the United States District Court
for the Central District of California
Margaret M. Morrow, District Judge, Presiding
Argued and Submitted
September 21, 2010-San Francisco, California
Filed October 25, 2011

Before: Mary M. Schroeder, Harry Pregerson,
Stephen Reinhardt, Andrew J. Kleinfeld, Barry G. Silverman,
M. Margaret McKeown, Marsha S. Berzon,
Johnnie B. Rawlinson, Consuelo M. Callahan, Carlos T. Bea,
and Sandra S. Ikuta, Circuit Judges.

Opinion by Judge Schroeder;
(EXCERPTS)

"enacted on the understanding that the common law
would provide a cause of action for the modest number of
international law violations . . . based on the present-day law
of nations . . . rest[ing] on a norm of international character
accepted by the civilized world and defined with a specificity
comparable to the features of the 18th-century paradigms we
have recognized [violation of safe conducts, infringement of
the rights of ambassadors, and piracy]." Id. at 724-25.

Internationally accepted norms must be "specific, universal,
and obligatory." Sosa, 542 U.S. at 732 (citing with approval
In re Estate of Ferdinand Marcos, Human Rights Litig. (Marcos
II), 25 F.3d 1467, 1475 (9th Cir. 1994)). Thus, in discussing
the definite nature of an international norm that gives rise
to a cause of action in an ATS suit against a private actor, the
Supreme Court also noted that "a related consideration is
whether international law extends the scope of liability for a
violation of a given norm to the perpetrator being sued, if the
defendant is a private actor such as a corporation or individual."
Id. at 732 n.20.

Extraterritoriality is generally a question of statutory interpretation
going to the merits of a case. Morrison v. Nat'l Australia
Bank Ltd., 130 S. Ct. 2869, 2877 (2010). Because the
Supreme Court in Sosa established that the ATS is a jurisdictional
statute, 542 U.S. at 712, however, and because Rio
Tinto argues that we lack jurisdiction to apply the Act
extraterritorially, we consider extraterritoriality in this case
under the heading of jurisdictional issues.
This case concerns conduct that occurred outside the
United States. Rio Tinto points to a series of cases that deny
extraterritorial effect and pertain to a variety of other statutes
in order to argue that the ATS does not apply extraterritorially.
EEOC v. Arabian Am. Oil Co. (Aramco), 499 U.S. 244
(1991) (Title VII); The Apollon, 22 U.S. 362 (1824) (Collection
Act of 1799); United States v. Palmer, 16 U.S. 610
(1818) (Act for the Punishment of Certain Crimes Against the
United States); Rose v. Himley, 8 U.S. 241 (1808) (French
condemnation laws). Additionally, in an earlier order published
in this appeal, as well as in our earlier en banc opinion,
Judge Kleinfeld dissented, as he does now, on the ground that
the ATS applies to conduct only within the United States.
[2] Our circuit has addressed this same issue once before.
In In re Estate of Ferdinand Marcos, Human Rights Litig.
(Marcos I), 978 F.2d 493, 499-501 (9th Cir. 1992), we considered
an ATS claim based on torture that took place in the
Philippines. We categorically rejected the argument that the
ATS applies only to torts committed in this country. We said,
"we are constrained by what § 1350 shows on its face: no limitations
as to the citizenship of the defendant, or the locus of
the injury." Id. at 500. In fact, the seminal and most widely
respected applications of the statute relate to conduct that took
place outside the United States. See Kadic v. Karadzic, 70
F.3d 232 (2d Cir. 1995) (Bosnia-Herzegovina); Marcos I, 978
F.2d 493 (Philippines); Filartiga v. Pena-Irala, 630 F.2d 876
(2d Cir. 1980) (Paraguay). The D.C. Circuit has recently concluded
that there is no bar to the ATS's applicability to foreign
conduct because the Supreme Court in Sosa did not
disapprove these seminal decisions and Congress, in enacting
the Torture Victim Protection Act, implicitly ratified such law
suits. Doe v. Exxon Mobil Corp., No. 09-7125, 2011 WL
2652384, at *25 (D.C. Cir. July 8, 2011); see also, Flomo v.
Firestone Nat'l Rubber, Co., No. 10-3675, 2011 WL
2675924, at *24 (7th Cir. July 11, 2011)..
Moreover, we know from Sosa, that the Congress in 1789
had overseas conduct in mind. The Supreme Court in Sosa
explained that when the Act was enacted, in 1789, piracy was
one of the paradigmatic classes of cases recognized under the
ATS. 542 U.S. at 724; see also United States v. Smith, 5
Wheat. 153, 163-180, n.a (1820) (cited favorably in Sosa, 542
U.S. at 732) (illustrating the specificity with which the law of
nations defined piracy). In fact, the North African Barbary
Pirates were the scourge of shipping at the time of the ATS's
passage. ADRIAN TINNISWOOD, PIRATES OF BARBARY: CORSAIRS,
CONQUESTS, AND CAPTIVITY IN THE 17th CENTURY MEDITERRANEAN
(2010). They roamed the Mediterranean region highjacking
trading vessels, enslaving their crews, and plundering
their cargoes. Id. Their attacks against American ships gave
rise to the creation of the U.S. Navy in 1794, shortly after the
passage of the ATS. A. B. C. WHIPPLE, TO THE SHORES OF
TRIPOLI: THE BIRTH OF THE U.S. NAVY AND MARINES (1991,
republished in 2001).
Morrison, upon which Judge Kleinfeld's dissent predominantly
relies, concerned the scope of § 10(b) of the Securities
Exchange Act of 1934. It employed a "presumption against
extraterritoriality" and tracked the presumption's lineage to
cases dating from 1932 onward. Id. at 2877-78 (citing Blackmer
v. United States, 284 U.S. 421 (1932); Foley Bros., Inc.
v. Filardo, 336 U.S. 281 (1949); Aramco, 499 U.S. 244; Smith
v. United States, 507 U.S. 197 (1993); Sale v. Haitian Ctrs.
Council, Inc., 509 U.S. 155 (1993)). There is no indication in
Morrison, however, or elsewhere, that a "presumption against
extraterritoriality" existed and could have been invoked by
Congress in 1789.
The Court held in Morrison that § 10(b) did not apply to
securities transactions conducted in other nations, stating that
"[w]hen a statute gives no clear indication of an extraterritorial
application, it has none." 130 S. Ct. at 2878. Morrison,
however, did not require that Congress use the precise word
"extraterritorial" in a statute to establish such applicability. It
required only that there be a "clear indication," stating that
such an indication may come from either the text or the context
of the statute. Id. at 2883.
[3] There is more than one "clear indication" of extraterritorial
applicability in both the ATS's text and its context. The
ATS provides for jurisdiction "of any civil action by an alien
. . . committed in violation of the law of nations or a treaty
of the United States." 28 U.S.C. § 1350. The statute creates
jurisdiction for claims brought by persons who are not citi-
zens of this country. The statute's explicit reference to the law
of nations indicates that we must look beyond the law of the
United States to international law in order to decide what torts
fall under its jurisdictional grant. Piracy was one of the paradigmatic
classes of cases recognized under the ATS when it
was enacted. These are all indications of extraterritorial applicability.
[4] In his dissent, Judge Kleinfeld acknowledges that Congress
expressly intended to include claims of piracy within the
ambit of the ATS. Nevertheless, he discounts such inclusion
for purposes of the statute's extraterritorial applicability. He
states that while piracy occurs outside the United States, it
takes place on the high seas, so there is no potential for interference
with another nation's sovereignty. He argues that,
after Morrison, the express inclusion of piracy as a claim
under the ATS can no longer support the statute's extraterritorial
application. Morrison, however, is very specific about the
language of the Securities Exchange Act of 1934 and how it
pertains to our own "national public interest." It focuses on
the domestic history of the implementation of § 10(b). Morrison
describes Congress as generally enacting statutes that
apply in our country, but says nothing about any concerns for
the sovereignty of other nations. It provides no reasoning to
undermine our conclusion that by recognizing an ATS claim
for piracy, Congress intended extraterritorial application of
the statute. Judge Kleinfeld accuses us of ignoring concerns
about interference with national sovereignty. Yet, the
Supreme Court in Sosa took such concerns fully into account
when it held that ATS jurisdiction was limited to claims in
violation of universally accepted norms. 543 U.S. at 727-28.
[5] Moreover, the ATS is a jurisdictional statute; federal
courts frequently exercise jurisdiction with regard to matters
occurring out of the country, subject to forum non conveniens
and conflict of law principles. See Filartiga, 630 F.2d at 885
("Common law courts of general jurisdiction regularly [have]
adjudicate[d] transitory tort claims between individuals over
whom they exercise personal jurisdiction, wherever the tort
occurred." (emphasis added)); see also Marcos I, 978 F.2d at
499-50 (rejecting the argument "that there is no extraterritorial
jurisdiction over civil actions based on torture"). The
norms being applied under the ATS are international, not
domestic, ones, derived from international law. As a result,
the primary considerations underlying the presumption
against extraterritoriality-the foreign relations difficulties
and intrusions into the sovereignty of other nations likely to
arise if we claim the authority to require persons in other
countries to obey our laws-do not come into play. This is
because, Judge Kleinfeld's contention notwithstanding, we
are not asserting an entitlement to "make law" for the "entire
planet." Kleinfeld op. at 19431. Instead, and especially in
light of Sosa, the ATS provides a domestic forum for claims
based on conduct that is illegal everywhere, including the
place where that conduct took place. It is no infringement on
the sovereign authority of other nations, therefore, to adjudicate
claims cognizable under the ATS, so long as the requirements
for personal jurisdiction are met.
The only circuit decision to apply Morrison in a case other
than in a securities case is Norex Petroleum v. Access Indus.,
631 F.3d 29 (2d Cir. 2010). It dealt with the Racketeer Influenced
and Corrupt Organizations Act (RICO), enacted in
1970. There, the Second Circuit, in an amended opinion,
applied the Morrison presumption and dismissed a RICO
action founded on conduct occurring in Russia. That decision
was consistent with the Second Circuit's precedent, as that
circuit had earlier held that RICO had no extraterritorial application
because it contained no language suggesting extraterritorial
applicability. See North South Fin. Corp. v. Al-Turki,
100 F.3d 1046, 1051 (2d Cir. 1996), abrogated on other
grounds by Norex.
[6] We deal with the ATS, not RICO or a securities act.
There are strong indications that Congress intended the ATS
to provide jurisdiction for certain violations of international
law occurring outside the United States, and there are no indications
to the contrary. We therefore conclude that the ATS
is not limited to conduct occurring within the United States or
to conduct committed by United States citizens. The ATS, of
course, expressly creates jurisdiction for claims asserted by
aliens, so that there can be no dispute that claims may, indeed
must, be asserted by entities that are not citizens of the United
States.
[7] There is no extraterritorial bar to applying the ATS to
the conduct alleged in this case.
B. Corporate Liability
Defendants are all corporate entities, referred to collectively
as Rio Tinto, and they contend that the ATS does not
apply to corporations. We believe there are two separate but
related inquiries with respect to corporate liability in this case.
The first is whether, as Rio Tinto argues, the statute itself bars
all corporate liability, and to the extent it applies to private
actors, permits liability only as to individuals. The second is
whether, if there is no overall statutory bar to corporate liability,
the particular internationally accepted norm alleged to
have been violated recognizes corporate liability. We deal, at
this point, with the first, and more general inquiry.
Rio Tinto urges us to hold that the ATS bars corporate liability.
This is a view that is to some extent supported by the
recent Second Circuit majority opinion in Kiobel v. Royal
Dutch Petroleum Co., holding that customary international
law as a whole "has not to date recognized liability for corporations
that violate its norms." 621 F.3d 111, 125 (2d Cir.
2010). We, however, conclude the sounder view is that
expressed in Judge Leval's concurrence. Id. at 153 (Leval, J.,
concurring) ("No principle of domestic or international law
supports the majority's conclusion that the norms enforceable
through the ATS-such as the prohibition by international
law of genocide, slavery, war crimes, piracy, etc.-apply only
to natural persons and not to corporations, leaving corporations
immune from suit and free to retain profits earned
through such acts.").
In its brief, Rio Tinto looks principally to treaties establishing
international tribunals for criminal trials-i.e. the Rome
Statute and the Rwanda War Crimes Commission-which do
not explicitly provide for corporate liability. The appropriate
inquiry, however, is to look at the ATS itself and to the international
law it incorporates. Sosa, 542 U.S. at 733.
We have already recognized the importance of looking at
the statutory language and purpose. Our circuit's most recent
decision on corporate civil liability in an international context
is Bowoto v. Chevron, 621 F.3d 1116 (2010), where we held
that the Torture Victim Protection Act's express language and
documented legislative history reflected congressional intent
to limit liability under that statute to individuals. The statute
created a civil action for recovery of damages "from an individual,"
id. at 1126, and the legislative history demonstrated
that Congress considered and rejected corporate liability, id.
at 1127.
[8] The ATS contains no such language and has no such
legislative history to suggest that corporate liability was
excluded and that only liability of natural persons was
intended. We therefore find no basis for holding that there is
any such statutory limitation. This is also the view supported
by a distinguished contemporary scholar, Harold Hongju Koh,
Separating Myth from Reality About Corporate Responsibility
Litigation, 7 J. INT'L ECON. L. 263, 266-67 (2004). The D.C.
Circuit has recently reached the same conclusion. Doe, at *84.
With respect to whether corporate liability exists in any
given ATS case, the most recent controlling Supreme Court
decision is, of course, Sosa, which defines the scope of the
ATS in terms of internationally accepted norms and frames
the question of whether a particular defendant may be held
liable in terms of the nature of the particular norm alleged to
have been violated. In discussing the definite nature of an
international norm required to invoke jurisdiction over a cause
of action under the ATS, the Court noted:
A related consideration is whether international law
extends the scope of liability for a violation of a
given norm to the perpetrator being sued, if the
defendant is a private actor such as a corporation or
individual.
542 U.S. at 733 n.20.
[9] Sosa expressly frames the relevant international-law
inquiry to be the scope of liability of private actors for a violation
of the "given norm," i.e. an international-law inquiry specific
to each cause of action asserted. See id. (citing the
Second Circuit's decision in Kadic, 70 F.3d 232, where both
the majority and the dissent applied international law principles,
and citing the D.C. Circuit's decision in Tel-Oren v. Libyan
Arab Republic, 726 F.2d 774 (D.C. Cir. 1984), which also
looks at international law). The proper inquiry, therefore,
should consider separately each violation of international law
alleged and which actors may violate it. Where no norm of
international law sufficiently "specific, universal and obligatory"
has been alleged to give rise to a cause of action, the
ATS claim must be dismissed and we need not reach the
question of corporate liability. Marcos II, 25 F.3d at 1475.
We therefore address the scope of liability for private
actors, including corporate liability, with respect to those
claims we conclude can allege a violation of a sufficiently
established international norm. There is no legitimate basis
for Rio Tinto's position that the statute itself is a complete bar
to corporate liability.
C. Aiding and Abetting Liability
[10] In this court, although not below, Rio Tinto argues
that the ATS does not encompass aiding and abetting liability.

For purposes of considering this issue, we assume, without
deciding, that the complaint alleges such liability with respect
to the war crimes that could be said to have been committed
by PNG with the aid of Rio Tinto. Like the inquiry into corporate
liability, and for similar reasons, the inquiry into aiding
and abetting liability is an international-law inquiry. See
Khulumani v. Barclay Nat'l Bank Ltd., 504 F.3d 254, 268-77
(2d Cir. 2007) (Katzmann, J. concurring) ("aiding and abetting
liability, . . . is sufficiently well established and universally
recognized to be considered customary international
law") (citations, internal quotation marks, and alterations
omitted).
[11] The Second and Eleventh Circuits have recognized
that aiding and abetting may give rise to an ATS claim.
Khulumani, 504 F.3d at 260; Romero v. Drummond Co., 552
F.3d 1303, 1315 (11th Cir. 2008) ("[T]he law of this Circuit
permits a plaintiff to plead a theory of aiding and abetting liability
under the Alien Tort Statute."). As Judge Katzman's
concurrence in Khulumani noted, in that case the United
States conceded and the defendants did not dispute, the wellestablished
international law concept of aiding and abetting.
540 F.3d at 270. The D.C. Circuit recently reached the same
conclusion. Doe, at *29. We agree. The ATS itself does not
bar aiding and abetting liability. In Part IV. B., we engage in
the required international law inquiry and discuss the availability
of aiding and abetting liability for war crimes.
D. Arising Under Jurisdiction
This is a case brought under the ATS, which is a law
enacted by our First Congress. Judge Ikuta's dissent argues,
however, that federal courts under the ATS lack jurisdiction
to adjudicate claims brought by an alien against an alien. In
her view, in adjudicating claims under the ATS we are exercising
foreign diversity jurisdiction and not dealing with a
claim "arising under" the laws of the United States pursuant
to Article III of the Constitution. Our circuit has addressed
this same issue once before in Marcos I and concluded that
ATS claims arise under federal law. 978 F.2d at 502-03.
There, we held "that Congress had the power through the
‘Arising Under' Clause of Article III of the Constitution to
enact the Alien Tort Statute." Id. Some eleven years later, we
applied that precedent while sitting en banc in Alvarez-
Machain v. United States, 331 F.3d 604, 612 (9th Cir. 2003)
(en banc), rev'd sub nom. Sosa v. Alvarez-Machain, 542 U.S.
692 (2004). Although Sosa reversed Alvarez-Machain, it did
so on unrelated grounds, and did nothing to call into question
the holding that we have jurisdiction to hear claims cognizable
under the ATS because they "arise under" federal law for
Article III purposes. Indeed, the best reading of Sosa is that
it confirms our circuit law on this point, to which we adhere
today.
Judge Ikuta's dissent emphasizes Sosa's characterization of
the ATS as a jurisdictional statute. Although the Supreme
Court in Sosa described the ATS as "jurisdictional in nature,"
542 U.S. at 713, the Court rejected defendant's argument that
the ATS "does no more than vest the federal court with jurisdiction."
Id. Rather, the Court held "that federal courts could
entertain claims once the jurisdictional grant was on the
books, because torts in violation of the law of nations would
have been recognized within the common law of the time."
See Sosa, 542 U.S. at 714 (citing Brief of Professors of Federal
Jurisdiction and Legal History as Amici Curiae in Support
of Respondents, 2004 WL 419425). The Court said:
"Although we agree the statute is in terms only jurisdictional,
we think that at the time of enactment the jurisdiction enabled
federal courts to hear claims in a very limited category
defined by the law of nations and recognized at common
law." Id. at 712.
[12] Judge Ikuta's repeated assertion that Sosa held that
the ATS is "a purely jurisdictional statute" is thus misleading,
omitting the nuance in the Sosa opinion. See Ikuta op. at
19469, 19482. What Sosa actually said is that although the
statute is written as a grant of jurisdiction, it was understood
at the time of its passage that the common law would provide
a cause of action for violations of the law of nations or a
treaty of the United States. See Sosa, 542 U.S. at 713-14. In
other words, Sosa holds that the ATS was enacted to provide
jurisdiction to hear claims brought pursuant to causes of
action that already existed at common law.
Of course, as Justice Scalia points out in Sosa, the "common
law" at the time was "the so-called general common
law," and not federal law. Id. at 739 (Scalia, J., concurring)
("General common law was not federal law under the
Supremacy Clause."). As one of our colleagues has explained,
claims arising under the general common law did not arise
under federal law or state law. "Federal and state courts adjudicating
questions of general common law were not adjudicating
questions of federal or state law, respectively-the
general common law was neither." William A. Fletcher, International
Human Rights in American Courts, 93 VA. L. REV.
IN BRIEF 1, 2 (2007) ("[B]y the early nineteenth century it had
become clear that the general law, including the law of
nations, was not federal law in either the jurisdictionconferring
or supremacy-clause sense.").
But the concept of the "common law" changed dramatically
after Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938). After
Erie, we no longer recognize a "general" common law as
applicable in federal courts. Now, when federal courts decide
claims arising under federal common law or federal statutes,
they are applying federal law. As both the Sosa majority and
Justice Scalia's concurrence point out, following Erie "[t]here
developed a specifically federal common law." Id. at 741
(Scalia, J., concurring); see also id. at 726 (maj. op.) ("Erie
. . . was the watershed in which we denied the existence of
any federal ‘general' common law . . . ." (citation omitted)).
[13] Most important for present purposes, there is no question
that claims premised on federal common law arise under
the law of the United States. See, e.g., Illinois v. City of Milwaukee,
406 U.S. 91, 100 (1972) ("We see no reason not to
give ‘laws' its natural meaning, and therefore conclude that
§ 1331 jurisdiction will support claims founded upon federal
common law as well as those of a statutory origin." (citation
omitted)); 19 C. Wright, A. Miller, & E. Cooper, Federal
Practice and Procedure § 4514, 455 (2d ed. 1996) ("A case
‘arising under' federal common law presents a federal question
and as such is within the original subject-matter jurisdiction
of the federal courts.").
Judge Ikuta's dissent insists that even today, more than seventy
years after Erie, cases brought pursuant to the ATS do
not "arise under" the Constitution or laws of the United States
for Article III purposes. In essence, she maintains that as a
claim brought under the ATS would not have arisen under the
laws of the United States for Article III purposes at the time
the ATS was enacted-because, as we have explained, the
cause of action would have been supplied by the "general"
common law, which did not confer jurisdiction-it cannot do
so now, even though the "general" common law no longer
exists. Couching her argument in terms of Congressional
intent, within the framework of the law in existence in 1789,
Judge Ikuta ignores the subsequent development of the law
that Sosa so clearly explained and endorsed taking into
account. In fact, an entire subsection of the opinion (IV.B)
was devoted to explaining why, despite the changed understanding
of "the common law," the judiciary retains the
power, "subject to vigilant doorkeeping," to recognize international
norms as actionable under the ATS. Sosa, 542 U.S.
at 729. Although Sosa gave several reasons for this holding,
most relevant to highlighting the degree to which it foreclosed
Judge Ikuta's current argument is its response to Justice
Scalia. Justice Scalia argued that the changes wrought by Erie
"preclude federal courts from recognizing any further international
norms as judicially enforceable today, absent congressional
action." Id. at 729. The majority responded:
We think an attempt to justify such a position would
be particularly unconvincing in light of what we
know about congressional understanding bearing on
this issue lying at the intersection of the judicial and
legislative powers. The First Congress, which
reflected the understanding of the framing generation
and included some of the Framers, assumed that federal
courts could properly identify some international
norms as enforceable in the exercise of [ATS] jurisdiction.
We think it would be unreasonable to
assume that the First Congress would have expected
federal courts to lose all capacity to recognize
enforceable international norms simply because the
common law might lose some metaphysical cachet
on the road to modern realism.
Id. at 729-30 (emphasis added).
Sosa went on to caution that it did not "imply that every
grant of jurisdiction to a federal court carries with it an opportunity
to develop common law." Id. at 731 n.19. It rejected the
argument that "the grant of federal-question jurisdiction
[under 28 U.S.C. § 1331] would be equally as good" as the
ATS, and for two reasons. Id. First, the ATS "was enacted on
the congressional understanding that courts would exercise
jurisdiction by entertaining some common law claims derived
from the law of nations," whereas federal question jurisdiction
pursuant to § 1331 was not "extended subject to any
comparable congressional assumption." Id. Second, although
"international disputes implicating . . . our relations with foreign
nations are one of the narrow areas in which federal
common law continues to exist," id. at 730 (citation and quotation
marks omitted, alteration in original), "a more expansive
common law power related to 28 U.S.C. § 1331" might
not be "consistent with the division of responsibilities
between federal and state courts after Erie," id. at 729 n.19.
After Erie, the federal common law is developed only in "interstitial
areas of particular federal interest." Id. at 726. In
other words, § 1331 did not make the ATS superfluous,
because only the ATS carries with it the Congressional
assumption that the judiciary would use it to develop the common
law in an area of particular federal interest: international
relations.
[14] In short, we read Sosa to permit courts to develop the
federal common law by incorporating into it certain claims
that derive from norms of international law-but only after
determining that they meet the Sosa standards limiting those
norms for ATS purposes. Sosa's limitations on claims cognizable
under the ATS, moreover, are themselves substantive
federal law, just as the Foreign Sovereign Immunities Act
(FSIA)'s statutory limitations on the sovereign immunity
defenses available to foreign governments in American courts
are substantive federal law. See FSIA, 28 U.S.C. § 1330(a);
Verlinden B.V. v. Cent. Bank of Nigeria, 461 U.S. 480, 493-94
(9183) ("At the threshold of every action in a District Court
against a foreign state, . . . the court must satisfy itself that
one of the [FSIA's] exceptions applies-and in doing so it
must apply the detailed federal law standards set forth in the
[FSIA]. Accordingly, an action against a foreign sovereign
arises under federal law, for purposes of Article III jurisdiction.").
Thus, it is by now widely recognized that the norms Sosa
recognizes as actionable under the ATS begin as part of international
law-which, without more, would not be considered
federal law for Article III purposes-but they become federal
common law once recognized to have the particular characteristics
required to be enforceable under the ATS. See Fletcher,
supra, at 8 ("[D]espite its lack of discussion, the Court's decision
necessarily implies that the federal common law of customary
international law is jurisdiction-conferring."); see
also, e.g., Harold Hongju Koh, How Is International Human
Rights Law Enforced?, 74 IND. L.J. 1397, 1413 (1999)
(describing this "legal internalization"); Harold Hongju Koh,
Is International Law Really State Law?, 111 HARV. L. REV.
1824, 1835 (1998) (same); see also Alvarez-Machain, 331
F.3d at 649-50 (O'Scannlain, J., dissenting) ("The ATS's conformity
with Article III rests on the incorporation of the law
of nations as federal common law."); RESTATEMENT (THIRD) OF
FOREIGN RELATIONS § 111, cmt. e (1987) ("[C]ases arising
under customary international law . . . are ‘Cases . . . arising
under . . . the Laws of the United States, and Treaties made
. . . under their Authority,' and therefore within the Judicial
Power of the United States under Article III, Section 2 of the
Constitution." (all but first alteration in original)).
The Supreme Court in Sosa put it this way: "[F]ederal
courts should not recognize private claims under federal common
law for violations of any international law norm with less
definite content and acceptance among civilized nations than
the historical paradigms familiar when § 1350 was enacted."
542 U.S. at 732. The clear implication of these instructions is
that claims that meet this exacting standard are "recognize[d]
. . . under federal common law." Id.; see also id. (recognizing
that ATS claims are "private claims under federal common
law for violations of . . . international law norm[s]"); id. at
745 n.* (Scalia, J., concurring) ("[A] federal-common-law
cause of action of the sort the Court reserves discretion to
create would ‘arise under' the laws of the United States . . .
for purposes of statutory federal-question jurisdiction."
(emphasis omitted)).
Judge Ikuta's assertion that "international law is not itself
part of the ‘Laws of the United States' for purposes of Article
III" is therefore not wrong, but it is incomplete. More accurately,
it should state: The norms underlying international law
torts are not itself part of the "Laws of the United States" for
purposes of Article III until they have been incorporated into
the federal common law pursuant to the exacting process
articulated in Sosa.
Other aspects of Sosa confirm this conclusion. Sosa itself
was a suit between two aliens. Two of the amicus briefs sub-
mitted on behalf of the respondent in Sosa pointed out the
alleged Article III deficiency that Judge Ikuta asserts exists
here. See Brief for the National Foreign Trade Council, et al.,
as Amici Curiae, 2004 WL 162760, at 24-25 (Jan. 23, 2004)
("Some ATS suits (including this one) feature aliens suing
aliens-making the suits ineligible for federal diversity jurisdiction.
For the suits to be maintainable, therefore, they would
have to fall under another head of Article III jurisdiction-
probably jurisdiction for ‘Cases . . . arising under . . . the
Laws of the United States.' But, . . . international law itself,
without some congressional action incorporating it into positive
domestic law, is not law of the United States for Article
III purposes. Reading the ATS as permitting suits based only
on generalized international law, with no further specification
by statute or treaty, would mean the statute attempted to provide
jurisdiction well beyond the Article III limits." (citations
omitted, emphasis in the original)); see also Brief of Washington
Legal Foundation, et al. as Amici Curiae, 2004 WL
162759, at *14-19 (Jan. 23, 2004) (arguing that "a claimed
violation of an international-law norm that has not been codified
in a federal treaty or statute does not present a federal
question or arise under federal law").
The Sosa Court's obvious awareness of the potential Article
III problem, moreover, makes even more significant
Sosa's acknowledgment that the ATS will call upon the federal
courts "to consider suits under rules that would go so far
as to claim a limit on the power of foreign governments over
their own citizens, and to hold that a foreign government or
its agent has transgressed those limits." Sosa, 542 U.S. at 727.
The paradigmatic example of a suit that could "claim a limit
on the power of foreign governments over their own citizens"
is a case such as this one, where a foreign plaintiff is suing
a foreign defendant for a tort committed in a foreign country.
We are, of course, cognizant of Sosa's warning regarding "the
potential implications for the foreign relations of the United
States of recognizing such causes," id.-a concern that we
address in Part III.B-but Sosa clearly contemplated that
courts would at least have subject-matter jurisdiction, under
appropriate circumstances, to hear cases brought under the
ATS in which foreign plaintiffs allege that they have been
wronged by their (foreign) governments. We are unwilling to
assume, as Judge Ikuta apparently does, that the Sosa Court
would warn us to be careful regarding the foreign-policy
implications of hearing a type of case over which we lack
subject matter jurisdiction entirely-particularly when the
alleged jurisdictional defects of which Judge Ikuta complains
were brought to its attention.
Others agree that Sosa stands for the proposition that
claims cognizable under the ATS arise under the federal common
law, and therefore provide subject matter jurisdiction.
See Fletcher, supra, at 7-8 (explaining that, after Sosa, we
know "that there is a federal common law of international
human rights based on customary international law" and that
"the federal common law of customary international law is
federal law in both the jurisdiction-conferring and supremacyclause
senses"); see also, e.g., Khulumani, 504 F.3d at 265
(Katzmann, J., concurring) (explaining how "Sosa makes
clear that all ATCA litigation is in fact based on federal common
law, rather than a statutory cause of action"); id. at 286
(Hall, J., concurring) ("[A]lthough the substantive norm to be
applied is drawn from international law or treaty, any cause
of action recognized by a federal court is one devised as a
matter of federal common law." (quoting the Brief for the
United States of America as Amicus Curiae at 5 (alteration in
the original))); William R. Casto, The New Federal Common
Law of Tort Remedies for Violations of International Law, 37
RUTGERS L.J. 635, 638 (2006) ("Sosa squarely holds that ATS
litigation is based upon a federal common law cause of action
. . . ."); Ernest A. Young, Sosa and the Retail Incorporation
of International Law, 120 HARV. L. REV. F. 28, 31, 33 (2007)
("Sosa is best read as recognizing a federal common law
implied right of action for the violation of certain [customary
international law] rules of decision. . . . [O]nce Sosa recognized
a federal right of action, that recognition was sufficient
to bring such claims within current understandings of Article
III's ‘arising under' jurisdiction.").
To further support the proposition that the ATS does not
arise under the laws of the United States, Judge Ikuta points
out that admiralty law does not arise under the laws of the
United States. Am. Ins. Co. v. 356 Bales of Cotton, 26 U.S.
511, 545 (1828). Judge Ikuta, however, overlooks the reason.
Admiralty law does not "arise under" federal law for Article
III purposes because admiralty and maritime law have been
carved out by the Supreme Court as special in this regard, for
reasons wholly inapplicable to claims cognizable under the
ATS. See Romero v. Intern'l Terminal Operating Co., 358
U.S. 354, 359-80 (1959).
Article III has three specific grants of subject-matter jurisdiction.
U.S. Const. art. III, § 2, cl. 1-3 (including cases arising
under, cases affecting ambassadors, and cases of
admiralty). In the seminal case upon which Judge Ikuta relies,
Chief Justice Marshall reasoned that: "The Constitution certainly
contemplates these as three distinct classes of cases;
and if they are distinct, the grant of jurisdiction over one of
them, does not confer jurisdiction over either of the other
two." 356 Bales of Cotton, 26 U.S. at 545. For that reason, as
well as for reasons specific to notions of the "general common
law" that no longer prevail, 356 Bales of Cotton held that "[a]
case in admiralty does not, in fact, arise under the Constitution
or laws of the United States." Id.
[15] In conclusion, the controlling decision of the Supreme
Court, Sosa, and the overwhelming weight of scholarly
authority all compel us to hold that an ATS case "arises
under" the laws of the United States and calls for the exercise
of federal question jurisdiction pursuant to Article III.

