In a wide driftnet-type sting operation, heavy-handed, hard-headed Georgia law enforcement officers and DEA agents swept up 49 convenience store clerks, and 16 companies, on charges of “selling items like antifreeze, matchbooks and ephedrine to people who said they intended to make the highly addictive drug known as ‘crystal meth’.” Those found guilty could “face as many as twenty years in prison and up to $250,000 in fines.”
The thing is, 44 of the 49 clerks “were of Indian descent, three of them undocumented, according to Rediff, a newspaper for Indian expatriates,” reports NewStandardNews (a great online newspaper), in its new article, “Store Clerk Meth Sting Challenged as Misguided, Racist.” NewStandard News says that “[d]rug-law reform activists and advocates for immigrants rallied in Georgia Tuesday to challenge the recent arrests …”
The involved groups include the ACLU and its legal team, the South Asian American Leaders of Tomorrow (SAALT), “a national nonprofit advocate for South Asians living in the US,” and the Drug Policy Alliance, “a national advocate for the decriminalization of drugs.”
As you all know already — and were vividly reminded if you caught last week’s PBS Frontline, “The Meth Epidemic” (you can watch it online now) — the problem is deadly serious and has particularly decimated rural regions because it’s cheap, ingredients have been readily obtained, and it’s highly addictive.
The other night, I warned Darcy the other night to remember that, when she’s driving, “On Highway 101 perhaps as many as 10% of the other drivers are high on meth or crack or some other drug.” (On a two-lane highway that’s too narrow for the state DOT to install barriers, and where head-on collisions result in numerous fatalities yearly, that’s a scary consideration for cautious drivers like Darcy.) Add to their drug use that most of these addicts don’t eat properly or don’t sleep regularly, and it’s terrifying.
The first sane step would be to decriminalize drug use, and shift the money wasted on roughshod round-ups to treatment programs, health care, living assistance, and help for the children of addicts. But rounding up an overwhelmingly immigrant group of minimum wage store clerks — and 23 of the merchants have pled guilty (probably due to plea bargain pressure) — is not only useless, it’s a waste of government time and the repercussions for the clerks, their families, and their communities must be unbearable. What Washington state has done to curb retail store sales, to date, is far better … continued below …
From The Seattle Times:
A measure signed into law this year aims to restrict access to methamphetamine ingredients by forcing stores to keep many cold and allergy medications behind pharmacy counters.
The ingredients — pseudoephedrine, ephedrine and phenylpropanoline — are found in nonprescription cold and allergy medications. Store clerks are being told to ask for photo identification to ensure those purchasing the medication are at least 18. The ID and new storage requirements took effect Oct. 1.
Customers also are limited to buying no more than two packages in a 24-hour period. …
With that simple law in place in Georgia, 49 clerks might not have found themselves in legal hot water, and the DEA and state of Georgia wouldn’t come off looking like a bunch of racist cops.
US Attorney David Nahmias “alleged that the arrestees were greedy business owners”:
These businesses and their owners and employees need to understand that they are feeding the meth epidemic,” Nahmias said. “They need to understand – and today’s arrests demonstrate – that if people sell products knowing or having reason to believe that the products will be used to make meth, they will face federal prosecution, lengthy prison sentences, and forfeiture of their businesses and other assets.”
So, minimum wage clerks — most of them immigrants these days — are supposed to be policemen too?
Is it too much to ask the U.S. Attorney and the state of Georgia to take a far more practical path, and pass a law that restricts the quantity of sale, as the state of Washington has done?
As for the criminalization problem:
In a statement released Tuesday, the Drug Policy Alliance, a national advocate for the decriminalization of drugs, termed the practice of expecting store owners to police customers’ purchase of legal products “ridiculous.”
“The war on drugs has failed so miserably that overzealous law enforcement officials are arresting law-abiding citizens for legally doing their jobs,” the Alliance said. “Ending methamphetamine abuse is an important goal, but we need to focus our resources on treatment, not on locking up convenience-store clerks who are neither making nor selling methamphetamine.” (NewStandardNews)
I can’t say that all of Washington state’s ideas and plans are positive. In the same SeattleTimes article, these are the results of a task force convened by state attorney general Rob McKenna, a Republican elected in 2004 when the the Democrat attorney general Christine Gregoire left to run for governor. (By the way, McKenna is regarded as the kind of “moderate” Republican who’s been quashed for years by the religious right that took over the state GOP.)