...

That an international tribunal has not yet held a corporation criminally
liable does not mean that an international tribunal could not
or would not hold a corporation criminally liable under customary
international law. See Jonathan A. Bush, The Prehistory
of Corporations and Conspiracy in International
Criminal Law: What Nuremburg Really Said, 109 COLUM. L.
REV. 1094, 1149-68 (2009) (exploring strategic decision not
to prosecute corporations at Nuremburg trials, after determining
that such prosecutions would have been available under a
variety of theories); cf. The Nuremberg Trial, 22 Trial of the
Major War Criminals Before the International Military Tribunal
501-17 (proceedings of Sept. 30, 1946) (declaring the
Nazi Leadership Corps, Die Geheime Staatspolizei (Gestapo)
and Der Sicherheitsdienst des Reichsführer SS (SD) (which
were indicted together), and Die Schutzstaffeln der Nationalsozialistischen
Deutschen Arbeiterpartei (SS) to be criminal
organizations). We cannot be bound to find liability only
where international fora have imposed liability. Moreover,
both the District of Columbia and the Seventh Circuits have
very recently upheld imposition of civil liability on corporations
under the ATS. Doe, at *4; Flomo, at *15. Both courts
noted that, while I.G. Farben was not criminally prosecuted
after World War II, it was dissolved and it's assets seized.
Doe, at *75-77; Flomo, at *6-7. Corporate identity is no bar
to liability under the ATS.

REINHARDT, Circuit Judge, concurring:
I. Aiding and Abetting
I continue to adhere to the view that in determining the
scope of third-party tort liability under the ATS, we are
required to "look to traditional civil tort principles embodied
in federal common law, rather than to evolving standards of
international law." Doe v. Unocal Corp, 395 F.3d 932, 965 (9th Cir. 2002) (Reinhardt, J., concurring), vacated, 395 F.3d
978. Both the majority and Judge Pregerson err in looking to
the decisions of ad hoc criminal tribunals (such as the ICTY
and ICTR) and to the Rome Statute of the International Criminal
Court, rather than to established doctrines of our own tort
law.
I agree, instead, with the reasoning of Judge Hall's concurring
opinion in Khulumani v. Barclay Nat. Bank Ltd., 504
F.3d 254 (2d Cir. 2007). As Judge Hall writes, "Sosa at best
lends Delphian guidance on the question of whether the federal
common law or customary international law represents
the proper source from which to derive a standard of aiding
and abetting liability under the [ATS]." Id. at 286 (Hall, J.,
concurring). The appropriate resolution is to rely on our own
law.
Like Judge Hall, I would apply the federal common law
aiding and abetting standard of Halberstam v. Welch, 705
F.2d 472 (D.C. Cir. 1983), which relied on Restatement (Second)
of Torts § 876(b); see also Sarei v. Rio Tinto, PLC, 487
F.3d 1193, 1202 (9th Cir. 2007), vacated, 499 F.3d 923 (citing
Restatement §§ 876-77 as among "well-settled theories of
vicarious liability under federal common law").2 This standard
provides that for a defendant to incur liability, "
(1) the party whom the defendant aids must perform
a wrongful act that causes an injury;
(2) the defendant must be generally
aware of his role as part of an overall
 illegal or tortious activity at the time
that he provides the assistance; [and]
(3) the defendant must knowingly and
substantially assist the principal violation."
Halberstam, 705 F.2d at 477.
Plaintiffs have adequately alleged
Rio Tinto's liability under this standard.
For this reason, I agree with the majority's
decision to reverse the district court's dismissal of
the war crimes claim.
II. Corporate Liability
For similar reasons, I would look to domestic law to determine
whether a corporation may be held liable under the ATS
for its violation of the law of nations.
 I join Part II of Judge McKeown's opinion, which ably explains why
corporations cannot be immune from liability for genocide or war crimes.
I therefore concur in the majority's holding that corporations may be held
liable under the ATS.
Domestic law abides
no distinction between corporate and individual tort liability,
see, e.g., The Philadelphia, Wilmington, and Baltimore R.R. Co. v.
Quigley, 62 U.S. 202, 210 (1858), and
this rule is just as clear in the ATS context as in any other.
III. Conclusion
The ATS is a jurisdictional statute,
enabling the federal courts to hear claims for a handful of torts with
"definite content and acceptance among civilized nations." Sosa v.
Alvarez-Machain, 542 U.S. 692, 732 (2004).
The role of international law is to specify these torts.
The role of domestic law is to prescribe the means of their enforcement.
 I therefore disagree with the majority to the extent that it
relies on international law in deciding the question of aiding and abetting, and
I would place a more explicit emphasis on domestic law in the
resolution of the corporate liability issue.
 I concur fully, however, in the result.

NOTICE OF POPULAR & COMMON LAW ACTION ON THE CASE;
PETITION FOR QUO WARRANTO INTERVENTION OF RIGHT:  
INDICTMENTS:
WAR CRIMES;
GENOCIDE;
AIDING & ABETTING MURDERERS;
HIGH CRIMES & GRAVE CRIMES  OF PLUNDER, PILLAGE, & SLAVERY;
CRIMES OF HOSTIS HUMANI GENERIS; TREASON,
EYE FOR EYE AND TOOTH FOR TOOTH

the family of phenethylamines

In conclusion, amphetamine ( and methylphenidate) can significantly improve the symptoms of ADHD when these mediations are appropriately prescribed and used.

Methamphetamine (USAN) (play /ˌmɛθæmˈfɛtəmn/), also known as methamfetamine (INN),[2] N-methylamphetamine, methylamphetamine, and desoxyephedrine, is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs.

Peyote & Mescaline

Peyote is a small, spineless cactus, Lophophora williamsii, whose principal active ingredient is the hallucinogen mescaline (3, 4, 5-trimethoxyphenethylamine). From earliest recorded time, peyote has been used by natives in northern Mexico and the southwestern United States as a part of their religious rites.

Production, Distribution and Prescription Data:

The DEA has observed a dramatic increase in the production and use of both methylphenidate and amphetamine. Each year, the DEA establishes an aggregate production quota (APQ) for each Schedule I and II controlled substance. This quota is based on sales and inventory data supplied by the manufacturers as well as information supplied by the Food and Drug Administration (FDA) regarding legitimate medical and research needs. The methylphenidate quota has increased from 1,768 kilograms in 1990 at which time there were two bulk manufacturers and four dosage-form manufacturers. This year, the APQ is 14, 957 kilograms with six bulk manufacturers and 19 dosage form manufacturers. Prior to 1991, domestic sales reported by the manufacturers of methylphenidate remained stable at approximately 2,000 kilograms per year. By 1999, domestic sales increased by nearly 500 percent. The amphetamine APQ has increased from 417 kilograms in 1990 with two bulk manufacturers and seven dosage form manufacturers. This year's amphetamine APQ is 9,007 kilograms with six bulk manufacturers and 19 dosage form manufacturers. This is more than a 2,000 percent increase for amphetamine in nine years (See Figure 1).


§ 1996a. Traditional Indian religious use of peyote


(a) Congressional findings and declarations
The Congress finds and declares that—
(1) for many Indian people, the traditional ceremonial use of the peyote cactus as a religious sacrament has for centuries been integral to a way of life, and significant in perpetuating Indian tribes and cultures;
(2) since 1965, this ceremonial use of peyote by Indians has been protected by Federal regulation;
(3) while at least 28 States have enacted laws which are similar to, or are in conformance with, the Federal regulation which protects the ceremonial use of peyote by Indian religious practitioners, 22 States have not done so, and this lack of uniformity has created hardship for Indian people who participate in such religious ceremonies;
(4) the Supreme Court of the United States, in the case of Employment Division v. Smith, 494 U.S. 872 (1990), held that the First Amendment does not protect Indian practitioners who use peyote in Indian religious ceremonies, and also raised uncertainty whether this religious practice would be protected under the compelling State interest standard; and
(5) the lack of adequate and clear legal protection for the religious use of peyote by Indians may serve to stigmatize and marginalize Indian tribes and cultures, and increase the risk that they will be exposed to discriminatory treatment.
(b) Use, possession, or transportation of peyote
(1) Notwithstanding any other provision of law, the use, possession, or transportation of peyote by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian religion is lawful, and shall not be prohibited by the United States or any State. No Indian shall be penalized or discriminated against on the basis of such use, possession or transportation, including, but not limited to, denial of otherwise applicable benefits under public assistance programs.
(2) This section does not prohibit such reasonable regulation and registration by the Drug Enforcement Administration of those persons who cultivate, harvest, or distribute peyote as may be consistent with the purposes of this section and section 1996 of this title.
(3) This section does not prohibit application of the provisions of section 481.111(a) of Vernon’s Texas Health and Safety Code Annotated, in effect on October 6, 1994, insofar as those provisions pertain to the cultivation, harvest, and distribution of peyote.
(4) Nothing in this section shall prohibit any Federal department or agency, in carrying out its statutory responsibilities and functions, from promulgating regulations establishing reasonable limitations on the use or ingestion of peyote prior to or during the performance of duties by sworn law enforcement officers or personnel directly involved in public transportation or any other safety-sensitive positions where the performance of such duties may be adversely affected by such use or ingestion. Such regulations shall be adopted only after consultation with representatives of traditional Indian religions for which the sacramental use of peyote is integral to their practice. Any regulation promulgated pursuant to this section shall be subject to the balancing test set forth in section 3 of the Religious Freedom Restoration Act (Public Law 103–141; 42 U.S.C. 2000bb–1).
(5) This section shall not be construed as requiring prison authorities to permit, nor shall it be construed to prohibit prison authorities from permitting, access to peyote by Indians while incarcerated within Federal or State prison facilities.
(6) Subject to the provisions of the Religious Freedom Restoration Act (Public Law 103–141; 42 U.S.C. 2000bb–1) [42 U.S.C. 2000bb et seq.], this section shall not be construed to prohibit States from enacting or enforcing reasonable traffic safety laws or regulations.
(7) Subject to the provisions of the Religious Freedom Restoration Act (Public Law 103–141; 42 U.S.C. 2000bb–1), this section does not prohibit the Secretary of Defense from promulgating regulations establishing reasonable limitations on the use, possession, transportation, or distribution of peyote to promote military readiness, safety, or compliance with international law or laws of other countries. Such regulations shall be adopted only after consultation with representatives of traditional Indian religions for which the sacramental use of peyote is integral to their practice.
(c) Definitions
For purposes of this section—
(1) the term “Indian” means a member of an Indian tribe;
(2) the term “Indian tribe” means any tribe, band, nation, pueblo, or other organized group or community of Indians, including any Alaska Native village (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians;
(3) the term “Indian religion” means any religion—
(A) which is practiced by Indians, and
(B) the origin and interpretation of which is from within a traditional Indian culture or community; and
(4) the term “State” means any State of the United States, and any political subdivision thereof.
(d) Protection of rights of Indians and Indian tribes
Nothing in this section shall be construed as abrogating, diminishing, or otherwise affecting—
(1) the inherent rights of any Indian tribe;
(2) the rights, express or implicit, of any Indian tribe which exist under treaties, Executive orders, and laws of the United States;
(3) the inherent right of Indians to practice their religions; and
(4) the right of Indians to practice their religions under any Federal or State law.

3502. "Highest and Best Use" Explained

You must determine fair market value based on the property's highest and best use. The highest and best use is the most profitable legally permissible use for which the property is physically, geographically, and economically adaptable.

Do not consider any personal value of the property to [name of property owner] or [his/her/its] need for the property. Also, do not consider the particular need of [name of condemnor] for the property.

The Treaty of Nanjing

On the 29th August, 1842 the British and Qing negotiators signed the Treaty of Nanjing which, with the two supplementary treaties, included the following major clauses: (1) Hong Kong Island to be ceded to Britain in perpetuity; (2) China to pay an indemnity of 21 million silver dollars to pay for the confiscated opium and the cost of the war, (3) five ports to be opened to foreign trade; (4) a tariff agreement entailing China's loss of tariff autonomy; (5) right of extraterritoriality (loss of Chinese jurisdiction over foreigners in China); and (6) Britain to enjoy most favoured-nation status.

The British were, of course, aware that these conditions exacted from the Chinese at gunpoint, had impaired Chinese sovereignty to a considerable extent. The question is, however, whether the significance of this event was apparent to the Chinese at the time. Recent research has shown that the first treaty arrangement was still largely perceived as part of traditional Chinese tributary diplomacy. In any case, the violent conflict with the West was confined to the maritime periphery, and the resulting treaty did not immediately undermine the notion of Chinese cultural superiority. Nevertheless it is now clear that the Opium War initiated a process of fundamental change in China's foreign relations, with further acts of foreign aggression and the imposition of subsequent 'unequal treaties' accelerating the process of dynastic decline which eventually led to the collapse of the Qing Empire in 1911.

Conclusion

In the twentieth century, the Chinese have embarked on a long and arduous struggle to expunge the humiliations which they suffered during and since the Opium War. When Hong Kong ceases to be a colony, the last reminder of that unpleasant encounter with Britain will have been eliminated. Foreign industrialists may continue to dream of the supposedly unlimited China market, but the Chinese state is once again in firm control of relations with the outside world. The Chinese are determined to keep the 'open door' sufficiently ajar to import vital technologies, while keeping all unwanted alien influences out. This is, of course, merely a return to entrenched ethnocentric tendencies of pre-Opium War days.

WASHINGTON (AP) - "U.S. Treasury Secretary Timothy Geithner is ultimately responsible" 
- Neil Barofsky, Special Inspector General of the TARP to the House
Committee on Oversight and Government Reform.
Geithner lead Fed efforts starting fall 2008 to prop up AIG with billions in emergency financing.
After becoming Treasury secretary, his department and the Fed continued
unveiling new aid packages for AIG.

During the early days of the financial crisis, after the panic
that followed the single largest one-day drop in the Dow Jones Industrial Average (when the Congress had voted against the TARP bailout...
-- and which blackmailed the Congress to vote again and provide the TARP bailout of AIG.)

(AIG monopolized the SUPERFUND insurance business of protecting the environment and the public trust
with the help of its exclusive sales agent(EPA)and their marketing experts(DOJ & NRDC.))

AIG IS THE INSURER & FIDUCIARY FOR THE "IRON MOUNTAIN MINE BILLION DOLLAR SETTLEMENT" PLUS TRUSTEE & CONTRACTOR FOR THE REMEDIAL ACTION "CLEANUP" OF IRON MOUNTAIN MINES. THE FEDERAL GOVERNMENT OWNS 90% OF AIG AND THE EPA IS OVERSIGHT AGENCY. SMELL ANYTHING?

EPA ADDS VAPOR INTRUSION TO SUPERFUND LIST OF RESPONSE ACTIONS.

GOT AAA CREDIT RATING?

Overview

American International Group was the largest insurance company in the United States before it suddenly collapsed in September 2008 under the weight of bad bets it made insuring mortgage-backed securities. The company was bailed out by the Federal Reserve Bank of New York, but even after an initial infusion of $85 billion, losses continued to grow. The later rescue packages brought the total to $182 billion, making it the biggest federal bailout in United States history.

Much of A.I.G. — an assortment of businesses that run the gamut from aircraft leasing to life insurance for Indians to retirement plans for elementary-school teachers — remained profitable. But that could not offset losses, primarily from one London-based unit, that reached $25 billion for the third quarter of 2008. Given A.I.G.’s size and the complexity of its deals, federal officials decided that a bailout was preferable to the havoc in international markets that would likely follow bankruptcy.

The  losses continued into mid-2009, as the bailout swelled to $182 billion. But by the spring of 2010, the company had reclaimed its old title — top seller of fixed annuities. The company repaid $51 billion of the government’s money and in the fall of 2010 it announced that it had reached an agreement in principle to repay the Federal Reserve for the company’s 2008 rescue, and to gradually return the ownership of its stock to the public markets. Under the plan, the Treasury Department  temporarily owned 92.1 percent of A.I.G. before it began to sell its shares.

New Questions About the Bailout

In late October 2011, an investigation by the Government Accountability Office raised new questions about the Federal Reserve’s handling of the 2008 bailout of A.I.G.

The report said that New York Fed officials offered inconsistent explanations for their decision to pay other financial companies the full amounts they were owed by A.I.G., and that some of the explanations were contradicted by other evidence. The report also asserted that the decision to pay the full amounts, rather than seeking concessions as the government later did in other cases, disregarded the expectations of senior Fed officials in Washington and the expressed willingness of some of the companies to accept smaller payments.

The conclusion echoed the findings of previous federal investigations. The rescue mission succeeded, but efforts to minimize the costs and risks borne by taxpayers were insufficient. The new report also raised concerns about the explanations subsequently offered by New York Fed officials. 

For example, the G.A.O. said that officials at first told its investigators that they had initiated discussions about possible concessions with most of the 16 companies that stood on the other side of insurance-like contracts, called credit-default swaps, with A.I.G.

Then, according to the report, the officials said they had contacted eight companies before abandoning the effort. Even then, the report said, only four of those companies confirmed that they had been contacted by the Fed.

The New York Fed declined to comment on the specific account of the negotiations.

Once a Booming Company

A.I.G.’s complicated structure and aggressive approach reflected the determination of the man who built A.I.G., Maurice R. Greenberg, to create a global empire operating in complementary businesses. Not even the company’s annual reports to shareholders or its regulatory filings offered a chart of its complex corporate structure.

Though its name is American, the company is rooted in Asia. According to company lore, its founder, Cornelius Vander Starr, a World War I veteran, traveled to Asia with only 300 Japanese yen (less than $3 today) in his pocket and started the firm in Shanghai in 1919. With a partner, he sold marine and fire insurance and expanded rapidly throughout the Philippines, Indonesia and China by hiring locals as agents and managers, a business strategy A.I.G. uses today. Nearly half of A.I.G.’s 116,000 direct employees — about 62,000 people — are in Asia.

Mr. Greenberg, who joined A.I.G. in 1960, focused on making giant commercial deals, increasing the company’s share of the life insurance business and writing what were, decades ago, unusual types of coverage, like insurance against kidnapping and protection from suits against a company’s officers and directors.

The company’s distress followed an unusual period of turmoil. Early in 2005, questions arose about financial transactions that had the effect of making the company’s earnings look better. Mr. Greenberg resigned as chief executive after regulators sent a wave of subpoenas to A.I.G.; eventually it restated earnings covering a five-year period.

In July 2010, the company agreed to pay $725 million to three Ohio pension funds to settle six-year-old claims of accounting fraud, stock manipulation and bid-rigging. Taken together with earlier settlements, A.I.G. will ladle out more than $1 billion to Ohio investors, money that will go to firefighters, teachers, librarians and other pensioners. The company said it would raise $550 million of the sum through a new public offering, to avoid drawing on taxpayer funds.

Exposure Connected to Home Loans

A.I.G.’s problems rested in its London-based financial products unit, part of its financial services group, which was exposed to securities tied to the value of home loans.

The financial products group sold credit-default swaps, complex financial contracts allowing buyers to insure securities backed by mortgages. As home values fell, the value of the underlying mortgages declined, and A.I.G. had to reduce the value of the securities on its books.

More importantly, the swaps contracts gave A.I.G.’s counterparties the right to demand that it post increasing amounts of collateral as the value of a security sunk. It was these demands for billions in collateral at a time the credit markets were freezing up that brought the company to the brink.

In September 2008, after A.I.G. failed to get a bank loan to avoid bankruptcy, the Federal Reserve agreed to an $85 billion bailout of the insurance giant. The decision marked the most radical intervention in private business in the central bank’s history. The total cost of the taxpayer bailout has since ballooned to $182 billion.

In August 2011, A.I.G. said that it had finished an “active wind-down” of its financial products division, the unit whose derivatives contracts tied to subprime mortgages — a portfolio with a notional value of more than $1.6 trillion at one point. The company said that the notional value of the financial products’ portfolio had fallen 42 percent to $198.4 billion, as the company closed out most of the remaining troublesome mortgage derivatives contracts.

Big Bonus Payments and a Change at the Top

A.I.G. became the target of widespread outrage after it was revealed on March 15, 2009, that it had paid $165 million in bonuses two days before, including some to members of the trading unit that had caused its collapse. President Obama ordered the Treasury to see if the payments could be blocked or recovered.

On March 18, at a highly charged Congressional hearing, Edward M. Liddy, A.I.G.’s chairman and chief executive at the time, said he had asked employees making more than $100,000 a year who had shared in the bonus payout to give half the money back, reflecting the public and political disgust at the idea of rewarding the same people who had helped drive the company and the economy into distress. Mr. Liddy said that some had already volunteered to give it all back but resisted releasing the names, saying some employees had received death threats.

On March 19, spurred on by a tidal wave of public anger, the House of Representatives voted 328 to 93 to get back most of the money by levying a 90 percent tax on bonuses paid by any company accepting more than $5 billion in bailout funds. But almost all the A.I.G. bonuses were returned, leaving little left to tax.

In early 2010, A.I.G. agreed to cut employee bonuses by $20 million and would distribute about $100 million. But the reductions may not be enough to appease the company’s critics, who do not accept its argument that it has to honor contracts established before its government bailout. A.I.G. first promised the retention bonuses to keep people working at its financial products unit, which traded in the derivatives that imploded in September 2008, leading to the biggest government bailout in history.

Mr. Liddy was installed by the Federal Reserve when it rescued A.I.G. in September 2008 at a salary of $1 a year. In August 2009, after 10 grueling months on a job he had taken as a form of public service, he announced his resignation, saying the job was too big and too complex as currently designed. Robert H. Benmosche, a former head of MetLife, succeeded Mr. Liddy that month.

Congressional Oversight Report

In June 2010, the Congressional Oversight Panel, a body charged with reviewing the state of financial markets and the regulators that monitor them, published a 337-page report on the A.I.G. bailout. It concluded that the Federal Reserve Bank of New York did not give enough consideration to alternatives before sinking more and more taxpayer money into A.I.G. “It is hard to escape the conclusion that F.R.B.N.Y. was just ‘going through the motions,’ ” the report said.

One of the regulators’ most controversial decisions was awarding the banks that were A.I.G.’s trading partners 100 cents on the dollar to unwind debt insurance they had bought from the firm. Critics have questioned why the government did not try to wring more concessions from the banks, which would have saved taxpayers billions of dollars.

Timothy Geithner, who became the Treasury secretary, repeatedly said that as steward of the New York Fed, he had no choice but to pay A.I.G.’s trading partners in full.

But two entirely different solutions to A.I.G.’s problems were presented to Fed officials by three of its outside advisers, according to the documents. Under those plans, the banks would have had to accept what the advisers described as “deep concessions” of as much as about 10 percent on their contracts or they might have had to return about $30 billion that A.I.G. had paid them before the bailout. Had either of these plans been implemented, A.I.G. may have been left in a far better financial position than it is today, with taxpayers at less risk and banks forced to swallow bigger losses.

Even if the waiver was warranted, experts say it unfairly handcuffed A.I.G. and has undermined the financial interests of taxpayers. If, for example, the banks misled the A.I.G. about the mortgage securities it insured, taxpayer money could be recouped from the banks through lawsuits.

Relationship with Goldman

After making too many risky, outsize financial bets and paying billions of dollars in claims to Goldman and other banks, A.I.G. has few options in getting money back from Goldman, which many at A.I.G. contend misled the company into insuring flawed mortgage deals. But as part of the bailout deal in the fall of 2008, the insurer was required to forfeit its right to sue several banks — including Goldman, Société Générale, Deutsche Bank and Merrill Lynch — over any irregularities with most of the mortgage securities it insured in the pre-crisis years.

The A.I.G. waiver and other material were released in May by the House Committee on Oversight and Government Reform amid 250,000 pages of largely undisclosed documents. The documents indicate that regulators ignored recommendations from their own advisers to force the banks to accept losses on their A.I.G. deals and instead paid the banks in full for the contracts. That decision, say critics of the A.I.G. bailout, has cost taxpayers billions of extra dollars in payments to the banks. It also contrasts with the hard line the White House took in 2008 when it forced Chrysler‘s lenders to take losses when the government bailed out the auto giant.

As a Congressional commission convened hearings on June 30, 2010, exploring the A.I.G. bailout and Goldman’s relationship with the insurer, the release of 500 pages of documents by the Financial Crisis Inquiry Commission show how Goldman’s aggressive and repeated demands for billions in cash from A.I.G. drove the insurer to the brink of failure in September 2008.

For more than a year before the government bailed out A.I.G., Goldman demanded cash from the insurer, based on Goldman’s lower valuations of mortgage securities. A.I.G. battled Goldman in an epic dispute but ultimately surrendered and sent much of the requested money.

Joseph J. Cassano, the former chief executive of the unit that insured the mortgage securities, told the inquiry commission on June 30 that he had fought back against demands for cash from banks like Goldman until his retirement from A.I.G. in March 2008.

When Mr. Cassano left, A.I.G. had put up $3 billion to shore up deterioration in mortgage securities; six months later, A.I.G. had transferred $7 billion to Goldman.

The market for mortgage securities was declining during this period, but the commission documents indicate that Goldman’s demands were far more aggressive than that of other banks.

A New Direction

The insurance giant ended up owing the Fed about $46 billion in two forms: about $20 billion in borrowings under the original revolving credit facility, and a $26 billion preferred stake that the company must redeem. A.I.G. said it would repay those amounts by the end of March 2011.

The company said it would use its own resources to pay back the $20 billion in loans, including the proceeds it expects to receive from the sale of a big overseas life insurance unit to MetLife. That sale, announced in March, should yield $6.8 billion in cash and $8.7 billion in MetLife stock, and close by the end of the year.

Still more money to repay the Fed is expected to come from an initial public offering of a second big foreign life insurance business on the Hong Kong exchange. The offering was delayed for several months while A.I.G. tried unsuccessfully to sell the unit to a British company, but A.I.G. now says the Hong Kong offering is back on. It did not provide a time frame.

In addition, the Treasury has agreed to help the Fed sever its ties with A.I.G., by providing the means for the company to redeem most of the Fed’s $26 billion in preferred interests. That money will come from the unused portion of an emergency assistance package that the Treasury made available to A.I.G. as its troubles reached a peak in early 2009.

A.I.G. said it would use $22 billion of that money to redeem an equal amount of the Fed’s preferred stake, then immediately transfer the stake to the Treasury. The company said it would redeem the remaining $4 billion with the “proceeds from future asset monetizations,” including sales of two smaller Japanese insurance units.

Taking all of those steps will end the Fed’s role as a lender to A.I.G. and an investor in the company, a role that has never fit in well with the Fed’s duties as a central bank. The Treasury will come out of the transaction with a larger preferred stake in A.I.G., but expects the company to keep taking steps to pay it down, according to the new agreement in principle.

Once the Fed has been fully repaid, the agreement calls for A.I.G. to exchange all of the Treasury’s preferred shares for 1.65 billion shares of common stock. To offset the dilution of A.I.G.’s current common shareholders, the company said it would issue up to 75 million warrants, which would allow those non-government shareholders to buy more common stock in the future, for $45 a share.

When the exchange from preferred to common has been done, the Treasury began to sell its common shares on the public markets, something it is expected to do gradually over time.

Maurice R. Greenberg, the former chief executive of the American International Group, 
sued the United States Treasury and the Federal Reserve Bank of New York on Monday, Nov. 21, 2011, contending that their takeover of the insurer in the fall of 2008 was improper and that the Fed breached its duty to A.I.G. shareholders when it unwound the company’s disastrous bets on mortgage securities.

  1. (2004 - number of DEA and FBI agents) "The DEA employed about 4,400 officers with the authority to make arrests and carry firearms as of September 2004. These DEA agents primarily investigate major narcotics violators, enforce regulations governing the manufacture and dispensing of controlled substances, and perform various other functions to prevent and control drug trafficking.

    "The FBI employed 12,242 full-time personnel with arrest and firearm authority. These agents investigate more than 200 types of federal crimes. The FBI has concurrent jurisdiction with the DEA over drug offenses under the Controlled Substances Act."

    Source: 
    Reaves, Brian, "Federal Law Enforcement Officers, 2004" (Washington, DC: USDOJ, Bureau of Justice Statistics, Jan. 2009), NCJ222984, Table 1, p. 2. As quoted from the web on 10/29/09 at http://www.ojp.usdoj.gov/bjs/dcf/enforce.htm
    http://www.ojp.usdoj.gov/bjs/pub/pdf/fleo04.pdf

  2. (2003 - sheriff's offices with drug enforcement units) "Nine in 10 sheriffs' offices regularly performed drug enforcement functions (table 29). Sheriffs' offices with drug enforcement responsibilities employed 90% of all local police officers.

    Thirty-six percent of sheriffs’ offices operated a special unit for drug enforcement with one or more officers assigned full-time (table 30). A majority of sheriffs' offices serving a population of 250,000 or more residents had a fulltime drug enforcement unit. There were an estimated 4,031 officers assigned full time to drug enforcement units nationwide. The average number of officers assigned ranged from 27 in jurisdictions with 1 million or more residents to 2 in those with fewer than 50,000 residents."

    Source: 
    Hickman, Matthew J.. and Reaves, Brian A., "Sheriffs' Offices 2003" (Washington, DC: USDOJ, Bureau of Justice Statistics, May. 2006), NCJ 211361. p. 15. As quoted from the web on 10/30/09 at http://www.ojp.usdoj.gov/bjs/dcf/enforce.htm
    http://bjs.ojp.usdoj.gov/content/pub/pdf/so03.pdf

  3. (2003 - sheriffs' officers assigned to drug task forces) "In 2003 an estimated 47% of sheriffs' offices had one or more officers assigned full time to a multi-agency drug enforcement task force (table 31), including 89% of sheriffs' offices serving 1 million or more residents. About 71% of all officers worked for a department that assigned officers to a drug task force.

    "Nationwide, an estimated 3,477 officers were assigned full time to a drug task force. The average number assigned full time ranged from 9 in sheriffs' offices serving a population of 1 million or more to 1 in those serving fewer than 10,000 residents."

    Source: 
    Hickman, Matthew J.. and Reaves, Brian A., "Sheriffs' Offices 2003" (Washington, DC: USDOJ, Bureau of Justice Statistics, May. 2006), NCJ 211361.
    http://www.ojp.usdoj.gov/bjs/pub/pdf/so03.pdf

  4. (2006 - prescription drug diversion and fraud) "According to law enforcement reporting, some individuals and criminal groups divert CPDs [controlled prescription drugs] through doctor-shopping and use insurance fraud to fund their schemes. In fact, Aetna, Inc. reports that nearly half of its 1,065 member fraud cases in 2006 (the latest year for which data are available) involved prescription benefits, and most were related to doctor-shopping, according to the Coalition Against Insurance Fraud (CAIF). CAIF further reports that diversion of CPDs collectively costs insurance companies up to $72.5 billion annually, nearly two-thirds of which is paid by public insurers. Individual insurance plans lose an estimated $9 million to $850 million annually, depending on each plan’s size; much of that cost is passed on to consumers through higher annual premiums."

    Source: 
    National Drug Intelligence Center, Drug Enforcement Administration, "National Prescription Drug Threat Assessment," (Washington DC, April 2009), p. 20.
    http://www.justice.gov/ndic/pubs33/33775/33775p.pdf

  5. Crime - Law and Policy

    The Controlled Substances Act of 1970:

    "(a) Establishment There are established five schedules of controlled substances, to be known as schedules I, II, III, IV, and V ...."

    "(b).... The findings required for each of the schedules are as follows:

    "(1) Schedule I. - (A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has no currently accepted medical use in treatment in the United States. (C) There is a lack of accepted safety for use of the drug or other substance under medical supervision.

    "(2) Schedule II. - (A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions. (C) Abuse of the drug or other substances may lead to severe psychological or physical dependence.

    "(3) Schedule III. - (A) The drug or other substance has a potential for abuse less than the drugs or other substances in schedules I and II. (B) The drug or other substance has a currently accepted medical use in treatment in the United States. (C) Abuse of the drug or other substance may lead to moderate or low physical dependence or high psychologicaldependence.

    "(4) Schedule IV. - (A) The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule III. (B) The drug or other substance has a currently accepted medical use in treatment in the United States. (C) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule III.

    "(5) Schedule V. - (A) The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule IV. (B) The drug or other substance has a currently accepted medical use in treatment in the United States. (C) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule IV."

    Source: 
    U.S. Code. Title 21, Chapter 13 -- Drug Abuse Prevention and Control -- Section 812, Schedules of Controlled Substances, p. 384.
    http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc21.wais&start=2717826&SIZE=24600&TYPE=PDF
    http://mapinc.org/url/1NCZaa7Q

  6. "Initial schedules of controlled substances Schedules I, II, III, IV, and V shall, unless and until amended (FOOTNOTE 1) pursuant to section 811 of this title, consist of the following drugs or other substances:"

    SCHEDULE I
    (b): (10) Heroin
    (c): (2) 5-methoxy-3,4-methylenedioxy amphetamine [MDMA]. (8) Ibogaine. (9) Lysergic acid diethylamide [LSD] . (10) Marihuana [marijuana, cannabis]. (11) Mescaline. (12) Peyote. (15) Psilocybin. (16) Psilocyn. (17) Tetrahydrocannabinols.
    Sec. 3: Gamma hydroxybutyric acid (GHB)

    SCHEDULE II
    (a): (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate. (3) Opium poppy and poppy straw. (4) coca (FOOTNOTE 3) leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine, its salts, optical and geometric isomers, and salts of isomers ...
    (b:): (6) Fentanyl. (4) Dihydrocodeine. (11) Methadone.

    SCHEDULE III
    (a): (1) Amphetamine
    (e): Anabolic steroids

    SCHEDULE IV
    (1) Barbital. (7) Meprobamate [Milltown].

    SCHEDULE V
    (1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams.
    (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.

    Source: 
    U.S. Code. Title 21, Chapter 13 -- Drug Abuse Prevention and Control -- Section 844, Penalties for Simple Possession, pp. 385-387.
    http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc21.wais&start=2717826&SIZE=24600&TYPE=PDF
    http://mapinc.org/url/1NCZaa7Q
    http://www.deadiversion.usdoj.gov/schedules/orangebook/e_cs_sched.pdf

  7. Sec. 844. Penalties for simple possession [of Controlled Substances in the United States]

    STATUTE
    (a) Unlawful acts; penalties
    It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while cting in the course of his professional practice, or except as otherwise authorized by this subchapter or subchapter II of this chapter."

    "Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year ....."

    "if he commits such offense after a prior conviction under this subchapter or subchapter II of this chapter, or a prior conviction for any drug, narcotic, or chemical offense chargeable under the law of any State, has become final, he shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500 ...."

    "if he commits such offense after two or more prior convictions under this subchapter or subchapter II of this chapter, or two or more prior convictions for any drug, narcotic, or chemical offense chargeable under the law of any State, or a combination of two or more such offenses have become final, he shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000."

    Source: 
    U.S. Code. Title 21, Chapter 13 -- Drug Abuse Prevention and Control -- Section 844, Penalties for Simple Possession, pp. 416-417.
    http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc21.wais&start=2939781&SIZE=9863&TYPE=PDF
    http://mapinc.org/url/0npxgLDk

  8. Sec. 844. Penalties for simple possession [of Controlled Substances - also called the Crack/Powder Cocaine Disparity]

    STATUTE
    (a) Unlawful acts; penalties
    ".... Notwithstanding the preceding sentence, a person convicted under this subsection for the possession of a mixture or substance which contains cocaine base shall be imprisoned not less than 5 years and not more than 20 years, and fined a minimum of $1,000, if the conviction is a first conviction under this subsection and the amount of the mixture or substance exceeds 5 grams, if the conviction is after a prior conviction for the possession of such a mixture or substance under this subsection becomes final and the amount of the mixture or substance exceeds 3 grams, or if the conviction is after 2 or more prior convictions for the possession of such a mixture or substance under this subsection become final and the amount of the mixture or substance exceeds 1 gram."

    UPDATE: On August 3, 2010, President Obama signed the Fair Sentencing Act of 2010. Per the Sentencing Project, "the minimum quantity of crack cocaine that triggers a 5-year mandatory minimum from 5 grams to 28 grams, and from 50 grams to 280 grams to trigger a 10-year mandatory minimum sentence. The amount of powder cocaine required to trigger the 5 and 10-year mandatory minimums remains the same, at 500 grams and 5 kilograms, respectively. The legislation also eliminates the mandatory minimum for simple possession of crack cocaine. The quantity disparity between crack and powder cocaine has moved from 100 to 1 to 18 to 1."

    Source: 
    U.S. Code. Title 21, Chapter 13 -- Drug Abuse Prevention and Control -- Section 844, Penalties for Simple Possession, p. 417.
    http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc21.wais&start=2939781&SIZE=9863&TYPE=PDF
    http://mapinc.org/url/0npxgLDk
    The Sentencing Project, "Fair Sentencing Act Signed by President Obama," August 3, 2010.
    http://www.sentencingproject.org/detail/news.cfm?news_id=984&id=164

  9. "The 5-part test for fulfilling the accepted medical use criteria of Schedule II is now comprised of the following:

    • the drug’s chemistry must be known and reproducible;
    • there must be adequate safety studies;
    • there must be adequate and well-controlled studies proving efficacy;
    • the drug must be accepted by qualified experts; and
    • the scientific evidence must be widely available.

    A drug must meet all 5 criteria to be considered for rescheduling by the DEA."

    Source: 
    American Medical Association, Council on Science and Public Health, "Report 3 of the Council on Science and Public Health: Use of Cannabis for Medicinal Purposes" (December 2009) p. 8.
    http://americansforsafeaccess.org/downloads/AMA_Report.pdf

  10. (origin of the CSA) "With increasing use of marijuana and other street drugs during the 1960s, notably by college and high school students, federal drug-control laws came under scrutiny. In July 1969, President Nixon asked Congress to enact legislation to combat rising levels of drug use. Hearings were held, different proposals were considered, and House and Senate conferees filed a conference report in October 1970. The report was quickly adopted by voice vote in both chambers and was signed into law as the Comprehensive Drug Abuse Prevention and Control Act of 1970. ... Included in the new law was the Controlled Substances Act."

    Source: 
    Eddy, Mark, "Medical Marijuana: Review and Analysis of Federal and State Policies," Congressional Research Service (Washington, DC: March 31, 2009), p. 3.
    http://www.fas.org/sgp/crs/misc/RL33211.pdf

  11. (placement of drugs in the CSA) "As this paper demonstrates, the pharmacological effect of a drug does not necessarily determine how a drug will be governed. Rather, it is the way a drug is framed that determines how the drug will be popularly understood and ultimately regulated. According to the Regulatory Regime / Norms model, the meaning of any drug (how it is perceived or understood) is initially ambiguous and indeterminate. As a result, the project of getting a drug into a particular regulatory regime is about allocating specific meaning and significance to the drug in order to prompt individuals to think and feel about the drug in a way that allows for regime placement. This is accomplished by framing a drug to match the norms of a particular regime. Thus, the critical work at the level of regulation is in the framing."

    "Once a group has persuasively framed a drug in a way that resonates with the norms of its regime of choice, then the drug may be placed in that regime, regardless of whether the designation decision is supported by scientific or medical evidence. As we have seen with cocaine, marijuana and anabolic steroids, however, if a drug in the criminal regulatory regime is closely associated with socially maligned groups or racial minorities, then it is substantially more difficult for the drug to eventually migrate out of the regime."

    Source: 
    Paul-Emile, Kimani, "Making Sense of Drug Regulation: A Theory of Law for Drug Control Policy," Fordham University School of Law, Cornell Journal of Law and Policy (December 2009), p. 52.
    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1523401

  12. (crime - law & policy - temporary scheduling) "Because policymakers were concerned about the effects of pharmaceutically created and other modified drugs, Congress gave the Attorney General the authority to temporarily place a substance onto Schedule I of the CSA to “avoid imminent hazards to public safety.”13 When determining whether there is an imminent hazard, the Attorney General (through the DEA) must consider the drug’s history and current pattern of abuse; scope, duration, and significance of abuse; and risk to public health. Once scheduled through this temporary scheduling process, a substance may remain on Schedule I for one year. The Attorney General then has the authority to keep the substance on Schedule I for an additional six months before it must be removed or permanently scheduled."

    Source: 
    Sacco, Lisa N. and Finklea, Kristin M., "Synthetic Drugs: Overview and Issues for Congress, Congressional Research Service (Washington, DC: Library of Congress, October 28, 2011), p. 3.
    http://www.fas.org/sgp/crs/misc/R42066.pdf

  13. Crime - Research

    (effects of decriminalization) "Generalizing from the findings on Prohibition, we can hypothesize that decriminalization would increase the use of the previously criminalized drug, but would decrease violence associated with attempts to control illicit markets and as resolutions to disputes between buyers and sellers. Moreover, because the perception of violence associated with the drug market can lead people who are not directly involved to be prepared for violent self-defense, there could be additional reductions in peripheral settings when disputes arise (see Blumstein & Cork, 1997; Sheley & Wright, 1996)."

    Source: 
    Jensen, Gary F., "Prohibition, Alcohol, and Murder: Untangling Countervailing Mechanisms," Homicide Studies, Vol. 4, No. 1 (Sage Publications: Thousand Oaks, CA, February 2000), pp. 33-4.
    http://www.ncjrs.gov/App/publications/Abstract.aspx?id=180958

  14. (prohibition, alcohol consumption, and homicide) "The data are quite consistent with the view that Prohibition at the state level inhibited alcohol consumption, and an attempt to explain correlated residuals by including omitted variables revealed that enforcement of Prohibitionist legislation had a significant inhibiting effect as well. Moreover, both hypotheses about the effects of alcohol and Prohibition are supported by the analysis. Despite the fact that alcohol consumption is a positive correlate of homicide (as expected), Prohibition and its enforcement increased the homicide rate."

    Source: 
    Jensen, Gary F., "Prohibition, Alcohol, and Murder: Untangling Countervailing Mechanisms," Homicide Studies, Vol. 4, No. 1 (Sage Publications: Thousand Oaks, CA, February 2000), p. 31.
    http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=170654

  15. (alcohol and violent crime) "Contrary to conventional wisdom and popular myth, alcohol is more tightly linked with more violent crimes than crack, cocaine, heroin or any other illegal drug. In state prisons, 21 percent of inmates in prison for violent crimes were under the influence of alcohol--and no other substance--when they committed their crime; in contrast, at the time of their crimes, only three percent of violent offenders were under the influence of cocaine or crack alone, only one percent under the influence of heroin alone."

    Source: 
    Califano, Joseph, Behind Bars: Substance Abuse and America's Prison Population, Forward by Joseph Califano, The National Center on Addiction and Substance Abuse at Columbia University (1998).
    http://www.casacolumbia.org/absolutenm/articlefiles/379-Behind%20Bars.pd...

  16. (effect of police crackdowns) The Canadian Medical Association Journal published research on the impact of a police crackdown on a public illicit drug market in the Downtown Eastside (DTES) section of Vancouver, British Columbia, Canada. The researchers found that:

    "Our results probably explain reports of increased injection drug use, drug-related crime and other public-order concerns in neighbourhoods where activities related to illicit drug use and the sex trade emerged or intensified in the wake of the crackdown. Such displacement has profound public-health implications if it "normalizes" injection drug use among previously unexposed at-risk youth. Furthermore, since difficulty in obtaining syringes has been shown to be a significant factor in promoting syringe sharing among IDUs in Vancouver, displacement away from sources of sterile syringes may increase the rates of bloodborne diseases. Escalated police presence may also explain the observed reduction in willingness to use a safer injection facility.33 It is unlikely that the lack of benefit of the crackdown was due to insufficient police resources. Larger crackdowns in the United States, which often involved helicopters to supplement foot and car patrols, have not had measurable benefits and have instead been associated with substantial health and social harms."