What do you think of the task force’s conclusions?
Among task-force subcommittees’ recommendations for the state:
• Create a crime, separate from manufacturing, for possession of large quantities of precursor chemicals used in the manufacturing process.
• Seek parity with Oregon and Idaho on penalties, so that meth traffickers and cooks aren’t moving back and forth across state lines to avoid stricter sanctions.
• Reduce time off for good behavior to 33 percent from 50 percent for offenders sentenced under the Drug Offender Sentencing Alternative.
• Propose support for adults who are victims of drug manufacturing in their homes and possible exemptions in current forfeiture-of-homes law due to drug manufacture when an elderly person is an innocent victim.
• Push for secure funding for state and local health departments to ensure cleanup at meth labs.
“This is not a quick fix,” McKenna said. “These are longer-term approaches. This problem didn’t pop up overnight, so it’s going to require a sustained effort to beat it.”
Great diary.
I have a few comments to make but I guess I have to wait until I see if the suggestion of racism is a valid subject. That might only apply to the poor and not to the rich or pro-business discussions.
The “meme” of the NewStandardNews piece was that it is racist.
And, given the comments I’ve heard over the years about the Indians and Koreans who run most of the convenience stores in and around Seattle, I’d feel pretty confident that there was a racist element in the arrests.
They could have picked on grocery store clerks or pharmacy clerks. They singled out convenience store clerks.
Yeah. I’m sure Walmart sells all the ingredients, too. But they’d fight back, so our brave drugwarriors stick to frightened, resource-poor foreigners.
Maybe it’s time we forget the drugwar scam and start thinking about why so many people would rather risk their lives and their freedom for a temporary escape from life in the Greatest Country on Earth.
The remark I made about the racism was directed toward the claims of injustice suffered by the DPW deal, which I think has more factors than race involved.
This diary shows some racist policies of our govt and LE agencies and I agree with others here who have argued well against that stupidity of policy.
I think I read something about this a while back–unless there have been 2 such operations recently.
What I read was that the detectives in the sting operation that nabbed these clerks spoke slang words (for meth) that they said were a dead giveaway as to the purpose for buying quantities of drugs and aluminum foil, which is used to cook the drugs. The clerks and owners, however, didn’t react to these words but calmly handed over the amounts needed and hence were arrested. According to the detectives, the arrested people should have recognized these terms and refused to make the sale.
But, in their written reports all the slang words that were used were then explained in various footnotes. Apparently, if I am remembering it right, someone in authority pointed out that the reports assume (because of the footnotes) that knowledge of these slang words is not common, and therefore, especially with people whose grasp of the English language may be shaky, that is a hardly proof of their felonious intent.
On a slightly different note, the meth epidemic is a very serious matter. So was the crack epidemic before that, the glue-sniffing epidemic before that, the heroin epidemic before that. If the response is limited to these tactics (whether it is locking up the clerks or the medicines) the epidemics will merely mutate into something else. You have to give the people a reason for not wanting to go into oblivion or stupor; just locking up their escape mechanisms is useful ONLY for the career prospects of the prosecutors.
Unless I am wrong, it is not a crime in this country — yet, anyway — to say that I am making meth without actually doing so. Am I wrong?
So if it is not a crime to say I am going to do something illegal, why is it a crime to sell me something if you think I am going to do something illegal?
And if it is a crime to do so, why in the name of the Flying Spaghetti Monster’s half-brother Marvin is it not illegal for a bar owner to sell me a beer, knowing I have had two already and had every intention of driving once I left the bar? (The owner of the unfortunately fictional Callahan’s Saloon in Spider Robinson’s stories had it right; at a certain point, he would no longer sell you alcohol unless you handed him your car keys.)
Why is it not illegal to sell a computer to someone who intends to use it to publish a weblog, since weblogs are apparently hotbeds of terrorism?
Why is it not illegal to sell me a camera without first making me sign affidavits stating that I will not use it to photograph government installations, office buildings or other things? Why can I still buy a computer from someone who knows I use it for file sharing?