    Source: 
    Wood, Evan, Patricia M. Spittal, Will Small, Thomas Kerr, Kathy Li, Robert S. Hogg, Mark W. Tyndall, Julio S.G. Montaner, Martin T. Schechter, "Displacement of Canada's Largest Public Illicit Drug Market In Response To A Police Crackdown," Canadian Medical Association Journal, May 11, 2004: 170(10), pp. 1554-1555.
    http://www.ecmaj.ca/cgi/reprint/170/10/1551

  17. (effect of police crackdowns) The Canadian Medical Association Journal published research on the impact of a police crackdown on a public illicit drug market in the Downtown Eastside (DTES) section of Vancouver, British Columbia, Canada. The researchers found that:

    "We detected no reduction in druguse frequency or drug price in response to a large-scale police crackdown on drug users in Vancouver's DTES. The evidence that drugs became more difficult to obtain was consistent with reports of displacement of drug dealers and was supported by the significantly higher rates of reporting that police presence had affected where drugs were used, including changes in neighbourhood and increases in use in public places. These observations were validated by examination of needle-exchange statistics.

    "Our findings are consistent with those showing that demand for illicit drugs enables the illicit drug market to adapt to and overcome enforcement-related constraints. Although evidence suggested that police presence made it more difficult to obtain drugs, this appeared to be explained by displacement of drug dealers."

    Source: 
    Wood, Evan, Patricia M. Spittal, Will Small, Thomas Kerr, Kathy Li, Robert S. Hogg, Mark W. Tyndall, Julio S.G. Montaner, Martin T. Schechter, "Displacement of Canada's Largest Public Illicit Drug Market In Response To A Police Crackdown," Canadian Medical Association Journal, May 11, 2004: 170(10), p. 1554.
    http://www.cmaj.ca/cgi/content/full/170/10/1551

  18. (disproportional minority drug arrests) "Police departments deploy most patrol and narcotics police to certain neighborhoods, usually designated "high crime." These are disproportionately low-income, and disproportionately African American and Latino. It is in these neighborhoods where the police make most patrols, and where they stop and search the most vehicles and individuals, looking for "contraband" of any type in order to make an arrest. The item that people in any neighborhood are most likely to possess, which can get them arrested, is a small amount of marijuana. In short, the arrests are ethnically- and racially-biased mainly because the police are systematically "fishing" for arrests in only some neighborhoods, and methodically searching only some "fish."6 This produces what has been termed "racism without racists."

    Source: 
    Harry G. Levine, Jon B. Gettman, Loren Siegel. "Arresting Blacks for Marijuana in California: Possession Arrests, 2006-08.” Drug Policy Alliance, LA: October 2010, p. 13.
    http://drugpolicy.org/docUploads/ArrestingBlacks.pdf

  19. (policing of cannabis in the UK) South Bank University's Criminal Policy Research Unit conducted a detailed study of the policing of cannabis in England. The study found that:

    "One in seven of all known offenders in England and Wales were arrested for the possession of cannabis.

    "There has been a tenfold increase in the number of possession offences since the mid-1970s. There is no evidence that this increase has been an intended consequence of specific policy.

    "Possession offences most often come to light as a by-product of other investigations.

    "A minority of patrol officers ‘specialise’ in cannabis offences: 3 per cent of officers who had made any arrests for possession accounted for 20 per cent of all arrests.

    "Arrests for possession very rarely lead to the discovery of serious crimes.

    "Officers often turn a blind eye to possession offences, or give informal warnings.

    "Of the 69,000 offenders who were cautioned or convicted in 1999, just over half (58 per cent) were cautioned.

    "The financial costs of policing cannabis amount to at least £50 million a year (including sentencing costs), and absorb the equivalent of 500 full-time police officers.

    "The researchers conclude that:

    "- re-classification of cannabis to a Class C drug will yield some financial savings, allowing patrol officers to respond more effectively to other calls on their time;
    "- the main benefits of reclassification would be non-financial, in removing a source of friction between the police and young people;
    "- there would be a very small decline in detection of serious offences, but this should readily be offset by the savings in police time."

    Source: 
    "Findings: The Policing of Cannabis as a Class B Drug," (London, England: Joseph Rowntree Foundation, March 2002), p. 1.
    http://www.jrf.org.uk/sites/files/jrf/332.pdf

  20. (drug dealing and employment) The average "dealer" holds a low-wage job and sells part-time to obtain drugs for his or her own use. "Earnings for drug selling were positively correlated (though weakly) with legitimate earnings. Drug selling seemed to be a complement to, rather than a substitute for, legitimate employment."

    Source: 
    Reuter, P., MacCoun, R., & Murphy, P., Money from Crime: A Study of the Economics of Drug Dealing in Washington DC (Santa Monica, CA: The RAND Corporation, 1990), pp. 49-50.
    http://www.rand.org/pubs/reports/2005/R3894.pdf

Crime

(1980-2010 - Total, marijuana and drug arrests by year) Although the intent of a 'War on Drugs' may have been to target drug smugglers and 'King Pins,' over half (52.1%) of the 1,638,846 total 2010 arrests for drug abuse violations were for marijuana -- a calculated total of 853,839. Of those, an estimated 750,591 people (45.8%) were arrested for marijuana possession alone. By contrast in 2000, a total of 734,497 Americans were arrested for marijuana offenses, of which 646,042 (40.9%) were for possession alone. From 1996-2010, there were 10.1 million arrests for marijuana possession and 1.4 million arrests for the sales and trafficking of marijuana, equaling a total of 11.5 million marijuana arrests during that fifteen year time frame.

(1995-2010 - marijuana arrests percent share of total drug arrests by year) The following table references the drug and marijuana arrests columns in the "US Arrests" table. It pairs "Total Marijuana Arrests," "Marijuana Trafficking/Sale Arrests," and "Marijuana Possession Arrests" against "Total Drug Arrests" to arrive at the percentage each has of the total for the respective years. This table shows the growing dominance of marijuana arrests among total drug arrests in the U.S., rising from a percentage of 39.9% of total drug arrests in 1995 to 52.1% of such arrests in 2010. Further, while arrests for sales and trafficking have wavered a few percentage points around 5-6% of total drug arrests, the numbers driving marijuana's increased dominance of drug arrests are those for simple possession, jumping from 34.1% in 1995 to 45.8% in 2010. Arrests for marijuana possession have risen from about a third to about a half of all drug abuse violation arrests over the fifteen year 1995-2010 period.

(1996-2010 - drug and marijuana arrests percent change over prior year) The following table references the total, drug and marijuana arrests columns in the "US Arrests" table. It shows the percentage change over the prior year for "Total Arrests," "Total Drug Arrests," "Total Marijuana Arrests," "Marijuana Trafficking & Sale Arrests," and "Marijuana Possession Arrests." Total Arrests in the United States have ranged between 13.1 million and 15.3 million over the fifteen year period (1996-2010), with the annual percent change for that time span averaging -0.9%. Drug arrests have ranged between a low of 1.4 million in 1996 and a high of 1.9 million in 2006, with an average percent change over the fifteen year period of +0.8%.

The percentage change values for marijuana arrests confirm their upward trend. Total marijuana arrests in 2010 (853,839) were +45% higher than those in 1995 (588,964). The year that the percentage growth in marijuana arrests peaked - 2003 - began a five-year upward trend largely driven by arrests for marijuana possession. For simple possession, the average annual percent change covering 1996-2010 equaled +2.8%; in contrast, that value for trafficking and sales was +1.4%.

  1. (corruption - police) "...several studies and investigations of drug-related police corruption found on-duty police officers engaged in serious criminal activities, such as (1) conducting unconstitutional searches and seizures; (2) stealing money and/or drugs from drug dealers; (3) selling stolen drugs; (4) protecting drug operations; (5) providing false testimony; and (6) submitting false crime reports."

    Source: 
    General Accounting Office, Report to the Honorable Charles B. Rangel, House of Representatives, "Law Enforcement: Information on Drug-Related Police Corruption: (Washington, DC: USGPO, May 1998), p. 8.
    http://www.ethicsinstitute.com/pdf/Drug%20Corruption%20Report.pdf

  2. (corruption - police) "In addition to protecting criminals or ignoring their activities, officers involved in drug-related corruption were more likely to be actively involved in the commission of a variety of crimes, including stealing drugs and/or money from drug dealers, selling drugs, and lying under oath about illegal searches. Although profit was found to be a motive common to traditional and drug-related police corruption, New York City’s Mollen Commission identified power and vigilante justice as two additional motives for drug-related police corruption. The most commonly identified pattern of drug-related police corruption involved small groups of officers who protected and assisted each other in criminal activities, rather than the traditional patterns of non-drug-related police corruption that involved just a few isolated individuals or systemic corruption pervading an entire police department or precinct."

    Source: 
    General Accounting Office, Report to the Honorable Charles B. Rangel, House of Representatives, "Law Enforcement: Information on Drug-Related Police Corruption" (Washington, DC: USGPO, May 1998), p. 3.
    http://www.ethicsinstitute.com/pdf/Drug%20Corruption%20Report.pdf

  3. (corruption - police) The United Nations Drug Control Program noted the inevitable risk of drug-related police corruption in 1998, when it reported that "wherever there is a well-organized, illicit drug industry, there is also the danger of police corruption."

    Source: 
    United Nations International Drug Control Program, "Technical Series Report #6: Economic and Social Consequences of Drug Abuse and Illicit Trafficking" (New York, NY: UNDCP, 1998), p. 38.
    http://www.unodc.org/pdf/technical_series_1998-01-01_1.pdf

  4. (corruption - flow of laundered money) In its 2007 U.S. Money Laundering Threat Assessment, the U.S. Department of the Treasury described the movement of cash smuggled from drug transactions: "Cash associated with illicit narcotics typically flows out of the United States across the southwest border into Mexico, retracing the route that illegal drugs follow when entering the United States.82 Upon leaving the country, cash may stay in Mexico, continue on to a number of other countries, or make a U-turn and head back into the United States as a deposit by a bank or casa de cambio. Illicit funds leaving the United States also flow into Canada, which, like Mexico, is a source of illegal narcotics."

    Source: 
    U.S. Department of the Treasury. "2007 National Money Laundering Strategy" (Washington, DC: 2007), p. 50.
    http://www.treas.gov/press/releases/docs/nmls.pdf

  5. (effect of criminal funds on governments) "The magnitude of funds under criminal control poses special threats to governments, particularly in developing countries, where the domestic security markets and capital markets are far too small to absorb such funds without quickly becoming dependent on them.160 It is difficult to have a functioning democratic system when drug cartels have the means to buy protection, political support or votes at every level of government and society.161 In systems where a member of the legislature or judiciary, earning only a modest income, can easily gain the equivalent of some 20 months’ salary from a trafficker by making one "favourable" decision, the dangers of corruption are obvious.162"

    Source: 
    United Nations International Drug Control Program, "Technical Series Report #6: Economic and Social Consequences of Drug Abuse and Illicit Trafficking" (New York, NY: UNDCP, 1998), p. 39.
    http://www.unodc.org/pdf/technical_series_1998-01-01_1.pdf

  6. Corruption - Data

    (2006-2007 - corruption - Afghanistan) "Afghanistan currently ranks in the second lowest percentile on the World Bank’s corruption index.293 A significant component of this index is based on the activities of corruption prone government agencies. Survey after survey reveals the Afghan perception of law enforcement and courts as among the most corrupt institutions in the country.294 A 2006 poll by the Asia Foundation found that 77 per cent of Afghans believed corruption was a problem at the national level.295"

    Source: 
    United Nations Office on Drugs and Crime, "Addiction, Crime and Insurgency: The transnational threat of Afghan opium" (Vienna, Austria: October 2009), p. 137.
    http://www.unodc.org/documents/data-and-analysis/Afghanistan/Afghan_Opiu...

  7. (2002 - corruption in Colombia) "Colombia has suffered the tragic consequences of endemic theft by politicians and public officials for decades. Entwined with the production and trafficking of illegal drugs, this behaviour exacerbated underdevelopment and lawlessness in the countryside, where a brutal war continues to claim the lives of some 3,500 civilians a year. A World Bank survey released in February 2002 found that bribes are paid in 50 per cent of all state contracts.27 Another World Bank report estimates the cost of corruption in Colombia at US $2.6 billion annually, the equivalent of 60 per cent of the country’s debt.28"

    Source: 
    Herrera, Eduardo Wills, and Cortés, Nubia Urueña, "Global Corruption Report 2003: South America" Transparency International (Berlin, Germany: Transparency International, 2003), p. 108.
    http://www.transparency.org/content/download/4378/26541/file/11_South_America_(Wills_Uruena).pdf

  8. (2000 - corruption in Colombia) "The Presidential Programme Against Corruption in Colombia specifically addresses ‘narco-corruption’.36 Colombia, with a capacity to produce 580 tonnes of pure cocaine in 2000,37 is particularly poisoned by the interplay of narcotics and violence, with an estimated one million people internally displaced as a result of battles for territorial control by rebel groups and paramilitary forces. ‘The corruptive effect of this kind of profit is devastating, since it has penetrated to perverse levels in the judiciary and the political system,’ the official report of the Presidential Programme concluded, adding that the rapid accumulation of wealth from illegal drugs ‘has fostered codes and behaviours which promote corruption, fast money and the predominance of private welfare over general interest’."

    Source: 
    Luzzani, Thelma, Transparency International, "Global Corruption Report 2001: South America" (Berlin, Germany: Transparency International, 2001), p. 176.
    http://www.transparency.org/content/download/4302/26311/file/rr_s_americ...

  9. (1999 - corruption in Colombia and Central America) "Another problem occurs when officials turn a blind eye to a narcotics trade that looms large in the region. 'Central America has become the meat in the sandwich' - as a trans-shipment point, storehouse and money laundering centre - in the drug traffic from Colombia to the US, said Costa Rican parliamentarian Belisario Solano. The Costa Rican Defence Ministry estimates that between 50 and 70 tonnes of cocaine travel through Costa Rica to the US every year."

    Source: 
    Gutiérrez, Miren, Transparency International, "Global Corruption Report 2001: Central America, the Caribbean and Mexico" (Berlin, Germany: Transparency International, 2001), p. 160.
    http://www.transparency.org/content/download/4289/26272/file/rr_c_am_car...

  10. (1998 - corruption in Colombia) "In 1998, DEA reported that drug-related corruption existed in all branches of the [Colombian] government, within the prison system, and in the military... In November 1998, U.S. Customs and DEA personnel searched a Colombian Air Force aircraft in Florida and found 415 kilograms of cocaine and 6 kilograms of heroin."

    Source: 
    United States General Accounting Office, "Drug Control: Narcotics Threat from Colombia Continues to Grow" (Washington, DC: USGPO, 1999), p. 15.
    http://www.gao.gov/archive/1999/ns99136.pdf

  11. (1993-1997 - corruption - police) On average, half of all police officers convicted as a result of FBI-led corruption cases between 1993 and 1997 were convicted for drug-related offenses.

    Source: 
    General Accounting Office, Report to the Honorable Charles B. Rangel, House of Representatives, "Law Enforcement: Information on Drug-Related Police Corruption" (Washington, DC: USGPO, May 1998), p. 35.
    http://www.ethicsinstitute.com/pdf/Drug%20Corruption%20Report.pdf

  12. (2009 - economics - opium income and the Taliban) "The Taliban’s principal and most lucrative source of income in Afghanistan is its control of the opium trade. The Taliban have long profited off of the ten percent ushr tax levied on opium farmers, an additional tax on the traffickers, and a per-kilogram transit tariff charged to the truckers who transport the product.152 In recent years, however, they have been “taking a page from the warlords’ playbook,” and regional and local Taliban commanders have been demanding “protection money from the drug traffickers who smuggle goods through their territory.”153 A 2007 analysis by the Jamestown Foundation described “arrangements whereby drug traffickers provide money, vehicles and subsistence to Taliban units in return for protection.”154 In addition, at even higher Taliban command levels, “senior leadership in Quetta are paid regular installments from narcotics kingpins as a general fee for operating in Taliban controlled areas.”155 Through these various forms of taxation and extortion, the Taliban have been estimated to earn nearly $300 million a year from the opium trade.156"

    Source: 
    "Warlord, Inc. Extortion and Corruption Along the U.S. Supply Chain in Afghanistan," Report of the Majority Staff, Rep. John F. Tierney, Chair, Subcommittee on National Security and Foreign Affairs, Committee on Oversight and Government Reform, U.S. House of Representatives (Washington, DC: June 2010), p. 39.
    http://www.scribd.com/doc/33430036/Warlords-Inc-Report-A-Congressional-R...
    http://www.cbsnews.com/htdocs/pdf/HNT_Report.pdf

  13. (2009 - economics - money laundering and the value of the global opiate market) "Of the US$ 65 billion turnover of the global market for opiates, only 5-10 per cent (US$ 3-5 billion) are estimated to be laundered by informal banking systems. The rest is laundered through legal trade activities (including smuggling of legal goods into Afghanistan) and the banking system."

    Source: 
    United Nations Office on Drugs and Crime, "Addiction, Crime and Insurgency: The transnational threat of Afghan opium" (Vienna, Austria: October 2009), p. 7.
    http://www.unodc.org/documents/data-and-analysis/Afghanistan/Afghan_Opiu...

  14. (2008 - economics - money laundering and gross revenue of Mexican DTOs) "Mexico also remains a hub for money laundering. It is estimated that DTOs’ [drug trafficking organizations] annual gross revenue ranges between $15-30 billion from illicit drug sales in the U.S. Most of these proceeds are returned from the U.S. primarily through bulk currency shipments and laundered through legitimate Mexican businesses."

    Source: 
    United States Department of State, Bureau for International Narcotics and Law Enforcement Affairs, "International Narcotics Control Strategy Report: Volume I, Drug and Chemical Control," (Washington, DC: U.S. Department of State: March 2010), p. 432.
    http://www.state.gov/documents/organization/137411.pdf

  15. Corruption - Research

    (corruption - police) The Mollen Commission was appointed to investigate corruption in the New York City Police Department. The Commission "found that police corruption, brutality, and violence were present in every high-crime precinct with an active narcotics trade that it studied, all of which have predominantly minority populations. It found disturbing patterns of police corruption and brutality, including stealing from drug dealers, engaging in unlawful searches, seizures, and car stops, dealing and using drugs, lying in order to justify unlawful searches and arrests and to forestall complaints of abuse, and indiscriminate beating of innocent and guilty alike."

    Source: 
    Cole, David, "No Equal Justice: Race and Class in the American Criminal Justice System" (New York: The New Press, 1999), pp. 23-4.
    http://www.ncjrs.gov/App/publications/Abstract.aspx?id=179184

  16. (corruption in Mexico) "Mexico's police and armed services are known to be contaminated by multimillion dollar bribes from the transnational narco-trafficking business. Though the problem is not as pervasive in the military as it is in the police, it is widely considered to have attained the status of a national security threat."

    Source: 
    Gutiérrez, Miren, Transparency International, "Global Corruption Report 2001: Central America, the Caribbean and Mexico" (Berlin, Germany: Transparency International, 2001), p. 158.
    http://www.transparency.org/content/download/4289/26272/file/rr_c_am_car...

  17. (corruption in specific U.S. cities) A 1998 report by the General Accounting Office cited specific examples of publicly disclosed drug-related police corruption in the following cities: Atlanta, Chicago, Cleveland, Detroit, Los Angeles, Miami, New Orleans, New York, Philadelphia, Savannah, and Washington, DC.

    Source: 
    General Accounting Office, Report to the Honorable Charles B. Rangel, House of Representatives, "Law Enforcement: Information on Drug-Related Police Corruption" (Washington, DC: USGPO, May 1998), p. 36-37.
    http://www.ethicsinstitute.com/pdf/Drug%20Corruption%20Report.pdf

Economics

Please use the following links to access these Economics sub-chapters:

Global Data - "Economics - Data - Global" various global economic data concerning illicit drugs ordered by data year and subject of the data in parentheses.

United States Data - "Economics - Data - United States" various U.S. economic data concerning illicit drugs ordered by data year and subject of the data in parentheses.

State and Local Data - "Economics - Data - State and Local" various U.S. economic data concerning illicit drugs ordered by data year and subject of the data in parentheses.

Research - "Economics - Research" research studies concerning the economic aspects of illicit drugs, with the subject of the research in italicized parentheses.
__________________________________________________

Please use the following links to access these data tables:

"Federal Drug Control Spending by Function"

"Benefit to Cost Ratios of Adult Drug Treatment Programs"
__________________________________________________

A one-page flyer in PDF format, entitled “The Federal, State, and Local Price of the Drug War,” summarizes a number of the Facts in this section and can be found at http://mapinc.org/url/8Xg6AK9z.
__________________________________________________

  1. (economics - defining five basic regulation models)
    Prescription
    "The prescription model is the most tightly controlled and enforced drug supply model currently in operation. Under this model, drugs are prescribed to a named user by a qualified and licensed medical practitioner. They are dispensed by a licensed practitioner or pharmacist from a licensed pharmacy or other designated outlet."

    Pharmacy model
    "The pharmacy model, whilst still working within a clearly defined medical framework, is less restrictive and controlling than the prescription model. Pharmacists are trained and licensed to dispense prescriptions, although they cannot write them. They can also sell certain generally lower risk medical drugs from behind the counter."

    Licensed sales
    "Current best practice in licensed sales of alcohol and tobacco offers a less restrictive, more flexible infrastructure for the licensed sales of certain lower risk non-medical drugs (see: 5.1 Alcohol, page 100, and 5.2 Tobacco, page 105). Such a system would put various combinations of regulatory controls in place to manage the vendor, the supply outlet, the product and the purchaser, as appropriate."

    Licensed premises
    "Public houses and bars serving alcohol offer the most common example of premises licensed for sale and consumption. Under this long established system, various controls exist over the venue and (in particular) the licensee."

    Unlicensed sales
    "Certain psychoactive substances deemed sufficiently low risk, such as coffee, traditional use of coca tea and some low strength painkillers, are subject to little or no licensing. Here, regulation focuses on standard product descriptions and labelling."

    Source: 
    Transform Drug Policy Foundation, "After the War on Drugs: Blueprint for Regulation," (Bristol, United Kingdom: September 2009)pp. 20, 23, 24-27.
    http://www.tdpf.org.uk/Transform_Drugs_Blueprint.pdf

  2. (marijuana - effects of prohibition) "Prohibition has two effects: on one hand it raises supplier costs, disrupts market functioning and prevents open promotion of the product; on the other, it sacrifices the authorities’ ability to tax transactions and regulate operation of the market, product characteristics and promotional activity of suppliers. The cannabis prevalence rates presented in Figure 1 show clearly that prohibition has failed to prevent widespread use of the drug and leaves open the possibility that it might be easier to control the harmful use of cannabis by regulation of a legal market than to control illicit consumption under prohibition. The contrast between the general welcome for tobacco regulation (including bans on smoking in public places) and the deep suspicion of prohibition policy on cannabis is striking and suggests that a middle course of legalised but limited consumption may find a public consensus."

    Source: 
    "Pudney, Stephen, "Drugs Policy – What Should We Do About Cannabis?" Centre for Economic Policy Research (London, United Kingdom: April 2009), p. 23.
    http://www.cepr.org/meets/wkcn/9/976/papers/pudney.pdf

  3. (economics - inconsistencies in drug data) "Existing estimates about drug production and consumption are cryptic, inconsistent, and often impossible to verify. ... many of the most-quoted estimates are not documented in a manner that allows others to assess their credibility, let alone replicate them. The large year-to-year changes in official estimates of consumption and particularly of production reduce their credibility, given the stable data on marijuana use in the U.S. population over the past decade.

    "While a number of estimates are described as being “intelligence based” or are released by intelligence agencies, this does not mean we should automatically give them high credibility. This paper identifies a number of these estimates from national and international sources that are simply implausible. Drug-market estimation is a field plagued by a lack of data and heavily dependent on assumptions; thus, estimates from both intelligence and nonintelligence agencies need to be scrutinized. Policymakers would be well served by preventing the publication of figures without peer review. If the truth is that these figures are estimated imprecisely, that fact should be noted."

    Source: 
    Kilmer, Beau; Caulkins, Jonathan P.; Bond, Brittany M.; and Reuter, Peter H., "Reducing Drug Trafficking Revenues and Violence in Mexico: Would Legalizing Marijuana in California Help?" International Programs and Drug Policy Research Center (Santa Monica, CA: RAND Corporation, October 2010), p. 44.
    http://www.rand.org/pubs/occasional_papers/2010/RAND_OP325.pdf

  4. Economics - Data - Global

    (2011 - economics - opium prices in Afghanistan) "In 2011, opium prices had reached high levels as a result of the unusually low opium production in 2010, when major cultivation areas were affected by plant diseases.

    "Results from the 2009 opium survey indicated that the low opium price level in that year discouraged farmers from planting opium. However, since then, opium prices have tripled. The high sale price of opium in combination with lower wheat prices may have encouraged famers to resume opium cultivation. The high level of opium prices in 2011 continues to provide a strong incentive to plant opium in the upcoming poppy season."

    Source: 
    "Afghanistan Opium Survey 2011," United Nations Office on Drugs and Crime (Vienna, Austria: United Nations, October 2011), p. 19.
    http://www.unodc.org/documents/crop-monitoring/Afghanistan/Executive_Sum...

  5. (2011 - economics - opium production in Afghanistan) "In 2011, the estimated potential opium production amounted to 5,800 mt, an increase by 61% over 2010. As opium cultivation remained relatively stable between 2009 and 2011, the differences in opium production in those years were due to changes in per-hectare opium yield. 2009 was a year with high opium yields (56.1 kg/ha), while in 2010, major opium cultivation areas were affected by plant diseases, which led to a strong yield reduction (29.2 kg/ha). In 2011, opium yields were back to “normal” levels of 44.5 kg/ha. In 2011, the Southern region continued to produce most opium in Afghanistan, representing 85% of national production, followed by the Western region (12%)."

    Source: 
    "Afghanistan Opium Survey 2011," United Nations Office on Drugs and Crime (Vienna, Austria: United Nations, October 2011), p. 13.
    http://www.unodc.org/documents/crop-monitoring/Afghanistan/Executive_Sum...

  6. (2009 - economics - opium income and the Taliban) "The Taliban’s principal and most lucrative source of income in Afghanistan is its control of the opium trade. The Taliban have long profited off of the ten percent ushr tax levied on opium farmers, an additional tax on the traffickers, and a per-kilogram transit tariff charged to the truckers who transport the product.152 In recent years, however, they have been “taking a page from the warlords’ playbook,” and regional and local Taliban commanders have been demanding “protection money from the drug traffickers who smuggle goods through their territory.”153 A 2007 analysis by the Jamestown Foundation described “arrangements whereby drug traffickers provide money, vehicles and subsistence to Taliban units in return for protection.”154 In addition, at even higher Taliban command levels, “senior leadership in Quetta are paid regular installments from narcotics kingpins as a general fee for operating in Taliban controlled areas.”155 Through these various forms of taxation and extortion, the Taliban have been estimated to earn nearly $300 million a year from the opium trade.156"

    Source: 
    "Warlord, Inc. Extortion and Corruption Along the U.S. Supply Chain in Afghanistan," Report of the Majority Staff, Rep. John F. Tierney, Chair, Subcommittee on National Security and Foreign Affairs, Committee on Oversight and Government Reform, U.S. House of Representatives (Washington, DC: June 2010), p. 39.
    http://www.scribd.com/doc/33430036/Warlords-Inc-Report-A-Congressional-R...
    http://www.cbsnews.com/htdocs/pdf/HNT_Report.pdf

  7. (2009 - economics - value of global opiate market) "At retail level, the total value of the heroin market is substantial at an estimated US$55 billion. The size of the annual opium market is a more ‘modest’ US$7-10 billion. Consequently, the combined total opiates (heroin/opium) market could be worth up to US$65 billion per year. This amount is higher than the GDPs of many countries. In economic terms, nearly half of the overall opiate market value is accounted for by Europe (some US$20 billion) and the Russian Federation (US$13 billion). Other lucrative markets include China (US$9 billion) and the United States and Canada (US$8 billion)."

    Source: 
    UNODC, World Drug Report 2010 (United Nations Publication, Sales No. E.10.XI.13), p. 42.
    http://www.unodc.org/documents/wdr/WDR_2010/World_Drug_Report_2010_lo-re...

  8. (2005-2009 - economics - cost of U.S counternarcotics programs in Afghanistan) "The U.S. Government has been involved in counternarcotics in Afghanistan for over 20 years through various agreements to suppress the production, distribution, and use of illicit drugs and has spent approximately $2 billion on counternarcotics programs in the last 5 years."

    Source: 
    United States Department of State and the Broadcasting Board of Governors Office of Inspector General, Middle East Regional Office, "Status of the Bureau of International Narcotics and Law Enforcement Affairs Counternarcotics Programs in Afghanistan Performance Audit," Report Number MERO-A-10-02 (Washington, DC: U.S. Department of State: December 2009), p. 3.
    http://oig.state.gov/documents/organization/134183.pdf

  9. (2009 - economics - money laundering and the value of the global opiate market) "Of the US$ 65 billion turnover of the global market for opiates, only 5-10 per cent (US$ 3-5 billion) are estimated to be laundered by informal banking systems. The rest is laundered through legal trade activities (including smuggling of legal goods into Afghanistan) and the banking system."

    Source: 
    United Nations Office on Drugs and Crime, "Addiction, Crime and Insurgency: The transnational threat of Afghan opium" (Vienna, Austria: October 2009), p. 7.
    http://www.unodc.org/documents/data-and-analysis/Afghanistan/Afghan_Opiu...

  10. (2008 - economics - money laundering and gross revenue of Mexican DTOs) "Mexico also remains a hub for money laundering. It is estimated that DTOs’ [drug trafficking organizations] annual gross revenue ranges between $15-30 billion from illicit drug sales in the U.S. Most of these proceeds are returned from the U.S. primarily through bulk currency shipments and laundered through legitimate Mexican businesses."

    Source: 
    United States Department of State, Bureau for International Narcotics and Law Enforcement Affairs, "International Narcotics Control Strategy Report: Volume I, Drug and Chemical Control," (Washington, DC: U.S. Department of State: March 2010), p. 432.
    http://www.state.gov/documents/organization/137411.pdf

  11. (2008 - opium revenue in Afghanistan) "When the Taliban were in power (in the late 1990s) they extracted US$ 75-100 million a year from taxing opium. In the 2005-2008 period the cumulative revenue from opiate farming and trade accruing to Taliban insurgents is estimated at US$ 350-650 million, or an annual average of US$ 90-160 million in Afghanistan alone. This estimate does not include insurgents’ potential revenues from other drug-related activities (labs, imports of precursors) in Afghanistan and from the US$1 billion opiate trade in Pakistan."

    Source: 
    United Nations Office on Drugs and Crime, "Addiction, Crime and Insurgency: The transnational threat of Afghan opium" (Vienna, Austria: October 2009), p. 7.
    http://www.unodc.org/documents/data-and-analysis/Afghanistan/Afghan_Opiu...

  12. (2008 - global opium market and consumption) "The main opiate consumer market is Europe (about 19 per cent of global consumption, with a market value of US$ 20 billion), the Russian Federation (15 per cent), the Islamic Republic of Iran (15 per cent), China (12 per cent), India (7 per cent), Pakistan (6 per cent), Africa (6 per cent) and the Americas (6 per cent)."

    Source: 
    United Nations Office on Drugs and Crime, "Addiction, Crime and Insurgency: The transnational threat of Afghan opium" (Vienna, Austria: October 2009), p. 7.
    http://www.unodc.org/documents/data-and-analysis/Afghanistan/Afghan_Opiu...

  13. (2008 - drug-related public expenditures in the European Union) "The new estimate of drug-related public expenditure in Europe is EUR 34 billion (95% confidence interval, EUR 28–40 billion), which is equivalent to 0.3% of the combined gross domestic product of all EU Member States. This suggests that State expenditure on the drug problem costs the average EU citizen EUR 60 a year."

    Source: 
    Annual Report 2008: The State of the Drugs Problem in Europe," European Monitoring Centre for Drugs and Drug Addiction (Luxembourg: Office for Official Publications of the European Communities, 2008), p. 21.
    http://www.emcdda.europa.eu/themes/drug-situation/policy

  14. (2007 - price of heroin) In 2007, a kilogram of heroin no. 3 typically sold for an average wholesale price of $2,520 in Pakistan; the average 2005 per-kilogram wholesale price of heroin no. 4 in that country equaled approximately $4,159. The 2007 wholesale price for a kilogram of heroin in Afghanistan ranged around $2,405. In Colombia, a kilogram of heroin no. 4 typically sold for $9,992 wholesale in 2006. In the United States in 2007, a kilogram of heroin no. 4 cost an average of $71,200 wholesale.

    Source: 
    United Nations Office on Drugs and Crime, World Drug Report 2009, Statistical Annex: Prices, (Vienna, Austria: UNODC, 2009), pp. 217-218.
    http://www.unodc.org/documents/wdr/WDR_2009/WDR2009_eng_web.pdf

  15. (2006 - Canadian dollar cost of substance abuse) "In 2006 a team of researchers published estimates of the social costs of substance abuse in Canada across several domains based on 2002 data (Rehm et al., 2006). Total costs of substance abuse for all substances (including tobacco) were estimated to be $39.8 billion in 2002, which translates into $1,267 per capita. Of this, approximately 39% are direct costs to the economy associated with health care, enforcement, prevention/research and “other costs”6, and 61% are indirect costs associated mainly with productivity losses resulting from premature death and disability.

    "Important findings ... include the fact that (1) total direct social costs associated with alcohol ($7,427.5 million) are more than double those for all illicit drugs combined ($3,565.5 million); (2) direct alcohol-related health care costs ($3,306.2 million) are nearly three times as high as for all illicit drugs, excluding cannabis ($1,061.6 million), and over 45 times higher than the direct health care costs of cannabis ($73 million); and (3) annual direct costs for health care ($4,440.7 million) are 31 times higher, and annual direct costs for enforcement ($5,407.7 million) are 36 times higher than annual costs for prevention and research ($147.6 million)."

    Source: 
    Thomas, Gerald and Davis, Christopher G., Comparing the Perceived Seriousness and Actual Costs of Substance Abuse in Canada: Analysis drawn from the 2004 Canadian Addiction Survey," Canadian Centre on Substance Abuse (Ottawa, ON: Canadian Centre on Substance Abuse, March 2007), pp. 2-4.
    http://www.ccsa.ca/2007%20CCSA%20Documents/ccsa-011350-2007.pdf

  16. (2000-2005 - U.S. counternarcotics support costs) "However, during fiscal years 2000-2005, the United States provided about $6.2 billion to support counternarcotics and related programs in the source and transit zones (see table 1).12 In the source zone, U.S. assistance supports eradication and interdiction efforts and related programs for alternative development and judicial reform, primarily in Bolivia, Colombia, and Peru. In the transit zone, the United States provided about $365 million in assistance—primarily to El Salvador, Guatemala, Haiti, and Mexico —to support interdiction and other law enforcement programs."

    "For fiscal year 2006, the Administration has requested an additional $735 million for countries in the source zone and $77 million for countries in the transit zone."

    "From fiscal year 2000 through 2005, the United States provided about $365 million in assistance to countries in the transit zone. Of this, Mexico received approximately $115 million to support its efforts to eradicate opium poppy and marijuana, and improve surveillance and intelligence capabilities."

    Source: 
    "Drug Control: Agencies Need to Plan for Likely Decline in Drug Interdiction Assets, and Develop Better Performance Measures for Transit Zone Operations," Government Accountability Office (Washington, DC: USGAO, Nov. 2005), GAO-06-200, pp. 10 and 23.
    http://www.gao.gov/new.items/d06200.pdf

  17. (2004 - economics - price of cocaine) In 2004, a kilogram of cocaine base in Colombia typically sold for $810 and a kilogram of cocaine typically sold for $1,713. In Peru in 2004, a kilogram of cocaine base typically sold for $700 and a kilogram of cocaine typically sold for $1,000. In Mexico in 2004, a kilogram of cocaine typically sold for $7,880. In the United States in 2001, a kilogram of cocaine typically sold for $23,500.

    Source: 
    United Nations Office on Drugs and Crime, World Drug Report 2006 Volume 2: Statistics (Vienna, Austria: UNODC, 2006), pp. 369-370.
    http://www.unodc.org/pdf/WDR_2006/wdr2006_volume2.pdf

  18. (2003 - value of global retail cannabis market in Euros) "The UNODC (2005) estimates that the world retail market for cannabis was about €125 Billion4 circa 2003; more than the retail markets for cocaine and opiates combined. The US is believed to be the largest contributor to this estimate, but the exact size of that market is far from settled. Indeed, some of the estimates of the US market vary by a factor of 10.

    "The UNODC’s macro estimates indicate that North America and Western/Central Europe account for 45% and 28% of the world cannabis market, respectively. The UNODC’s input-output model suggests that each past year user in North America consumed 165 grams of cannabis herb at almost €10 per gram. With approximately 25 million past-year users in the US during this time, the UNODC calculations imply that retail cannabis expenditures in the US exceeded €40 billion. This is more than four times the retail estimate generated by the White House’s Office of National Drug Control Policy for 2000." [all monetary values are in €2005]

    Source: 
    Beau Kilmer, Rosalie Liccardo Pacula, "Estimating the size of the global drug market: A demand-side approach," Prepared for the Euopean Commission (The RAND Corporation, 2009) p. 8.
    http://www.rand.org/pubs/technical_reports/2009/RAND_TR711.pdf

  19. (2003 - size of global illicit drug market) "If compared to global licit exports (US$7,503 bn in 2003) or compared to global GDP (US$35,765 bn in 2003) the estimated size [of] the global illicit drug market may not appear to be particularly high (0.9% of global GDP at retail level or 1.3% of global exports measures at wholesale level).

    "Nonetheless, the size of the global illicit drug market is substantial. The value, measured at retail prices, is higher than the GDP of 88% of the countries in the world (163 out of 184 for which the World Bank has GDP data) and equivalent to about three quarters of Sub-Saharan Africa's combined GDP (US$439 bn in 2003). The sale of drugs, measured at wholesale prices, was equivalent to 12% of global export of chemicals (US$794 bn), 14% of global agricultural exports (US$674 bn) and exceeded global exports of ores and other minerals (US$79 bn) in 2003. Such sales of drugs were also higher than the combined total licit agricultural exports from Latin America (US$75 bn) and the Middle East (US$10 bn) in 2003."

    Source: 
    United Nations Office on Drugs and Crime (UNODC), World Drug Report 2005 (Vienna, Austria: UNODC, June 2005), p. 127.
    http://www.unodc.org/pdf/WDR_2005/volume_1_web.pdf

  20. (2003 - value of global illicit drug market in Euros) According to the United Nations Office on Drugs and Crime, "[T]he value of the global illicit drug market for the year 2003 was estimated at US$13 bn [billion] at the production level, at $94 bn at the wholesale level (taking seizures into account), and at US$322bn based on retail prices and taking seizures and other losses into account. This indicates that despite seizures and losses, the value of the drugs increase substantially as they move from producer to consumer."

    Source: 
    United Nations Office on Drugs and Crime (UNODC), World Drug Report 2005 (Vienna, Austria: UNODC, June 2005), p. 127.
    http://www.unodc.org/pdf/WDR_2005/volume_1_web.pdf

  21. (1999 - estimated size of the global illegal drug market) "It is also worth noting that by 1999, the UNDCP had not attempted to follow up its efforts to estimate the size of the world illegal drug market. That year, the Financial Action Task Force (FATF) [an inter-governmental body focusing on anti-money laundering activities and legislation] decided to begin work to assess the size of the world illegal economy and found it convenient to start with an estimate of the illegal drug market, a task that was considered easier than estimating other illegal activities, given the large work on drugs already available. FATF hired Peter Reuter, a well-known economist who has done extensive work on illegal drug markets, and produced an estimate. This job had the full cooperation of the UNDCP, which opened its data bank to the researcher.

    "The resulting study is probably the most serious attempt to ascertain the size of the world illegal drug market and resulted in an estimated range between $45 and $280 billion."

    Source: 
    Francisco E. Thoumi, "Let’s All Guess the Size of the Illegal Drugs Industry!" Transnational Institute (Amsterdam, The Netherlands: December 2003), p. 7.
    http://www.tni.org//archives/crime-docs/numbers.pdf

  22. (1991-2000 - value of illegal drug exports in the Caribbean) "The value of illegal drug exports from the Caribbean during the past two decades has fallen into two very well differentiated periods. The first period, from 1981 to 1990, was an epoch of impressive depression in the total value of the Caribbean drugs exports -- from an income over US$20bn at its peak in 1983 to US$5bn in 1991. Since 1991, the value of Caribbean exports of illegal drugs has stabilised around US$5bn."

    Source: 
    "The Value Of Illegal Drug Exports Transiting The Caribbean - 1981-2000," United Nations Office on Drugs and Crime, Caribbean Regional Office, February 2004, p. 39.

  23. (2008 - economics - expenditure on drug war in North America over 40 years) "Despite more than an estimated $2.5 trillion having been spent on the “war on drugs” in North America during the last 40 years, cannabis is as readily available today as at any time in our history."

    Source: 
    "Breaking the Silence: Cannabis prohibition, organized crime and gang violence in British Columbia," Stop the Violence BC Coalition (Vancouver, British Columbia: October 2011), p. 1.
    http://stoptheviolencebc.org/wp-content/uploads/2011/10/Report1.pdf

  24. Economics - Data - United States

    (2010 - U.S. drug control budget) "For FY 2011, $85,500,000 is requested to support the DFC Program [Drug Free Communities]. Of this amount, $76,660,000 will fund grants made directly to nearly 620 community-based coalitions focusing on preventing and reducing youth substance abuse throughout the United States. The remaining amount will be divided with $2,000,000 to be used to provide a directed grant award to the National Anti-Drug Coalition Institute (Institute). The Institute is the primary source of training and technical assistance to DFC coalitions and coalitions working toward submitting a successful DFC application. The remaining $6,840,000 will fund program support costs, such as program staff, daily oversight of grants and the DFC National Cross-Site Evaluation."

    Source: 
    Executive Office of the President, Office of National Drug Control Policy, "Office of National Drug Control Policy: Fiscal Year 2011 Budget," (Washington, DC: 2010), p. 48.
    http://www.whitehousedrugpolicy.gov/policy/congress_budget_submission.pd...

  25. (2010 - savings and tax revenue from legalizing drugs) "This report estimates that legalizing drugs would save roughly $41.3 billion per year in government expenditure on enforcement of prohibition. Of these savings, $25.7 billion would accrue to state and local governments, while $15.6 billion would accrue to the federal government. Approximately $8.7 billion of the savings would result from legalization of marijuana and $32.6 billion from legalization of other drugs.

    "The report also estimates that drug legalization would yield tax revenue of $46.7 billion annually, assuming legal drugs were taxed at rates comparable to those on alcohol and tobacco. Approximately $8.7 billion of this revenue would result from legalization of marijuana and $38.0 billion from legalization of other drugs."

    Source: 
    Miron, Jeffey A., and Waldock, Katherine, "The Budgetary Impact of Ending Drug Prohibition," The Cato Institute (Washington, DC: Cato Institute, 2010).
    http://www.cato.org/pubs/wtpapers/DrugProhibitionWP.pdf

  26. (2010 - marijuana from Mexico)
    "• Mexican DTOs’ gross revenues from moving marijuana across the border into the United States and selling it to wholesalers is likely less than $2 billion, and our preferred estimate is closer to $1.5 billion. This figure does not include revenue from DTO production and distribution in the United States, which is extremely difficult to estimate with existing data.

    "• The ubiquitous claim that 60 percent of Mexican DTO export revenues come from U.S. marijuana consumption (Fainaru and Booth, 2009; Yes on 19, undated) should not be taken seriously. No publicly available source verifies or explains this figure and subsequent analyses revealed great uncertainty about the estimate (GAO, 2007). Our analysis— though preliminary on this point—suggests that 15–26 percent is a more credible range of the share of drug export revenues attributable to marijuna."

    Source: 
    Kilmer, Beau; Caulkins, Jonathan P.; Bond, Brittany M.; and Reuter, Peter H., "Reducing Drug Trafficking Revenues and Violence in Mexico: Would Legalizing Marijuana in California Help?" International Programs and Drug Policy Research Center (Santa Monica, CA: RAND Corporation, October 2010), p. 3.
    http://www.rand.org/pubs/occasional_papers/2010/RAND_OP325.pdf

  27. (2010 - U.S. drug control budget for 2011) "For the period October 1, 2010 through September 30, 2011, ONDCP is requesting $401,446,000 and 99 full-time equivalents (FTE). The FY 2011 budget request reflects three appropriations: the Salaries and Expenses (S&E); Other Federal Drug Control Programs; and, High Intensity Drug Trafficking Areas (HIDTA).

    "The FY 2011 request for S&E is $26,196,000 and 98 FTE. The budget request includes $24,961,000 for operational expenses and $1,235,000 for Policy Research.

    "The FY 2011 request for the Other Federal Drug Control Programs is $165,300,000 and 1 FTE. This request includes funds for National Youth Anti-Drug Media Campaign; Drug-Free Communities Program; Performance Measures Development; Anti-Doping Activities; the World Anti-Doping Agency dues; National Drug Court Institute; and, National Alliance for Model State Drug Laws.

    "The FY 2011 request for HIDTA is $209,950,000. This request includes $207,250,000 for grants and Federal transfers and up to $2,700,000 for HIDTA auditing services and associated activities."

    Source: 
    Executive Office of the President, Office of National Drug Control Policy, "Office of National Drug Control Policy: Fiscal Year 2011 Budget," (Washington, DC: 2010), p. 1.
    http://www.whitehousedrugpolicy.gov/policy/congress_budget_submission.pd...

  28. (2011 - U.S. drug control expenditures by function))

    Federal Drug Control Spending by Function
    Function FY 2009 Final FY 2010 Enacted FY 2011 Request




    Treatment 3,561.9 3,745.5 3,882.5
    Percent 23.3% 24.9% 25.0%




    Prevention 1,854.7 1,514.3 1,717.7
    Percent 12.1% 10.1% 11.0%




    Domestic Law Enforcement 3,869.4 3,843.5 3,917.3
    Percent 25.3% 25.6% 25.2%




    Interdiction 3,910.2 3,640.1 3,727.0
    Percent 25.6% 24.2% 24.0%




    International 2,082.2 2,288.0 2,308.1
    Percent 13.6% 15.2% 14.8%




    Total $15,278.4 $15,031.5 $15,552.5
    Source: 
    Office of National Drug Control Policy, "National Drug Control Strategy: FY2010 Budget Summary," (Washington, DC: 2009), p. 15.
    http://www.whitehousedrugpolicy.gov/publications/policy/11budget/fy11bud...

  29. (2009 - proposed U.S. drug control budget for drug courts) "The FY 2009 resources of $1.250 million will support NDCI’s [National Drug Court Institute] efforts to improve and expand drug courts through its research, training, and technical assistance programs. NDCI will conduct research and produce reports on successful methods of financing and sustaining drug courts. The program will also provide technical assistance to court systems wishing to adopt these methods. NDCI will use resources to continue to develop and encourage standard drug court data collection practices, which allow for comparisons across drug court systems."

    Source: 
    Office of National Drug Control Policy, "National Drug Control Strategy: FY2010 Budget Summary," (Washington, DC: 2009), p. 138.
    http://www.whitehousedrugpolicy.gov/publications/policy/10budget/ondcp.p...

  30. (2008 - costs for federal wiretaps) "The average cost of intercept devices installed in 2008 was $47,624, down 2 percent from the average cost in 2007. For federal wiretaps for which expenses were reported in 2008, the average cost was $70,536, a 7 percent increase from the average cost in 2007. The average cost of a state wiretap declined 6 percent to $41,154 in 2008."

    Applying the average cost of $70,536 for installing federal wiretapping devices and $41,154 for installing state devices to the respective 386 federal and 1,505 state wiretaps in 2008 -- and noting that 84% of wiretaps involve drug investigations -- brings the estimated 2008 spending for the installation of wiretap device for drug investigations to $22.8 million by the federal government and $52 million by the states. These costs exclude manpower and prosecution.

    Source: 
    Administrative Office of the United States Courts, 2008 Wiretap Report (Washington, DC: USGPO, April 2007), pp. 7 and 11.
    http://www.uscourts.gov/wiretap08/2008WTText.pdf

  31. (2008 - savings from legalizing drugs in the U.S.) "The report estimates that legalizing drugs would save roughly $48.7 billion per year in government expenditure on enforcement of prohibition. $33.1 billion of this savings would accrue to state and local governments, while $15.6 billion would accrue to the federal government. Approximately $13.7 billion of the savings would results from legalization of marijuana, $22.3 billion from legalization of cocaine and heroin, and $12.8 from legalization of other drugs."

    Source: 
    Miron, Jeffey A., PhD, "The Budgetary Implications of Drug Prohibition," (February, 2010), p. 1.
    http://www.economics.harvard.edu/faculty/miron/files/budget%202010%20Fin...

  32. (2008 - total annual costs of drug abuse) "Each year, drug-related deaths number in the thousands, and treatment admissions and emergency department (ED)visits both exceed a million. These and other consequences of drug abuse, including lost productivity associated with abuse, the impact on the criminal justice system, and the environmental impact that results from the production of illicit drugs, are estimated at nearly $215 billion3 annually."

    Source: 
    National Drug Intelligence Center, "National Drug Threat Assessment 2010," (Johnstown, PA: February 2010), p. 1.
    http://www.justice.gov/ndic/pubs38/38661/38661p.pdf

  33. (2008 - cost of narcotics trade) "The narcotics trade has also significantly impeded fiscal growth and stability by diverting scarce resources away from more-productive uses. Between 1981 and 2008, federal, state, and local governments are estimated to have spent at least $600 billion (adjusted for inflation) on drug interdiction and related law enforcement efforts; factoring in costs associated with treatment and rehabilitation, the overall total rises to around $800 billion.34 If one were to also add in “invisible” losses brought about by curtailed job opportunities and reduced workplace productivity, the true cost would be far higher."

    Source: 
    Chalk, Peter, "The Latin American Drug Trade: Scope, Dimensions, Impact, and Response," RAND Corporation for the the United States Air Force (Santa Monica, CA: 2011), p. 47.
    http://www.rand.org/content/dam/rand/pubs/monographs/2011/RAND_MG1076.pd...

  34. (2007 - cost of drug diversion) "...the estimated cost of CPD diversion and abuse to public and private medical insurers is $72.5 billion a year,3 much of which is passed to consumers through higher health insurance premiums. Additionally, the abuse of prescription opioids is burdening the budgets of substance abuse treatment providers, particularly as prescription opioid abuse might be fueling heroin abuse rates in some areas of the United States."