Have we really hit the world of precrime? Or can I do the above things because I look like I’m white and not destitute?
This is getting ridiculous.
And for the record, I agree with you, Susan. I do not use recreational pharmaceuticals. I do not condone their use. I hope my granddaughter never gets tied up in them, because they are evil. They take away your freedom of choice just as surely as slapping leg irons on you and holding a gun to your head. But the war on drugs has done far more damage to our society than the use of drugs ever could. It’s just another excuse for fascism.
Yes, it is racist. Rural and semi-rural communities in the southern US are not known for a tendency toward early adaptor status in embracing diversity.
As poco points out, the likelihood that immigrant convenience store clerks from south Asia are familiar with slang terms related to “meth” is small.
Not everyone immigrant or native born, is even aware of what “meth” is, much less the ingredients used to make it.
Even if they were, however, you are correct that it is not a crime to state the intention to commit a crime.
The police in this case would have a better argument if they were rounding up Home Depot clerks who sold patio stones to people who casually mentioned at the checkout counter that they planned to throw them at peoples’ heads.
This South Asian “meth” ingredient roundup, though, sounds more like another 2 horrors in one: Someone has been encroaching on the meth business in this community without providing the necessary honoraria to the necessary recipients, a common case of a forgotten envelope.
And because it appears that people from South Asia are working in a lot of convenience stores, living in the community and imposing a disturbing South Asian presence, rounding them up for any reason is bound to be a political winner.
…or to put it succinctly, it’s yet more fascism. Appealing as the “Georgia cracker” explanation is, though, note that DEA agents were involved, and probably the instigators. This is not just some rural South cultural expression, it is racism, intimidation, and extortion by “officials” at the highest federal level.
is just a bonus. The real story is that somebody forgot a very large envelope.
But I am not seeing a lot of focus on searching for any people using ingredients purchased at these stores to make “meth,” so there are some missing pieces…
We don’t even know, for example, how frequently someone NOT working undercover in a sting operation visited the stores to purchase these things.
It would seem that that would be the place to put the resources, as opposed to on store clerks.
Seeing as how I am not a candidate for a Ph.D in sociology, or any other degree, you bring up the basics of an interesting experiment that I don’t really have the means or intention to carry out.
Recruit a group of people of varying ages, races, and socioeconomic backgrounds. Have each of them go to Home Depot and buy a single cinder brick. As they are checking out, have them casually mention, “I bet this would do a lot of damage to a car if you dropped it off of an overpass, wouldn’t it?” (The question would have to be properly worded and asked verbatim as a control to have the desired effect.) This is not even a statement of intent to commit a crime, although in today’s society it is arguably a really bad idea in most circumstances.
I’m curious what the results would be. I’ll bet I can guess.
people from some groups to participate in the experiment.
But I bet you could get funding from whoever paid for the one a long time ago on why people in prison try to escape. 😀
of a similar law in California, but the Target stores have taken matters into their own hands — cold and allergy medicine is only available at the pharmacy counter; you have to pull a tag from the shelf where they used to be kept and take it to the pharmacist. This doesn’t really affect me or the spouse too much because we can’t take any products with ephedrine/pseudoephedrine due to our high blood pressure medicines (for allergies we use prescription nasal spray and OTC Coricidin without decongestant; for colds/flu it’s Coricidin HBP), but I can see where it might be tough on folks who are suffering, especially if you go to Target and the pharmacy is closed (pharmacy has relatively short hours, especially on Sundays).
Were those clerks or the store owners advised that these products could be used to manufacture meth, and that they should watch out for people buying large quantities of the products? If the store owners were advised, but did not let their staff know, then I would think the store owners would be at fault. And if there was no police bulletin, then I don’t see how the clerks could be held liable.
Just a thought…
who suffered because of lack of Tylenol cold night-time medicine when I was on a holiday in Minnesota. Felt an incipient cold coming on and really wanted to get those pills in the evening so I could be ready for whatever physically demanding activities that had been planned for the next day. No pharmacies open, no pills, no fun the next day.