    Source: 
    National Drug Intelligence Center, Drug Enforcement Administration, "National Prescription Drug Threat Assessment," (Washington DC, April 2009), p. V.
    http://www.justice.gov/ndic/pubs33/33775/33775p.pdf

  35. (2007 - cost of law enforcement aircraft and use for counternarcotics) "Aviation units (190) reporting actual expenditures for 2007 spent approximately $283 million to purchase, lease or finance, maintain, and fuel their aircraft (table 4). Total expenditures for all 201 aviation units were estimated at $301 million in 2007."

    Since 89% of all aviation units participate in "Counternarcotics operations," total unit spending attributable this activity would approximate $268 million.

    Source: 
    Langston, Lynn, "Aviation Units in Large Enforcement Agencies, 2007" (Washington, DC: USDOJ, Bureau of Justice Statistics, July 2009), NCJ 226672, pp. 4 and 9.
    http://bjs.ojp.usdoj.gov/content/pub/pdf/aullea07.pdf

  36. (2006 - prescription drug diversion and fraud) "According to law enforcement reporting, some individuals and criminal groups divert CPDs [controlled prescription drugs] through doctor-shopping and use insurance fraud to fund their schemes. In fact, Aetna, Inc. reports that nearly half of its 1,065 member fraud cases in 2006 (the latest year for which data are available) involved prescription benefits, and most were related to doctor-shopping, according to the Coalition Against Insurance Fraud (CAIF). CAIF further reports that diversion of CPDs collectively costs insurance companies up to $72.5 billion annually, nearly two-thirds of which is paid by public insurers. Individual insurance plans lose an estimated $9 million to $850 million annually, depending on each plan’s size; much of that cost is passed on to consumers through higher annual premiums."

    Source: 
    National Drug Intelligence Center, Drug Enforcement Administration, "National Prescription Drug Threat Assessment," (Washington DC, April 2009), p. 20.
    http://www.justice.gov/ndic/pubs33/33775/33775p.pdf

  37. (2006 - retail value of hemp industry) "Retail sales of imported hemp products exceeded $70 million in the United States in 2006.62 Given hemp’s wide-ranging utility, supporters of domestic cultivation estimate that it would create a $300 million dollar industry.63"

    Source: 
    Kolosov, Christine A., "Evaluating the Public Interest: Regulation of Industrial Hemp under the Controlled Substances Act," UCLA Law Review (Los Angeles, CA: UCLA School of Law, 2009), p. 244.
    http://uclalawreview.org/pdf/57-1-5.pdf

  38. (2005 - federal, state and local expenditures on substance abuse) "In 2005, federal, state and local governments spent at least $467.7 billion on substance abuse and addiction."

    "Federal and state* governments spent $3.3 trillion in 2005 to operate government and provide public services such as education, health care, income assistance, child welfare, mental health, law enforcement and justice services, transportation and highway safety. Hidden in this spending was a stunning $373.9 billion--11.2 percent--that was spent on tobacco, alcohol and other drug abuse and addiction. A conservative estimate of local government spending on substance abuse and addiction in 2005 is $93.8 billion.

    "The vast majority of federal and state substance related spending--95.6 percent or $357.4 billion--went to carry the burden to government programs of our failure to prevent and treat the problem while only 1.9 percent was spent on preventing or treating addiction. Another 0.4 percent was spent on research and the remaining two percent was spent on alcohol and tobacco tax collection, regulation and operation of state liquor stores (1.4 percent) federal drug interdiction (0.7 percent). For every dollar the federal and state governments spent on prevention and treatment, they spent $59.83 shoveling up the consequences.

    "A staggering 71.1 percent of total federal and state spending on the burden of addiction is in two areas: health and justice. Almost three fifths (58.0 percent) of federal and state spending on the burden of substance abuse and addiction (74.1 percent of the federal burden) is in the area of health care where untreated addiction causes or contributes to over 70 other diseases requiring hospitalization. The second largest area of substance-related federal and state burden spending is the justice system (13.1 percent)."

    Source: 
    National Center on Addiction and Substance Abuse at Columbia University, "Shoveling Up II: The Impact of Substance Abuse on State Budgets" (New York, NY: CASA, May 2009), p. 2.
    http://www.casacolumbia.org/absolutenm/articlefiles/380-ShovelingUpII.pd...

  39. (2003 - arrests, cases, inmates, and criminal justice employees) "The increase in justice expenditures over nearly 20 years reflects the expansion of the Nation's justice system. For example, in 1982 the justice system employed approximately 1.27 million persons; in 2003 it reached over 2.3 million.

    "Police protection
    "One indicator of police workload, the FBI's arrest estimates for State and local police agencies, grew from 12 million in 1982 to an estimated 13.6 million in 2003. The number of employees in police protection increased from approximately 724,000 to over 1.1 million.

    "Judicial and legal
    "The judicial and legal workload, including civil and criminal cases, prosecutor functions, and public defender services, also expanded during this period. Cases of all kinds (criminal, civil, domestic, juvenile, and traffic) filed in the nearly 16,000 general and limited jurisdiction State courts went from about 86 million to 100 million in the 16-year period, 1987-2003. The total of judicial and legal employees grew about 101% to over 494,000 persons in 2003.

    "Corrections
    "The total number of State and Federal inmates grew from 403,000 in 1982 to over 1.4 million in 2003. The number of local jail inmates more than tripled from approximately 207,000 in 1982 to over 691,000 in 2003. Adults on probation increased from over 1.4 million to about 4.1 million persons. Overall, corrections employment more than doubled from nearly 300,000 to over 748,000 during this same period."

    Source: 
    Hughes, Kristen A., "Justice Expenditure and Employment in the United States, 2003" (Washington, DC: US Dept. of Justice, Bureau of Justice Statistics, April 2006), NCJ212260, p. 7.
    http://bjs.ojp.usdoj.gov/content/pub/pdf/jeeus03.pdf

  40. (2003 - funding of pharmaceutical drug development in the U.S.) "Nonetheless, one must wonder why drug development has not proceeded far more rapidly in the wake of dramatic breakthroughs in applied molecular biology in the past two decades or so. We cannot blame inadequate resources. Moses, et al. (2005) report that between 1994 and 2003, annual biomedical research funding in the United States doubled in real terms, reaching $94.3 billion. Private industry (pharmaceutical and biotechnology firms) accounted for about 57% of that, and NIH, 28%. Industry funding of clinical trials more than tripled in real terms to $14.2 billion in 2003. At the same time, however, the costs of bringing new drugs to market have been steadily increasing at rates well above inflation even as technological progress has reduced all manner of peripheral costs."

    Source: 
    Calfee, John E., "Innovative Drug Development in the Context of FDA Regulation," American Enterprise Institute for Public Policy Research (Washington, DC: February 7, 2006), p. 5.
    http://www.aei.org/docLib/20060208_FDAofdrugdevelopment.pdf

  41. (2003 - expenditures for criminal justice system) "In 2003 the United States spent a record $185 billion for police protection, corrections, and judicial and legal activities. Expenditures for operating the Nation's justice system increased from almost $36 billion in 1982 to over $185 billion in 2003, an increase of 418%"

    Source: 
    Hughes, Kristen A., "Justice Expenditure and Employment in the United States, 2003" (Washington, DC: US Dept. of Justice, Bureau of Justice Statistics, April 2006), NCJ212260, p. 2.
    http://bjs.ojp.usdoj.gov/content/pub/pdf/jeeus03.pdf

  42. (1981-2003 - historical prices of illicit drugs) "In summary, prices for powder cocaine, crack, and heroin declined sharply in the 1980s and have declined more gradually since then, with periodic interruptions by modest price spikes that have usually persisted for a year or less. For d-methamphetamine, the pattern is broadly similar, but the price spikes appear to be larger and longer-lasting, particularly for 1989–1991. Marijuana prices have followed a very different pattern, increasing from 1981 to 1991, then declining through 2000 and increasing over the past three years."

    Source: 
    Office of National Drug Control Policy, "The Price and Purity of Illicit Drugs: 1981 Through the Second Quarter of 2003" (Washington DC: Executive Office of the President, November 2004), Publication Number NCJ 207768, p. vii.
    http://www.ncjrs.gov/ondcppubs/publications/pdf/price_purity.pdf

  43. (2001 - cost to develop one new pharmaceutical drug) "According to the Tufts Center for the Study of Drug Development, the average cost to develop a new molecular entity is $802 million.3 The number of drugs available per condition bears out the claim that drug development costs are large, relative to market size, for many conditions."

    Source: 
    Lichtenberg, Frank R. and Waldfogel, Joel, "Does Misery Love Company? Evidence form Pharmaceutical Markets Before and After the Orphan Drug Act" Michigan Telecommunications and Technology Law Review (Ann Arbor, MI: Spring 2009), p. 336.
    http://www.mttlr.org/volfifteen/lichtenberg&waldfogel.pdf

  44. (1999 - U.S. drug control expenditures in 1990s) "The most recent figures available from the Office of National Drug Control Policy (ONDCP) indicate that, in 1999, federal expenditures on control of illegal drugs surpassed $17 billion; combined expenditures by federal, state, and local governments exceeded $30 billion. What is more, the nation's so-called 'drug war' is a protracted one. The country has spent roughly this amount annually throughout the 1990s."

    Source: 
    National Research Council, National Academy of Sciences, "Informing America's Policy on Illegal Drugs: What We Don't Know Keeps Hurting Us" (Washington, DC: National Academy Press, 2001), p. 1.
    http://www.nap.edu/openbook.php?record_id=10021&page=1

  45. (1999 - annual costs of substance abuse) "Studies have shown the annual cost of substance abuse to the Nation to be $510.8 billion in 1999 (Harwood, 2000). More specifically,

    "• Alcohol abuse cost the Nation $191.6 billion;
    "• Tobacco use cost the Nation $167.8 billion;
    "• Drug abuse cost the Nation $151.4 billion.

    "Substance abuse clearly is among the most costly health problems in the United States. Among national estimates of the costs of illness for 33 diseases and conditions, alcohol ranked second, tobacco ranked sixth, and drug disorders ranked seventh (National Institutes of Health [NIH], 2000)."

    Source: 
    Miller, T. and Hendrie, D. Substance Abuse Prevention Dollars and Cents: A Cost-Benefit Analysis, DHHS Pub. No. (SMA) 07-4298. Rockville, MD: Center for Substance Abuse Prevention, Substance Abuse and Mental Health Services Administration, 2009, p. 4.
    http://download.ncadi.samhsa.gov/prevline/pdfs/SMA07-4298.pdf

  46. (1998 - revenue from alcohol and tobacco vs. expenditures for substance abuse) "The final component of state substance abuse spending is the $433 million states spent in 1998 to regulate the sale of alcohol and tobacco and to collect alcohol and tobacco taxes (Table 5.1) Tax rates vary significantly from state to state and revenues generally are not dedicated to prevent, treat or cope with the burden substance abuse and addiction places on many state programs.

    "In 1998, states collected $4.0 billion in alcohol and $7.4 billion in tobacco taxes for a total of $11.4 billion. For every dollar of such tax revenues, states spent $7.13 on substance abuse and addiction -- $6.83 to shoulder the burden on public programs, $0.26 for prevention and treatment, and $0.04 to collect alcohol and tobacco taxes and run licensing boards."

    Source: 
    National Center on Addiction and Substance Abuse at Columbia University, Shoveling Up: The Impact of Substance Abuse on State Budgets (New York, NY: CASA, Jan. 2001), p. 27.
    http://www.casacolumbia.org/absolutenm/articlefiles/379-Shoveling%20Up.p...

  47. (1998 - itemized expenditures on substance abuse) "The justice system spends $433 million on treatment: $149 million for state prison inmates; $103 million for those on probation and parole; $133 million for juvenile offenders; $46 million to help localities treat offenders; $1 million on drug courts. Treatment provided by mental health institutions for co-morbid patients totals $241 million. The remaining $492 million is for the substance abuse portion of state employee assistance programs ($97 million), treatment programs for adults involved in child welfare services ($4.5 million) and capital spending for the construction of treatment facilities ($391 million). (Figure 4.B)"

    Source: 
    National Center on Addiction and Substance Abuse at Columbia University, Shoveling Up: The Impact of Substance Abuse on State Budgets (New York, NY: CASA, Jan. 2001), p. 24.
    http://www.casacolumbia.org/absolutenm/articlefiles/379-Shoveling%20Up.p...

  48. (1998 - expenditures on adverse drug reactions) "In our study, the total cost for patients with an ADR [adverse drug reaction] increased an average of $2401/patient (19.86% increase), or an additional $339,496,598 for all study patients. Extrapolating this finding to the entire Medicare population resulted in $516,034,829 in costs associated with ADRs. In a recent single-site study of ADEs [adverse drug events] from the same time frame, ADE occurrence resulted in an additional $3344/hospital stay.[10] Thus, an ADE costs about one third more than an ADR.

    "Drug costs for patients with an ADR increased an average of $175/patient (9.15% increase), or an additional $24,744,650 for all study patients. Extrapolating this finding to the entire Medicare population resulted in additional drug costs of $37,611,868 associated with ADRs. Laboratory costs for patients with an ADR increased an average of $44/patient (2.82% increase), or an additional $6,221,512 for all study patients. Extrapolating this finding to the entire Medicare population resulted in $9,456,698 in costs associated with ADRs.

    "For the 12,261,737 Medicare patients admitted to U.S. hospitals, ADRs were projected to cause the following increases: 2976 deaths, 118,200 patient-days, $516,034,829 in total costs, $37,611,868 in drug charges, and $9,456,698 in laboratory charges. The incentives for health care professionals to develop better systems and increase personnel awareness regarding ADRs are compelling.

    "Assuming that up to 50% of the 74,380 ADRs and 986 deaths reported in our study were avoidable, these findings have significant medical and legal implications.[10] Fatal ADEs that resulted in legal judgments or settlements cost an additional $1.1 million/death.[20] In one report, ADEs that caused permanent disability and resulted in legal judgments or settlements cost an additional $4.3 million/patient.[21] Also, 13% of patients who experienced an ADE that led to litigation received average settlements and judgments of $3.1 million/patient.[22]

    Applying the 13% figure to the 22.35 ± 33.41 patients/hospital/year who experienced an ADR (50% of ADRs potentially avoidable)[10] resulted in litigation for 2.91 patients/hospital/year, or $9,007,050/hospital/year in legal settlements and judgments. Extrapolating to the 3328 hospitals in our study resulted in $29,975,462,400/year allocated to settlements and judgments associated with ADRs. These figures probably are conservative, since the data were self-reported and likely undercount significantly the number of ADRs occurring in U.S. hospitals. Clearly, reducing ADRs would result in significant savings beyond the costs to individual patients and the Medicare system."

    Source: 
    C. A. Bond, PharmD, FASHP, FCCP and Cynthia L. Raehl, PharmD, FASHP, FCCP, "Adverse Drug Reactions in United States Hospitals," Pharmacotherapy, 2006;26(5):601-608.
    http://www.medscape.com/viewarticle/531809_4

  49. (1992 - costs reductions and savings from treatment) A study by the RAND Corporation found, "the savings of treatment programs are larger than the control costs; we estimate that the costs of crime and lost productivity are reduced by $7.46 for every dollar spend on treatment."

    Source: 
    Rydell, C.P. & Everingham, S.S., Controlling Cocaine, Prepared for the Office of National Drug Control Policy and the United States Army (Santa Monica, CA: Drug Policy Research Center, RAND Corporation, 1994), p. xvi.
    http://www.rand.org/pubs/monograph_reports/2006/RAND_MR331.pdf

  50. Economics - Data - State and Local

    (2009 - estimated annual state tax revenue from passage of California AB 390) "Based on the estimated 16 million ounces of annual consumption [of marijuana] in California and several assumptions (which are summarized in the Qualifying Remarks section), the revenue effect of the bill [California AB 390] is an estimated total annual revenue gain of $1.4 billion, as follows:

    • $990 million from the proposed $50 per ounce levy on retail sales of marijuana
    • $392 million in sales tax revenues"

    Source: 
    Waltz, Debra A., "State Board of Equalization Staff Legislative Bill Analysis," California State Board of Equalization, California Assembly, Bill No: AB 390 (July 2009), p. 6.
    http://www.boe.ca.gov/legdiv/pdf/ab0390-1dw.pdf

  51. (2008 - estimated state spending on corrections) "State spending for corrections totaled $52 billion in fiscal 2008, a 6.5 percent increase compared to the previous year. State spending on corrections in fiscal 2009 is estimated to total $53 billion, a 1.8 percent increase from fiscal 2008."

    "In fiscal 2008, corrections spending represented 3.5 percent of total state spending and 7 percent of general fund spending. General fund dollars are used primarily to fund state corrections spending and account for $47.7 billion, or 91.8 percent, of all fiscal 2008 state corrections spending. State funds (general funds and other state funds combined, but excluding bonds) accounted for 96.6 percent of total state corrections spending in fiscal 2008. Bonds accounted for 1.8 percent and federal funds accounted for 1.6 percent. In fiscal 2009, state funds are estimated to remain by far the largest source of total state correction spending at 95.7 percent. However, the growth rate of state funds in fiscal 2009 is much smaller than the growth rate of federal funds, with state funds growing 0.9 percent and federal funds growing 18.5 percent. Part of this is attributable to the increased federal funds included in the American Recovery and Reinvestment Act of 2009 (ARRA)."

    Source: 
    National Association of State Budget Officers (NASBO), "State Expenditure Report 2008," (Washington, DC: NASBO, Decemberl 2009), p. 54.
    http://www.nasbo.org/LinkClick.aspx?fileticket=%2fZWfTvJG8j0%3d&tabid=10...

  52. (2008 - costs of juvenile justice system) "Approximately 93,000 young people are held in juvenile justice facilities across the United States.1 Seventy percent of these youth are held in state-funded, post adjudication, residential facilities, at an average cost of $240.99 per day per youth.2" (Total cost = $22.4 million per day or $8.1 billion per year)

    Source: 
    Justice Policy Institute, "The Costs of Confinement: Why Good Juvenile Justice Policies Make Good Fiscal Sense," (Washington, DC: May 2009), p. 1.
    http://www.justicepolicy.org/images/upload/09_05_REP_CostsOfConfinement_...

  53. (2007 - state spending on corrections) "Collectively, correctional agencies now consume 6.8 percent of state general funds, 2007 data show.24 That means one in every 15 dollars in the states’ main pool of discretionary money goes to corrections. Considering all types of funds, corrections had the second fastest rate of growth in FY 2006. With a 9.2 percent jump, it trailed transportation but outpaced increases in spending on education and Medicaid."

    Source: 
    Pew Center on the States, "One in 100: Behind Bars in America 2008," (Washington, DC: The Pew Charitable Trusts, February 2008), p. 14.
    http://www.pewcenteronthestates.org/uploadedFiles/8015PCTS_Prison08_FINA...

  54. (2008 - marijuana arrests and costs in Rhode Island) "In 2007, there were 1,922 arrests for first-time marijuana possession in Rhode Island. In 2008, there were 584 incidents of incarceration for marijuana possession.1 Ending prohibition and eliminating these arrests would save the state approximately $12.7 million in criminal justice costs."

    Source: 
    Opendoors, "The Criminal Justice Costs of Marijuana Prohibition in Rhode Island," (Providence, RI: March 2010), p. 1.
    http://www.opendoorsri.org/marijuanapolicy

  55. (2007 - corrections cost per state prison inmate) According to the American Corrections Association, the average daily cost per state prison inmate per day in the US is $67.55. State prisons held 253,300 inmates for drug offenses in 2007. That means states spent approximately $17,110,415 per day to imprison drug offenders, or $6,245,301,475 per year.

    Source: 
    American Correctional Association, 2006 Directory of Adult and Juvenile Correctional Departments, Institutions, Agencies and Probation and Parole Authorities, 67th Edition (Alexandria, VA: ACA, 2006), p. 16; Sabol, William J., PhD, and West, Heather C., Bureau of Justice Statistics, Prisoners in 2007 (Washington, DC: US Department of Justice, December 2008), NCJ224280, p. 21, Appendix Table 10.
    http://bjs.ojp.usdoj.gov/content/pub/pdf/p07.pdf

  56. (2003 - spending on prisons vs. education) "In 2003, 7.2% of total State and local expenditures was for justice activities – 3% for police protection, 2.6% for corrections, and 1.5% for judicial and legal services (figure 3).

    "By comparison, 29% of State and local government spending went to education, 14% to public welfare, 7% to health and hospitals, and 4% to interest on debt."

    Source: 
    Hughes, Kristen A., "Justice Expenditure and Employment in the United States, 2003" (Washington, DC: US Dept. of Justice, Bureau of Justice Statistics, April 2006), NCJ212260, p. 4.
    http://bjs.ojp.usdoj.gov/content/pub/pdf/jeeus03.pdf

  57. (2003 - percentage of total criminal justice expenditure)
    "• Overall, local police spending represented 45% of the Nation's total justice expenditure, and State corrections accounted for the second largest portion, 33%.
    "• Police protection is primarily a local responsibility; accordingly, local governments spent 69% of the total police protection expenditure in the country in 2003.
    "• Corrections is primarily a State responsibility; as such State governments accounted for 64% of the Nation's corrections expenditure.
    "• Judicial and legal services in the United States were funded primarily by local (43%) and State (38%) governments."

    Source: 
    Hughes, Kristen A., "Justice Expenditure and Employment in the United States, 2003" (Washington, DC: US Dept. of Justice, Bureau of Justice Statistics, April 2006), NCJ212260, p. 4.
    http://bjs.ojp.usdoj.gov/content/pub/pdf/jeeus03.pdf

  58. (2001 - state prison costs) "Correctional authorities spent $38.2 billion to maintain the Nation’s State correctional systems in fiscal year 2001, including $29.5 billion specifically for adult correctional facilities. Day-to-day operating expenses totaled $28.4 billion, and capital outlays for land, new building, and renovations, $1.1 billion.

    "The average annual operating cost per State inmate in 2001 was $22,650, or $62.05 per day. Among facilities operated by the Federal Bureau of Prisons, it was $22,632 per inmate, or $62.01 per day."

    In constant dollars, expenditures for "Total State Corrections" were about 2.5 times higher in 2001 than they were in 1986, with the cost per state resident going from $65 in 1986 to $134 in 2001.

    Source: 
    Stephan, James J., "State Prison Expenditures, 2001," Bureau of Justice Statistics (Washington, DC: US Department of Justice, June, 2004), p. 1.
    http://bjs.ojp.usdoj.gov/content/pub/pdf/spe01.pdf

  59. (cost effectiveness of substance abuse treatment) "Substance abuse treatment is more cost-effective than prison or other punitive measures. The Washington State Institute for Public Policy (WSIPP) found that drug treatment conducted within the community is extremely beneficial in terms of cost, especially compared to prison. Every dollar spent on drug treatment in the community is estimated to return $18.52 in benefits to society."

    Source: 
    Justice Policy Institute, "Substance Abuse Treatment and Public Safety," (Washington, DC: January 2008), p. 2.
    http://www.justicepolicy.org/images/upload/08_01_REP_DrugTx_AC-PS.pdf

  60. (2000 - cost/benefit of adult offender drug treatment programs) "The legislature directed the Washington State Institute for Public Policy (Institute) to evaluate the costs and benefits of certain juvenile and adult criminal justice policies, violence prevention programs, and other efforts to decrease particular “at-risk” behaviors of youth."

    With regard to adult offender drug treatment programs, it found, "Generally, drug treatment for adult offenders works to lower criminal recidivism rates. The degree to which recidivism is reduced is not large—single digit, not double digit, percentage reductions in recidivism rates should be expected. Nonetheless, with treatment typically costing about $2,500 per participant, the net economics of drug treatment appear positive, on average. The programs roughly break even from a taxpayer-only perspective and, including the benefits crime victims receive when recidivism rates are reduced, the programs typically produce about three dollars in benefits per dollar of cost."

    These specific drug treatment programs yield the following benefit-to-cost ratios:

    Benefit to Cost Ratios of Adult Drug Treatment Programs
    In-Prison Therapeutic Community, Without Community Aftercare: $1.91 benefit to $1.00 of cost
    In-Prison Therapeutic Community, With Community Aftercare: $2.69 benefit to $1.00 of cost
    Non-Prison Therapeutic Community: $8.87 benefit to $1.00 of cost
    In-Prison Non-residential Substance Abuse Treatment: $6.17 benefit to $1.00 of cost
    Drug Courts $2.83 benefit to $1.00 of cost
    Case Management Substance Abuse Programs: $1.56 benefit to $1.00 of cost
    Community-Based Substance Abuse Treatment: $3.30 benefit to $1.00 of cost
    Drug Treatment Programs in Jails $3.87 benefit to $1.00 of cost
    Source: 
    Aos, Steve; Phipps, Polly; Barnoski, Robert; Lieb, Roxanne, "The Comparative Costs and Benefits of Programs to Reduce Crime," Washington State Institute for Public Policy (Olympia, WA: May 2001), pp. 1, 23-26.
    http://www.wsipp.wa.gov/rptfiles/costbenefit.pdf

  61. (1998 - state expenditures on drug treatment and enforcement) "Of the $3 billion states spend on prevention, treatment and research, $920 million (30.7 percent) is spent by state health agencies; $843 million (27.9 percent) by state alcohol and drug abuse offices; $433 million (14.3 percent) by the justice system."

    Source: 
    National Center on Addiction and Substance Abuse at Columbia University, Shoveling Up: The Impact of Substance Abuse on State Budgets (New York, NY: CASA, Jan. 2001), p. 22.
    http://www.casacolumbia.org/absolutenm/articlefiles/379-Shoveling%20Up.p...

  62. (1998 - state spending on substance abuse treatment) "States report spending $2.5 billion a year on treatment. States did not distinguish whether the treatment was for alcohol, illicit drug abuse or nicotine addiction. Of the $2.5 billion total, $695 million is spent through the departments of health and $633 million through the state substance abuse agencies. We believe that virtually all of these funds are spent on alcohol and illegal drug treatment."

    Source: 
    National Center on Addiction and Substance Abuse at Columbia University, Shoveling Up: The Impact of Substance Abuse on State Budgets (New York, NY: CASA, Jan. 2001), p. 24.
    http://www.casacolumbia.org/absolutenm/articlefiles/379-Shoveling%20Up.p...

  63. (1998 - state spending on substance abuse) In January 2001, the National Center on Addiction and Substance Abuse at Columbia University published an analysis of costs to states from tobacco, alcohol and other drug addiction. According to the report,

    "CASA's analysis revealed a few cost categories where only a single category of substances is implicated. (Figure 2.B) For instance, CASA identified $1.1 billion in state spending linked to illicit drug use only: $574 million for public safety costs for drug enforcement programs; $114 million for drug courts; and $412 million linked to illegal drugs in state spending on Medicaid.

    "CASA estimates that $7.4 billion in state spending is linked exclusively to tobacco through state Medicaid spending.

    "The single drug linked to the largest percentage of state costs is alcohol. We were able to identify $9.2 billion in state spending linked to only to alcohol in addition to the costs associated with abuse of both alcohol and illegal drugs: $915 million on highway safety and local law enforcement associated with drunk driving; $837 million in state costs for the developmentally disabled as a result of fetal alcohol syndrome; and, $7.4 billion in state Medicaid costs."

    Source: 
    National Center on Addiction and Substance Abuse at Columbia University, Shoveling Up: The Impact of Substance Abuse on State Budgets (New York, NY: CASA, Jan. 2001), p. 11.
    http://www.casacolumbia.org/absolutenm/articlefiles/379-Shoveling%20Up.p...

  64. (1998 - state spending on substance abuse) "State spending for substance abuse in the justice system amounts to over one-third (39.4 percent) of the $77.9 billion states spend on the burden of substance abuse to state programs – 10 times the amount states spend on all substance abuse prevention, treatment and research."

    Source: 
    National Center on Addiction and Substance Abuse at Columbia University, Shoveling Up: The Impact of Substance Abuse on State Budgets (New York, NY: CASA, Jan. 2001), p. 15.
    http://www.casacolumbia.org/absolutenm/articlefiles/379-Shoveling%20Up.p...

  65. (1998) "Of the $81.3 billion states spent on substance abuse in 1998, $77.9 billion were spent shoveling the wreckage of this enormous health and social problem. These clean-up costs equal 12.6 percent of the total $620 billion in state spending for 1998. (Table 3.1)

    "Almost ninety-six (95.8) cents of every state dollar spent on substance abuse goes to carry its burden in state programs such as criminal justice, school aid, Medicaid, child welfare, developmental disabilities and mental illness because of our failure to prevent substance abuse and treat those who are abusers and addicts."

    Source: 
    National Center on Addiction and Substance Abuse at Columbia University, Shoveling Up: The Impact of Substance Abuse on State Budgets (New York, NY: CASA, Jan. 2001), p. 13.
    http://www.casacolumbia.org/absolutenm/articlefiles/379-Shoveling%20Up.p...

  66. (1998 - spending on substance abuse prevention) "Only $513.3 million in state funds is spent nationwide on substance abuse prevention. This includes $223 million through the department of health, $210 million through the department of substance abuse and $80 million in prevention in elementary and secondary education. Most spending for prevention through the schools is federally funded and that amount is not included here."

    Source: 
    National Center on Addiction and Substance Abuse at Columbia University, Shoveling Up: The Impact of Substance Abuse on State Budgets (New York, NY: CASA, Jan. 2001), p. 22.
    http://www.casacolumbia.org/absolutenm/articlefiles/379-Shoveling%20Up.p...

  67. (1998 - state spending on incarceration) "States spent $29.8 billion in 1998 for adult corrections including incarceration, probation and parole. Eighty-one percent of this amount ($24.1 billion) was spent on substance-involved offenders. Of the $24.1 billion, $21.4 billion went to run and build prisons to house substance-involved offenders, $1.1 billion for parole and $695 million for probation for substance-involved offenders. An additional $899 million was spent on state aid to localities for substance-involved offenders."

    Source: 
    National Center on Addiction and Substance Abuse at Columbia University, "Shoveling Up II: The Impact of Substance Abuse on State Budgets" (New York, NY: CASA, January 2001), p. 15.
    http://www.casacolumbia.org/absolutenm/articlefiles/379-Shoveling%20Up.p...

  68. (1992 - cost of substance abuse treatment vs. enforcement) "Domestic enforcement costs 4 times as much as treatment for a given amount of user reduction, 7 times as much for consumption reduction, and 15 times as much for societal cost reduction."

    Source: 
    Rydell, C.P. & Everingham, S.S., Controlling Cocaine, Prepared for the Office of National Drug Control Policy and the United States Army (Santa Monica, CA: Drug Policy Research Center, RAND Corporation, 1994), p. xvi.
    http://www.rand.org/pubs/monograph_reports/2006/RAND_MR331.pdf

  69. Economics - Research

    (drug use and the labor supply) According to a study funded by the Robert Wood Johnson Foundation and published by the Southern Economic Journal in 2001, "Nonchronic drug use was not statistically related to either of the labor supply measures, indicating that light or casual drug use did not lead to negative effects on the labor supply."

    Source: 
    French, Michael T., M. Christopher Roebuck, and Pierre Kebreau Alexandre, "Illicit Drug Use, Employment, and Labor Force Participation," Southern Economic Journal (Southern Economic Association: Oklahoma State University, Stillwater, OK, 2001), 68(2), p. 366.

  70. (drug dealing and the local community) "... some of the drug-dealing markets were very much part of the local community – involving people who had lived within the local community for many years. Other drug markets in other areas involved individuals who had no connection to the wider community and whose activities were seen as threatening the local area. While May and colleagues point to the various negative impacts of local drug-selling activities on the wider community, they also point out that such markets could be seen as having a positive impact on the surrounding community. For example, the presence of a drug-dealing market could mean the influx of substantial cash that would otherwise not occur as local drug dealers spent the money earned from their drug-selling activities. Similarly, it was claimed by some of those interviewed that the presence of a drug-dealing market could result in lower levels of other crimes as the drug sellers themselves sought to reduce the activities of other criminals that might attract unwanted police attention. Finally, the presence of a drug market could sustain a thriving market in stolen goods being transacted as a way of supporting a drug habit, one of the results of this being that local people had access to a level of consumer products at reduced prices that they might otherwise never be able to afford."

    Source: 
    Lloyd, Charlie and McKeganey, Neil, "Drugs Research: An overview of evidence and questions for policy," Joseph Rowntree Foundation (London, United Kingdom: June 2010), p. 43.
    http://www.jrf.org.uk/sites/files/jrf/drugs-research-overview-full.pdf

  71. (drug use in low income areas) "Although residents of disadvantaged neighborhoods, neighborhoods with high concentrations of minorities, and neighborhoods with high population densities reported much higher levels of visible drug sales, they reported only slightly higher levels of drug use, along with somewhat higher levels of drug dependency. This finding indicates that conflating drug sales with use, so that poor and minority areas are assumed to be the focus of the problem of drug use, is plainly wrong. The finding is based on the data collected across 41 sites, including city and suburban (but not rural) areas in all regions."

    Source: 
    Saxe, Leonard, PhD, Charles Kadushin, PhD, Andrew Beveridge, PhD, et al., "The Visibility of Illicit Drugs: Implications for Community-Based Drug Control Strategies," American Journal of Public Health (Washington, DC: American Public Health Association, Dec. 2001), Vol. 91, No. 12, p. 1991.
    http://ajph.aphapublications.org/cgi/reprint/91/12/1987.pdf

  72. "The long-run elasticities provide a basis for estimating potential benefits from changing the current policy mix away from enforcement and interdiction and towards education and treatment. Applying the estimated coefficients, a 10 percent reduction in expenditures on enforcement (about 1 billion dollars by the late 1990s) would be associated with a long-run reduction of over 20% in both the number of deaths and the age-adjusted death rate. This would imply that close to 3,000 deaths a year might be avoided with a shift away from enforcement approaches to drug control. Adding the billion dollars to education and treatment would represent an 18% increase in 1998. The estimated elasticity of 1.59 implies a reduction of close to 5,000 drug-induced deaths per year as a result. Thus, the underlying estimates suggest that very substantial improvements in public health may be achieved by emphasizing education and treatment over enforcement and interdiction."

    Source: 
    Shepard, Edward & Paul R. Blackley, "US Drug Control Policies: Federal Spending on Law Enforcement Versus Treatment in Public Health Outcomes," Journal of Drug Issues, Vol. 34, No. 4, Fall 2004, pp. 781-782.

  73. (drug use in low income areas) "Although serious drug use is slightly more prevalent in poor minority neighborhoods than elsewhere, the major problem for disadvantaged neighborhoods is drug distribution. These communities are victims not only of their own drug abuse but also of a criminal drug market that serves the entire society. The market establishes itself in disadvantaged communities in part because of the low social capital in these neighborhoods. The drug economy further erodes that social capital."

    Source: 
    Saxe, Leonard, PhD, Charles Kadushin, PhD, Andrew Beveridge, PhD, et al., "The Visibility of Illicit Drugs: Implications for Community-Based Drug Control Strategies," American Journal of Public Health (Washington, DC: American Public Health Association, Dec. 2001), Vol. 91, No. 12, p. 1992.
    http://ajph.aphapublications.org/cgi/reprint/91/12/1987.pdf

  74. (drug dealing and employment) The average "dealer" holds a low-wage job and sells part-time to obtain drugs for his or her own use. "Earnings for drug selling were positively correlated (though weakly) with legitimate earnings. Drug selling seemed to be a complement to, rather than a substitute for, legitimate employment."

    Source: 
    Reuter, P., MacCoun, R., & Murphy, P., Money from Crime: A Study of the Economics of Drug Dealing in Washington DC (Santa Monica, CA: The RAND Corporation, 1990), pp. 49-50.
    http://www.rand.org/pubs/reports/2005/R3894.pdf

  75. (economic incentive of prisons) "The economic benefits of new prisons may come from the flow of additional state and federal dollars. In the decennial census, prisoners are counted where they are incarcerated, and many federal and state funding streams are tied to census population counts. According to the U.S. General Accounting Office (2003), the federal government distributes over $140 billion in grant money to state and local governments through formula-based grants. Formula grant money is in part based on census data and covers programs such as Medicaid, Foster Care, Adoption Assistance, and Social Services Block Grant (U.S. General Accounting Office 2003). Within a state, funding for community health services, road construction and repair, public housing, local law enforcement, and public libraries are all driven by population counts from the census."

    Source: 
    Lawrence, Sarah and Jeremy Travis, "The New Landscape of Imprisonment: Mapping America's Prison Expansion" (Washington, DC: Urban Institute, April 2004), p. 3.
    http://www.urban.org/UploadedPDF/410994_mapping_prisons.pdf

  76. (limited economic benefits of prison construction) "The few studies on the local economic impacts of prisons to date have not found significant positive impacts. For example, a study by the Sentencing Project challenges the notion that a new prison brings economic benefits to smaller communities. Using 25 years of data from New York State rural counties, the authors looked at employment rates and per capita income and found 'no significant difference or discernible pattern of economic trends' between counties that were home to a prison and counties that were not home to a prison (King, Mauer, and Huling 2003). According to a recent study by Iowa State University, many towns that made sizeable investments in prisons did not reap the economic gains that were predicted (Besser 2003). Another analysis in Texas found no impacts as measured by consumer spending in nearly three-fourths of the areas examined (Chuang 1998)."

    Source: 
    Lawrence, Sarah and Jeremy Travis, "The New Landscape of Imprisonment: Mapping America's Prison Expansion" (Washington, DC: Urban Institute, April 2004), p. 3.
    http://www.urban.org/UploadedPDF/410994_mapping_prisons.pdf

  77. (termination of state addiction disability payments) Research assessing the impact of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) found that the termination of addiction disability payments has had a negative effect.

    According to the study, "While the aim of SSI addiction disability termination was, for conservatives, to force individuals to take greater responsibility in their lives and to decrease dependence on governmentally funded programs, this goal appears nearly impossible to achieve given the lack of resources had by this under-skilled and poor population. Nor did the policy change necessarily decrease their risk of continued involvement in drugs and crime. We estimate that losing a stable housing situation has placed respondents at greater risk for continued drug and alcohol use, something not considered by extant etiological work on individual substance abuse. These consequences could mean a greater dependence of this population on state and federally funded programs."

    Source: 
    Anderson, Tammy L., Caitlin Shannon, Igor Schyb, and Paul Goldstein, "Welfare Reform and Housing: Assessing the Impact to Substance Abusers," Journal of Drug Issues (Tallahassee, FL: Florida State University, Winter 2002), Vol. 32, No. 1, p. 290.
    http://www.udel.edu/soc/tammya/pdfs/Welfare%20Reform%20and%20Housing,%20...

  78. (termination of state addiction disability payments) "First, PRWORA of 1996 has destabilized the housing situations of the respondents and has placed them at greater risk for various types of housing problems and homelessness. Second, these housing complications have exacerbated numerous social problems (drug and alcohol abuse, crime, and victimization). It is important to consider, however, that changes in the housing market, decreased housing subsidies, and individual characteristics and behaviors also played a role in these negative outcomes.

    "More specifically, we found considerable housing dependency, at some level, for all respondents, albeit most often among those who currently had no SSI benefits. Problematic dependence on family, friends, and significant others (doubling up or sharing housing with other adults) was most common, followed by dependence on state-funded program. Independent living (e.g., having one's own place and paying one's own rent), which we would hope for most by middle-age, was an uncommon occurrence."

    Source: 
    Anderson, Tammy L., Caitlin Shannon, Igor Schyb, and Paul Goldstein, "Welfare Reform and Housing: Assessing the Impact to Substance Abusers," Journal of Drug Issues (Tallahassee, FL: Florida State University, Winter 2002), Vol. 32, No. 1, pp. 288-289.
    http://www.udel.edu/soc/tammya/pdfs/Welfare%20Reform%20and%20Housing,%20...

  79. (termination of government benefits and risk of drug use) "A qualitative analysis, featuring in-depth interviews with 101, nonrandomly selected former recipients revealed that disability benefits promoted housing autonomy, successful cohabitation, and overall housing stability. The termination of benefits, at a time of diminishing social services (e.g., cash and housing assistance) and a housing market explosion, increased various types of homelessness for respondents and dependency on family and friends. Such negative living outcomes, in turn, further escalated the risk of drug and alcohol use, criminal participation, and victimization."

    Source: 
    Anderson, Tammy L., Caitlin Shannon, Igor Schyb, and Paul Goldstein, "Welfare Reform and Housing: Assessing the Impact to Substance Abusers," Journal of Drug Issues (Tallahassee, FL: Florida State University, Winter 2002), Vol. 32, No. 1, p. 265.
    http://www.udel.edu/soc/tammya/pdfs/Welfare%20Reform%20and%20Housing,%20...

  80. (drug sales in impoverished neighborhoods) In a report funded by the Wisconsin Policy Research Institute, researchers concluded that "drug sales in poor neighborhoods are part of a growing informal economy which has expanded and innovatively organized in response to the loss of good jobs." The report characterizes drug dealing as "fundamentally a lower class response [to the information economy] by men and women with little formal education and few formal skills," and the report notes "If the jobs won't be created by either the public or private sector, then poor people will have to create the jobs themselves."

    Source: 
    Hagedorn, John M., Ph.D., The Business of Drug Dealing in Milwaukee (Milwaukee, WI: Wisconsin Policy Research Institute, 1998), p. 3.
    http://www.csdp.org/research/drugdeal.pdf

  81. (2008 - Youth Ant-Drug Media Campaign - incremental value) "The [Youth Anti-Drug Media] Campaign’s Media Match program has generated more than $1.22 billion in incremental media value for the Media Campaign since its inception. During FY 2008, the advertising contractor was able to negotiate more than the one-for-one match requirement. Interactive and Radio media placements generated the greatest additional impact for the Campaign by providing more than 10% above the match requirement."

    Source: 
    Office of National Drug Control Policy, "National Drug Control Strategy: FY2010 Budget Summary," (Washington, DC: 2009), p. 141.
    http://www.whitehousedrugpolicy.gov/publications/policy/10budget/ondcp.p...

  82. (2008, 2009, 2010 - Youth Anti-Drug Media Campaign - annual budget) The 2008, 2009, and 2010 budgets for the National Youth Anti-Drug Media Campaign were respectively $60 million (Final), $70 million (Enacted), and $70 million (Requested). For all years since inception, Congressional appropriations for campaign total more than $1.7 billion.

    Source: 
    Office of National Drug Control Policy, "National Drug Control Strategy: FY2010 Budget Summary," (Washington, DC: 2009), p. 137.
    http://www.whitehousedrugpolicy.gov/publications/policy/10budget/ondcp.p...

    General Accountability Office. "ONDCP Media Campaign - National Evaluation Did Not Find That the Youth Anti-Drug Media Campaign Was Effective in Reducing Youth Drug Use," (Washington, DC: report to the Chairman and Ranking Member, Subcommittee on Transportation, Treasury, the Judiciary, Housing and Urban Development, and Related Agencies, Committee on Appropriations, U.S. Senate, August 2006), GAO-06-818, p. 10.
    http://www.gao.gov/new.items/d06818.pdf


  83. (2006 - Youth Ant-Drug Media Campaign - funding) "As part of the Treasury and General Government Appropriation Act of 1998,7the Drug Free Media Campaign Act of 1998 required, among other things, the Office of National Drug Control Policy to conduct a national media campaign for the purpose of reducing and preventing drug abuse among young people in the United States.8"

    "From fiscal year 1998 through fiscal year 2004, Congress appropriated $1.225 billion to support the campaign (table 1)"

    "For fiscal year 2007, the President’s budget requested $120 million for campaign activities. The 2007 request represents an increase of $21 million above the fiscal year 2006 budget authority."

    Source: 
    General Accountability Office. "ONDCP Media Campaign - National Evaluation Did Not Find That the Youth Anti-Drug Media Campaign Was Effective in Reducing Youth Drug Use," (Washington, DC: report to the Chairman and Ranking Member, Subcommittee on Transportation, Treasury, the Judiciary, Housing and Urban Development, and Related Agencies, Committee on Appropriations, U.S. Senate, August 2006), GAO-06-818, p. 8, p. 9., and p 10.
    http://www.gao.gov/new.items/d06818.pdf

Drug Interdiction

Please use the following links to access these Interdiction of Drugs sub-chapters:

Data - "Interdiction - Data" data concerning drug interdiction ordered by data year and subject of the data in parentheses.

Research - "Interdiction - Research" research studies that concern the interdiction of drugs, with the subject of the research in italicized parentheses.

Domestic Surveillance - "Interdiction - Domestic Surveillance" information concerning government surveillance of substance users and those advocating for drug law reform, with the subject in italicized parentheses.

Terrorism - "Interdiction - Drugs and Terrorism" information concerning the relationship between illicit drugs and acts of terrorism.
_________________________________________________

Please use the following links to access these data tables:

"Federal Agencies that Investigate and Enforce Drug Laws"
_________________________________________________

  1. (Interdiction - HIDTA definition) "The HIDTA [High Intensity Drug Trafficking Area] program, originally authorized by the Anti-Drug Abuse Act of 1988 (P.L. 100-690),155 provides assistance to federal, state, and local law enforcement operating in areas deemed as the most-impacted by drug trafficking. Each HIDTA is governed by a separate executive board comprised of about eight federal agencies and eight state or local agencies. The program’s main goals are to

    • assess regional drug threats;
    • develop strategies focusing efforts on combating drug trafficking threats;
    • create and fund initiatives to improve these strategies;
    • facilitate coordination between federal, state, and local efforts; and
    • produce efficient drug control efforts to reduce/eliminate the impact of drug trafficking.156

    "The Director of the Office of National Drug Control Policy (ONDCP) has the authority to designate areas within the United States and its territories that are centers of illegal drug production, manufacturing, importation, or distribution as HIDTAs—of which there are currently 28."

    Source: 
    Finklea, Kristin M., "The Interplay of Borders, Turf, Cyberspace, and Jurisdiction: Issues Confronting U.S. Law Enforcement," Congressional Research Service (Washington, DC: Library of Congress, July 19, 2011), p. 30.
    http://www.fas.org/sgp/crs/misc/R41927.pdf

  2. (interdiction - drug enforcement agencies) "Drug-related activities in the United States span a number of agencies. In addition to the DoD [Department of Defense] activities focused on drug trafficking discussed previously, a range of programs involving intelligence collection, analysis, and sharing are in place at a number of levels. The central actor in counternarcotics and, therefore, domestic intelligence activities in this area is the DEA [Drug Enforcement Administration]. The agency’s Intelligence Division manages a number of offices and programs that interface both with other agencies in the intelligence community (e.g., the division’s National Security Intelligence Section) and operations to support state and local law enforcement activities (such as Operation Pipeline, which provides training, communication, and analytic support to local law enforcement targeting private motor vehicles involved in drug trafficking, and Operation Convoy, its commercial vehicle counterpart). The Intelligence Division manages information fusion centers. For example, the El Paso Intelligence Center (EPIC) is the major hub for collecting, analyzing, and disseminating drug related intelligence for all levels of law enforcement and government. It covers drug, alien, and weapon smuggling, as well as terrorism-related smuggling. To support state and local operations, the DEA has organized Mobile Enforcement Teams (METs) to assist state and local law enforcement facing particularly difficult drug-enforcement challenges. When requested by state and local law enforcement, the DEA will send a team to assist in investigation, intelligence collection and analysis, arrests, and prosecution."

    Source: 
    Jackson, Brian A.; Noricks, Darcy; and Goldsmith, Benjamin W., "Current Domestic Intelligence Efforts in the United States," RAND Corporation (Santa Monica, CA: 2009), pp. 65-66.
    http://www.rand.org/pubs/monographs/2009/RAND_MG804.pdf

  3. (violence in drug law enforcement) "Based on the available English language scientific evidence, the results of this systematic review suggest that an increase in drug law enforcement interventions to disrupt drug markets is unlikely to reduce violence attributable to drug gangs. Instead, from an evidence-based public policy perspective and based on several decades of available data, the existing evidence strongly suggests that drug law enforcement contributes to gun violence and high homicide rates and that increasingly sophisticated methods of disrupting organizations involved in drug distribution could unintentionally increase violence. In this context, and since drug prohibition has not achieved its stated goal of reducing drug supply, alternative models for drug control may need to be considered if drug-related violence is to be meaningfully reduced."

    Source: 
    International Centre for Science in Drug Policy, "Effect of Drug Law Enforcement on Drug-Related Violence: Evidence from a Scientific Review," (Vancouver, British Columbia: 2010), p. 22.
    http://www.icsdp.org/docs/ICSDP-1%20-%20FINAL.pdf

  4. (militarization of law enforcement) "Over the last 25 years, America has seen a disturbing militarization of its civilian law enforcement, along with a dramatic and unsettling rise in the use of paramilitary police units (most commonly called Special Weapons and Tactics, or SWAT) for routine police work. The most common use of SWAT teams today is to serve narcotics warrants, usually with forced, unannounced entry into the home.

    "These increasingly frequent raids, 40,000 per year by one estimate, are needlessly subjecting nonviolent drug offenders, bystanders, and wrongly targeted civilians to the terror of having their homes invaded while they’re sleeping, usually by teams of heavily armed paramilitary units dressed not as police officers but as soldiers. These raids bring unnecessary violence and provocation to nonviolent drug offenders, many of whom were guilty of only misdemeanors. The raids terrorize innocents when police mistakenly target the wrong residence. And they have resulted in dozens of needless deaths and injuries, not only of drug offenders, but also of police officers, children, bystanders, and innocent suspects."

    Source: 
    Balko, Rodney, "Overkill: The Rise of Paramilitary Police Raids in America," Cato Institute (Washington, DC: 2006), p. 1.
    http://www.cato.org/pubs/wtpapers/balko_whitepaper_2006.pdf

  5. (human influence on drug detection dogs) "The overwhelming number of incorrect alerts [by drug and/or explosive detection dogs] identified across conditions confirms that handler beliefs affect performance. Further, the directed pattern of alerts in conditions containing a marker compared with the pattern of alerts in the condition with unmarked decoy scent suggests that human influence on handler beliefs affects alerts to a greater degree than dog influence on handler beliefs."

    "In conclusion, these findings confirm that handler beliefs affect working dog outcomes, and human indication of scent location affects distribution of alerts more than dog interest in a particular location."

    Source: 
    Lit, Lisa; Schweitzer, Julie B.; Oberbauer, Anita M., "Handler beliefs affect scent detection dog outcomes," Animal Cognition (Heidelberg, Germany: January 2011), Volume 8, Number 3, pp. 202 and 204.
    http://www.springerlink.com/content/j477277481125291/fulltext.pdf

  6. (drug production and law enforcement seizures) One of the major problems with supply reduction efforts (source control, interdiction, and domestic enforcement) is that, "Free entry into the cocaine business, at all levels, allows suppliers to expand to cover the loses due to seizures.8 ... suppliers simply produce for the market what they would have produced anyway plus enough extra to cover anticipated government seizures."

    Source: 
    Rydell, C.P. & Everingham, S.S., Controlling Cocaine, Prepared for the Office of National Drug Control Policy and the United States Army (Santa Monica, CA: Drug Policy Research Center, RAND, 1994), p. 6.
    http://www.rand.org/pubs/monograph_reports/2006/RAND_MR331.pdf

  7. (Canada - United States border) "Through successful binational fora such as the Cross-Border Crime Forum (CBCF) and Project North Star, the United States and Canada have increased intelligence-sharing and joint training opportunities for law enforcement officials. Investigative cooperation has also been expanded, through the establishment of new Integrated Border Enforcement Teams and notable enforcement initiatives such as Operation Sweet Tooth/Project O’Skillet and Operation Triple Play/Project O’Slider. The result: greater success in seizing illicit drugs crossing the U.S.-Canada border and apprehending those that traffic them.

    "Despite our best efforts, drug trafficking still occurs in significant quantities in both directions across the border. The principal illicit substances smuggled across our shared border are MDMA (Ecstasy), cocaine, and marijuana."

    Source: 
    Government of the United States and the Government of Canada, "United States - Canada Border: Drug Threat Assessment 2007" (March 2008), p. vii.
    http://www.publicsafety.gc.ca/prg/le/oc/_fl/us-canadian-report-drugs-eng...

  8. Interdiction - Data

    (2010 - Weed and Seed program) "The Weed and Seed (W&S) strategy was launched more than 18 years ago by the U.S. Department of Justice (DOJ) as a community-based, comprehensive, multiagency approach to law enforcement, crime prevention, and community revitalization in high-crime neighborhoods. Since its start in three demonstration sites, W&S initiatives have been established in hundreds of neighborhoods nationwide. In early 2010, 256 sites were active in 46 states and 2 territories. Beginning around 2007, W&S funding has been limited to 5 years for a given site, with a maximum of $1 million over that time."

    Source: 
    Trudeau, James; Barrick, Kelle; Williams, Jason, "Independent Evaluation of the National Weed and Seed Strategy," Office of Justice Programs, Community Capacity Development Office (Washington, DC: U.S. Department of Justice, September 2010), p. 2.
    http://www.weedandseed.info/docs/reports/WnS_Final_Evaluation_Report.pdf

  9. (2008 - wiretapping) "The number of wiretaps reported decreased 14 percent in 2008. A total of 1,891 applications were reported as authorized in 2008, including 386 submitted to federal judges and 1,505 to state judges. No applications were denied. Compared to the number approved during 2007, the number of applications reported as approved by federal judges in 2008 fell 16 percent. The number of applications approved by state judges declined 14 percent. Wiretap applications in New York (433 applications), California (418 applications), New Jersey (175 applications), and Florida (102 applications) accounted for 75 percent of all applications approved by state judges."

    Source: 
    Administrative Office of the United States Courts, 2008 Wiretap Report (Washington, DC: USGPO, April 2007), p. 7.
    http://www.uscourts.gov/wiretap08/2008WTText.pdf

  10. (2008 - cocaine value and drug trafficking cartels) "As Mexican traffickers wrested control of the most valuable portions of the trafficking chain from the Colombians, Mexico itself has become by far the most important conduit for cocaine entering the United States. Today, some 200 mt of cocaine transits Central America and Mexico annually, bringing some US$6 billion to the regional 'cartels'. As a result, those who control the portions of the Mexican border through which the bulk of the drug passes have gained wealth and power comparable to that commanded by the Colombian cartels in their heyday. These groups command manpower and weaponry sufficient to challenge the state when threatened, including access to military arms and explosives."

    Source: 
    UNODC, World Drug Report 2010 (United Nations Publication, Sales No. E.10.XI.13), p. 237.
    http://www.unodc.org/documents/wdr/WDR_2010/World_Drug_Report_2010_lo-re...

  11. (2007 - law enforcement use of aircraft) "During 2007, about 1 in 5 large law enforcement agencies had a specialized aviation unit operating at least one fixed wing plane or helicopter. These 201 aviation units, located in departments of 100 or more sworn officers, employed about 3,400 persons, operated almost 900 aircraft in 46 states and the District of Columbia, and logged an estimated 363,000 flight hours.

    "Aviation units spent an estimated total of $300 million in 2007 on aircraft purchases, leasing and financing, and maintenance and fuel.

    "Among aviation units operating planes, the three most common functions performed by 80% or more of all units were pilot training (87%), surveillance (84%), and personnel transport (80%). By contrast, over 80% of aviation units using a helicopter engaged in the following seven functions: photographic flights (99%), surveillance (97%), routine patrol or patrol support (93%), fugitive searches (91%), pilot training (90%), search and rescue (90%), and drug location and interdiction (89%)."

    Source: 
    Langston, Lynn, "Aviation Units in Large Enforcement Agencies, 2007" (Washington, DC: USDOJ, Bureau of Justice Statistics, July 2009), NCJ 226672. pp. 1, 10.
    http://bjs.ojp.usdoj.gov/content/pub/pdf/aullea07.pdf

  12. (2007 - High Intensity Drug Trafficking Areas) "For FY 2007, the most recent year for which data are available, annual reports indicate that there were almost 620 HIDTA [High Intensity Drug Trafficking Areas] initiatives in the 28 HIDTAs and five Southwest Border regions. These initiatives identified more than 7,300 DTOs [drug trafficking organizations] operating in their areas: approximately 48% of the identified DTOs trafficked cocaine, about 34% trafficked marijuana, 22% methamphetamine, and 11% heroin. Most are poly-drug DTOs that traffic in more than one illegal substance."

    Source: 
    Office of National Drug Control Policy, "National Drug Control Strategy: FY2010 Budget Summary," (Washington, DC: 2009), p. 135.
    http://www.whitehousedrugpolicy.gov/publications/policy/10budget/ondcp.p...

  13. (2007 - High Intensity Drug Trafficking Areas) "HIDTAs [High Intensity Drug Trafficking Areas] reported disrupting or dismantling 2,873 (83%) of the DTOs that they expected to disrupt or dismantle in FY 2007. More than onehalf (66%) of the disrupted and dismantled DTOs [drug trafficking organizations] were part of a multi-state or international operation. In the process, HIDTA initiatives removed drugs with a wholesale value of more than $26.6 billion from the market, and seized $673 million in cash, and $203 million in noncash assets from drug traffickers."

    Source: 
    Office of National Drug Control Policy, "National Drug Control Strategy: FY2010 Budget Summary," (Washington, DC: 2009), p. 133
    http://www.whitehousedrugpolicy.gov/publications/policy/10budget/ondcp.p...

  14. (2002-2006 - global drug seizures) "The world only intercepts one fifth of the global opiate flows every year, with very mixed performances at the country level. The Islamic Republic of Iran has the highest seizures rate, at 20 per cent. Next are China (18 per cent) and Pakistan (17 per cent). In the two main source countries, Afghanistan and Myanmar, seizures represent only 2 per cent each of the world total. An equally insignificant 2 per cent is seized in South-Eastern Europe, the last segment of the Balkan route to Europe. Along the Northern route (Central Asia - Russia), the interception rate is also low (4-5 per cent)."

    Source: 
    United Nations Office on Drugs and Crime, "Addiction, Crime and Insurgency: The transnational threat of Afghan opium" (Vienna, Austria: October 2009), p. 7.
    http://www.unodc.org/documents/data-and-analysis/Afghanistan/Afghan_Opiu...

  15. (2006 - wiretapping) "The average cost of intercept devices installed in 2006 was $52,551, down 5 percent from the average cost in 2005. For federal wiretaps for which expenses were reported in 2006, the average cost was $67,044, a 5 percent decrease from the average cost in 2005. The average cost of a state wiretap increased 3 percent to $46,687 in 2006."

    Source: 
    Administrative Office of the United States Courts, 2006 Wiretap Report (Washington, DC: USGPO, April 2007), p. 12.
    http://www.uscourts.gov/wiretap06/2006WT.pdf

  16. (2006 - global cocaine trafficking) "Mexico is the main transit country of cocaine shipments to North America. Trafficking to Mexico and further on to the United States declined, however, in 2006 and 2007. About 52% of cocaine was trafficked to Mexico by sea in 2006, another 18% by land from Central America (Guatemala and Belize) and 30% by air. These figures suggest that 2006 saw a decline in trafficking by sea and by land and – in relative terms – an increase in trafficking by air as compared to a year earlier. Aircrafts often bring cocaine into Mexico from Venezuela, Colombia and from countries in Central America, notably Guatemala.12 Important entry points for cocaine into Mexico by sea continue to be the Pacific region and the peninsula of Yukatan on the Atlantic coast. From there, the drug is usually transported by land northwards. In volume terms, most cocaine shipments are by sea. In terms of cases, most seizures are for deliveries by land. About 90% of the cocaine is destined for the USA, 7% is destined for Europe (often by air to Spain, Belgium, Germany, France and Italy) and 3% is for local consumption.".13

    Source: 
    United Nations Office on Drugs and Crime, "World Drug Report 2008" (United Nations: Vienna, Austria, 2008), p. 77.
    http://www.unodc.org/documents/wdr/WDR_2008/WDR_2008_eng_web.pdf

  17. (2006 - global seizures of cocaine) "Globally, most cocaine is seized in the Americas (81%). South America, where most cocaine is manufactured, accounted for 45% of global seizures in 2006. North America, the world’s largest cocaine market, accounted for 24%. Central America and the Caribbean, which are major transit regions, accounted for 11 % of global seizures.

    "The only large market outside of the Americas is Europe. Seventeen per cent of global cocaine seizures were made in Europe in 2006, and 99 % of these were made in West and Central Europe.

    "The rest of the world was responsible for about 2% of global seizures and more than 90% of these were reported by countries in Africa."

    Source: 
    United Nations Office on Drugs and Crime (UNODC), World Drug Report 2008 (Vienna, Austria: UNODC, 2008), p. 72.
    http://www.unodc.org/documents/wdr/WDR_2008/WDR_2008_eng_web.pdf

  18. (2006 - cocaine trafficking routes) "The world’s main cocaine trafficking routes continue to run from the Andean region, notably Colombia, to the United States. Frequently quoted estimates among enforcement agencies in recent years suggested that some 450 mt of cocaine (46% of production in 2006) may be destined for markets in North America5 (trend falling) and some 250 mt (25% of production) for markets in Europe (trend rising).6 Most of the remainder is seized in the coca producing countries (215 mt of cocaine base and salt in 2006, or less than 170 mt expressed in pure cocaine) or consumed in South America.7

    "The US ‘Interagency Assessment of Cocaine Movement’ (IACM) assumes higher shipment figures of cocaine towards North America. Estimates by the IACM suggest that between 530 and 710 mt of cocaine may have departed South America towards the United States in 2006.8 Out of this amount some 90% is thought to have transited the Mexico-Central America Corridor in 2006. The IACM assumes that 66% of the cocaine departing South America towards the USA in 2006 moved through the Eastern Pacific Vector, more than a year earlier (50%)."

    Source: 
    United Nations Office on Drugs and Crime, "World Drug Report 2008" (United Nations: Vienna, Austria, 2008), p. 76.
    http://www.unodc.org/documents/wdr/WDR_2008/WDR_2008_eng_web.pdf

  19. (2006 - global seizure of opiates) "Global opiate seizures, expressed in heroin equivalents, increased 14% to 142 mt in 2006. Opiates seizures have grown an average of 9% per year over the last decade, exceeding growth in global opium production. The global interception rate for opiates rose from 13% in 1996 to 23% in 2006."

    Source: 
    United Nations Office on Drugs and Crime, "World Drug Report 2008" (United Nations: Vienna, Austria, 2008), p. 45.
    http://www.unodc.org/documents/wdr/WDR_2008/WDR_2008_eng_web.pdf

  20. (2006 - cocaine trafficking and Mexico) "The US authorities estimate that around 90% of the cocaine, which entered their country in 2006, transited the Mexico-Central America corridor. The amounts of cocaine trafficked into the United States declined, however, in 2006 and this trend became more pronounced in 2007 as Mexican authorities stepped up efforts to fight the drug cartels operating on their territory, which also increased the level of cocaine related violence in Mexico. US cocaine seizures along the country’s southern border declined by 20% over the first two quarters of 2007 on a year earlier and by almost 40% in the second quarter of 2007, as compared to the second quarter of 2006. The main entry point of cocaine into the United States continues to be the common border of Mexico with southern Texas (accounting for a third of all seizures along the border with Mexico in 2006), followed by the border with southern California (18%).14"

    Source: 
    United Nations Office on Drugs and Crime, "World Drug Report 2008" (United Nations: Vienna, Austria, 2008), p. 77.
    http://www.unodc.org/documents/wdr/WDR_2008/WDR_2008_eng_web.pdf

  21. (2006 - cocaine interdiction and Africa) "The most striking new trend in cocaine trafficking in recent years has been the rising importance of Africa, notably of West and Central Africa, as a transit area for cocaine shipments to Europe. Seizures made in Africa rose from less than 1 mt over the 1998-2002 period to 15 mt in 2006. Most of the increase took place in 2006. The largest African cocaine seizures were reported by Nigeria, followed by Ghana, South Africa, Morocco and Cap Verde in 2006. In addition, Guinea-Bissau emerged in recent years as an important cocaine trafficking hub. Out of the 33 African countries that provided seizure statistics in 2006 to UNODC, 25 African countries, or 76%, reported seizures of cocaine, up from 34% in 1990.

    "African cocaine seizures are now equivalent to 2.1% of the global total, up from 0.3% in 2005 and 0.1% in 2000. Since law enforcement in Africa is hampered by a lack of resources and other important factors, this marked increase may not fully reflect the actual trafficking flows through the region."

    Source: 
    United Nations Office on Drugs and Crime, "World Drug Report 2008" (United Nations: Vienna, Austria, 2008), pp. 78-79.
    http://www.unodc.org/documents/wdr/WDR_2008/WDR_2008_eng_web.pdf

  22. (2006 - wiretapping) "Violations of drug laws and homicide/assault were the two most prevalent types of offenses investigated through communications intercepts. Racketeering was the third most frequently recorded offense category, and gambling the fourth. Table 3 indicates that 80 percent of all applications for intercepts (1,473 wiretaps) authorized in 2006 cited a drug offense as the most serious offense under investigation."

    Source: 
    Administrative Office of the United States Courts, 2006 Wiretap Report (Washington, DC: USGPO, April 2007), p. 9.
    http://www.uscourts.gov/wiretap06/2006WT.pdf

  23. (2005 - payments to confidential informants) "DEA officials state that without confidential sources, the DEA could not effectively enforce the controlled substances laws of the United States. Confidential sources come from all walks of life and are significant to initiating investigations and providing information or services to facilitate arrests and seizures of drugs and cash. According to the DEA, it has approximately 4,000 active confidential sources at any one time."

    Source: 
    Office of the Inspector General, Audit Division, "Executive Summary: The Drug Enforcement Administration's Payments to Confidential Sources," (Washington, DC: U.S. Department of Justice, 2005), p. 1
    http://www.justice.gov/oig/reports/DEA/a05/final.pdf

  24. (1998 - cocaine production and interception) "As far as trafficking is concerned, a comparison with the interception rate of opiates in 1998 (17%), makes the interception rate of 46% reported for cocaine for the same year appear extremely high. Assuming a similar volume of seizures in 1999, the rate would be even higher (50%). For the reasons mentioned above, there are thus some doubts about the accuracy of the total potential cocaine production reported during the past few years (765 mt in 1999)."

    Source: 
    United Nations Office for Drug Control and Crime Prevention, Global Illicit Drug Trends 2000 (New York, NY: UNDCP, 2000), p. 32.
    http://www.unodc.org/pdf/report_2000-09-21_1.pdf

  25. (1998 - cocaine and Colombia) In spite of US expenditures of $625 million in counter narcotics operations in Colombia between 1990 and 1998, Colombia was able to surpass Peru and Bolivia to become the world's largest coca producer. Additionally, "there has not been a net reduction in processing or exporting refined cocaine from Colombia or in cocaine availability within the United States."

    Source: 
    United States General Accounting Office, "Drug Control: Narcotics Threat from Colombia Continues to Grow: (Washington, DC: USGPO, 1999), pp. 3, 4, 6.
    http://www.gao.gov/archive/1999/ns99136.pdf

  26. (2007 - price of heroin) In 2007, a kilogram of heroin no. 3 typically sold for an average wholesale price of $2,520 in Pakistan; the average 2005 per-kilogram wholesale price of heroin no. 4 in that country equaled approximately $4,159. The 2007 wholesale price for a kilogram of heroin in Afghanistan ranged around $2,405. In Colombia, a kilogram of heroin no. 4 typically sold for $9,992 wholesale in 2006. In the United States in 2007, a kilogram of heroin no. 4 cost an average of $71,200 wholesale.

    Source: 
    United Nations Office on Drugs and Crime, World Drug Report 2009, Statistical Annex: Prices, (Vienna, Austria: UNODC, 2009), pp. 217-218.
    http://www.unodc.org/documents/wdr/WDR_2009/WDR2009_eng_web.pdf

  27. Interdiction - Research

    (flaws in U.S.-Mexico strategies) "One flaw of current U.S.-Mexico strategy is the false presumption that international trafficking of drugs, guns, and cash can be effectively addressed through interdiction, particularly along the nearly two thousand- mile U.S.-Mexico border. After a three-decade effort to beef up security, the border is more heavily fortified than at any point since the U.S.-Mexico war of 1846–48. The United States has deployed more than twenty thousand border patrol agents and built hundreds of miles of fencing equipped with high-tech surveillance equipment, all at an annual cost of tens of billions of dollars. Although this massive security buildup at the border has yielded the highest possible operational control, the damage to Mexico’s drug cartels caused by border interdiction has been inconsequential.43 Meanwhile, heightened interdiction at the border has had several unintended consequences, including added hassles and delays that obstruct billions of dollars in legitimate commerce each year, the expansion and increased sophistication of cross-border smuggling operations, and greater U.S. vulnerability to attacks and even infiltration by traffickers.44 Further efforts to beef up the border through more patrolling and fencing will have diminishing returns, and will likely cause more economic harm than gains in security for the struggling communities of the border region.45"

    Source: 
    Shirk, David A., "Drug War in Mexico: Confronting a Shared Threat," Council on Foreign Relations, Center for Preventive Action (Washington, DC: March 2011), p. 18.
    http://i.cfr.org/content/publications/attachments/Mexico_CSR60.pdf

  28. (failure of law enforcement drug intervention) "Based on the available English language scientific evidence, the results of this systematic review suggest that an increase in drug law enforcement interventions to disrupt drug markets is unlikely to reduce drug market violence. Instead, from an evidence-based public policy perspective and based on several decades of available data, the existing scientific evidence suggests drug law enforcement contributes to gun violence and high homicide rates and that increasingly sophisticated methods of disrupting organizations involved in drug distribution could paradoxically increase violence. In this context, and since drug prohibition has not achieved its stated goals of reducing drug supply, alternative regulatory models for drug control will be required if drug market violence is to be substantially reduced."

    Source: 
    Werb, Dan; Rowell, Greg; Guyatt, Gordond; Kerr, Thomas; Montaner, Julioa; Wood, Evan, "Effect of drug law enforcement on drug market violence: A systemic review," International Journal of Drug Policy (London, United Kingdom: International Harm Reduction Association: March 2011) Vol. 22, Issue 2, p. 92.
    http://www.ihra.net/files/2011/03/25/ICSDP_Violence_and_Enforcement_Repo...

  29. Interdiction - Domestic Surveillance

    (domestic surveillance - erosion of the Fourth Amendment) "In recent years – in no small part as the result of the failed “war on drugs” – Fourth Amendment principles have been steadily eroding. The circumstances under which police and other government officials may conduct warrantless searches has been rapidly expanding. The courts have allowed for increased surveillance and searches on the nation’s highways and at our “borders” (the legal definition of which actually extends hundreds of miles inland from the actual border). And despite the Constitution’s plain language covering “persons” and “effects,” the courts have increasingly allowed for warrantless searches when we are outside of our homes and “in public.” Here the courts have increasingly found we have no “reasonable expectation” of privacy and that therefore the Fourth Amendment does not apply."

    Source: 
    Stanley, Jay and Steinhardt, Barry, "Bigger Monster, Weaker Chains: The Growth of an American Surveillance Society," American Civil Liberties Union (New York, NY: January 2003), p. 16.
    http://www.aclu.org/files/FilesPDFs/aclu_report_bigger_monster_weaker_ch...

  30. (The Fourth Amendment to the U.S. Constitution) "The Fourth Amendment provides that

    "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    "In general, the amendment prohibits the government from conducting unreasonable searches or seizures of “the people” and their property, in most cases (subject to a number of exceptions) requiring a warrant supported by a particularized description of the object of the search or seizure.35 The term “search” refers to a governmental infringement of an expectation of privacy that society is prepared to consider reasonable, that is, under circumstances where an individual reasonably expects that the privacy of his or her person, home, papers, or effects are protected from uninvited intrusion.36 A “seizure” occurs when there is meaningful governmental interference in a property interest37 or intentional detention of a person.38 Searches and seizures can involve intangible as well as tangible things.39

    "Government surveillance where there is no legitimate expectation of privacy does not amount to a “search” within the meaning of the Fourth Amendment and therefore carries no requirement for a warrant, probable cause, or even any semblance of reasonableness."

    Source: 
    Best, Richard A., Jr.; Elsea, Jennifer K., "Satellite Surveillance: Domestic Issues," Congressional Research Service (Washington, DC: Library of Congress, January 13, 2011), p. 12.
    http://www.fas.org/sgp/crs/intel/RL34421.pdf

  31. (domestic surveillance - law - thermal imaging) "In Kyllo [v United States], a federal agent used infrared thermal imaging equipment to compare the heat emanating from a triplex unit to the heat signatures of other nearby residences. Based in part on the equipment reading indicating that the defendant’s home was warmer than the others, the agent obtained a search warrant. Officers searched the home and seized marijuana plants growing inside. The government argued that the Fourth Amendment had no application, because the defendant had made no effort to conceal the heat escaping the walls of his home and had no reasonable expectation that passers-by would not take notice.

    "The Supreme Court disagreed, 5-4, holding that the use of sense-enhancing technology not in general public use, in order to reveal details about the interior of a private home that could not otherwise be ascertained without entering the home, constitutes a search. The majority placed great emphasis on the fact that the technique was aimed at a private dwelling, yet it is not clear from the decision whether (or why) the use of such technology against a barn or private office should yield a different result."

    Source: 
    Best, Richard A., Jr.; Elsea, Jennifer K., "Satellite Surveillance: Domestic Issues," Congressional Research Service (Washington, DC: Library of Congress, January 13, 2011), p. 15.
    http://www.fas.org/sgp/crs/intel/RL34421.pdf

  32. (domestic surveillance - law - helicopter surveillance) "The Supreme Court addressed whether an observation made from a low-flying helicopter constituted a search in Florida v. Riley,58 a plurality concluding that it did not. At issue was the use of a police helicopter, hovering at 400 feet (an altitude prohibited for fixed-wing aircraft), to observe, through an opening in a greenhouse roof, marijuana growing inside. The plurality read [California v.] Ciraolo as establishing that so long as there was no breach of the Federal Aviation Agency (FAA) safety regulations, the property owner had no legitimate reason to expect privacy with respect to non-intimate activities undertaken in the curtilage of his home that were plainly visible from above. Five justices would have preferred to consider how often members of the public actually make low-altitude helicopter flights over populated areas in determining whether the claimed expectation of privacy was reasonable. The plurality suggested that surveillance overflights that comply with FAA regulations might nevertheless constitute searches if they were to involve “undue noise, [] wind, dust, or threat of injury” or to reveal “intimate details connected with the use of the home or curtilage.”9"

    Source: 
    Best, Richard A., Jr.; Elsea, Jennifer K., "Satellite Surveillance: Domestic Issues," Congressional Research Service (Washington, DC: Library of Congress, January 13, 2011), p. 15.
    http://www.fas.org/sgp/crs/intel/RL34421.pdf

  33. (domestic surveillance - Patriot Act) "Although the United States has a history of reactionary and repressive behavior in a crisis,221 the USA PATRIOT Act (“Unifying and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism”) may prove to be the broadest, wholesale threat to civil liberties in the nation’s history. Passed just six weeks after the September 11 attacks, without congressional hearings and floor debate,222 the voluminous piece of legislation grants to law enforcement many coveted, but previously rejected, powers.223 Since most of its provisions amend and modify existing laws, it is a bill that cannot be read, but only deciphered and analyzed."

    Source: 
    Ashdown, Gerald G., "The Blueing of America: The Bridge Between the War on Drugs and the War on Terrorism," University of Pittsburgh Law Review (Pittsburgh, PA: University of Pittsburgh School of Law, Summer 2006) Vol. 67, Issue 4, p. 784.
    http://lawreview.law.pitt.edu/issues/67/67.4/Ashdown.pdf

  34. (domestic surveillance - information gathering on peaceful activities) "A secret Pentagon database obtained by NBC News, parts of which were published in December 2005, had revealed that nearly four dozen peaceful political gatherings, most of which were aimed at protesting military recruitment or the war in Iraq, were included among more than 1500 “suspicious incidents” reported across the United States. (Lisa Myers et al., Is The Pentagon Spying on Americans? MSNBC.com, Dec. 14, 2005.) Subsequent news reports revealed that a highly secretive component of the Department of Defense, the Count