On your second point, if I am remembering it right, I think, the owners and clerks were advised that they should be on the lookout for people buying drugs and foil in large quantities. Apparently, the officers bought 4-5 (don’t quote me) boxes of foil, saying they were planning to cook, nudge nudge, wink wink, and the clerks apparently thought they were having a big barbecue where the foil would used to cook and for doggy bags.
Since when are $5/hr convenience store clerks required to become unpaid deputies for the drugwar pigs? If narcs were something other than dumbshit extortionists maybe they could go after the actual makers and sellers, instead of the softest targets. Not that that would make the slightest difference either.
The control of those active ingredients is a federal regulation now, I think. It’s limited to so many grams of the ag per week,…3.5 might be close. I guess they did this measure to avoid confusion about package size and all. It mostly affects families who have more than one person with allergies. It probably increased sales of prescription meds.
Want scary? I think it can be tracked by debit/credit card to prevent multiple store access to avoid the limit.
This stuff pisses me off so bad I can hardly see straight. Yes, it probably is racist, but so is the whole drug war. Focusing on it I think detracts from the larger point — it’s plain ol’ wrong. Prosecuted for selling tin foil? C’mon! The whole fucking thing is an insane mockery of justice.
All this perverted legal “reasoning” that we’ve allowed to take place in the name of the drug prohibition is the foundation for the abuses that are taking place in the name of the war on terror and it should be stopped.
Selling tin foil should not be a crime, but it is. We’ve allowed this to happen. Washington state’s new laws are not more sane or a step in the right direction, they’re just more insanity. We’re now requiring people to sign registers so the government can track our use of Pepto Bismol for what reason? So that innocent store clerks won’t be prosecuted for selling us Pepto Bismol?
The whole thing is bullshit. The drug war has not only not helped a thing in the 25 years or so that it’s been our official policy, it’s worsened everything and actually created these problems. Our policies have created the meth problem. Innocent people have been harmed and we’re making more policies to protect them from our policies? Sheer insanity.
How this stupid piece of shit registry law got passed here is beyond me. Sorry for going off, Susan, but it’s not a solution and it’s certainly not something I think other states should adopt. We simply need to stop these kinds of unconstitutional prosecutions.
“selling items like antifreeze, matchbooks and ephedrine to people who said they intended to make the highly addictive drug known as ‘crystal meth’.”
Now, don’t they have to prove in court that the clerks actually understood what was being said to them and weren’t just nodding politely? I have interacted with quite a few clerks at convenience stores in the metro Atlanta area who didn’t really speak English. They knew how to say, “That be two-ninety-five.” But if I said, “Whatdaya think about the weather we’re having?” They’d just smile and nod vigorously like I’d made a joke or something. Or they’d say, “Yes” to cover for the fact they didn’t understand a word I’d said. Now, add to that some undercover sting dude talking jive. Hell, who says the clerk was even listening? His or her job is to take money and give receipts not interpret a customer’s intentions.
Beware foreign clerks of American: Now not only do you have to wonder if the guy who just came in is gonna rob you, you have to be careful if he’s setting you up for a sting.
I don’t care if these folks recognized the slang and avoided confrontation they didn’t commit a crime but their arrest is criminal.
So an immigrant in Georgia is supposed to tell a seemingly drug crazed white boy he can’t have his matchbooks and antifreeze? I don’t think thats a crime its called a rational decision.
Very funny. And on the mark. Plus, convenience store clerks are so vulnerable to robberies and physical harm. They can’t hassle someone like that. And I doubt the user would take kindly to, “Excuse me a moment while I call the police.”
It’s just so dumb.
This whole story from top to bottom shows just in what dire circumstances my country is in.
And in the end? Nothing changes. That’s the worst part of all.
BTW this is the area of GA where a few years ago the owner of a crematorium decided to save money and just toss hundreds of bodies out back in the swamp. Horrific.
Pax
The Frontline story really drives home the point that the meth epidemic is controllable at the source, because its primary ingredients are complex chemicals that originate in only nine legally operating factories around the world. Cocaine and heroine are a different story, since their main ingredients are naturally growing plants and are thus much harder to control.
Meth needs to be fought at the source, and Big Pharma needs to get the hell out of the way. Like it was said in the Frontline piece, there are controls for drugs like codeine that have worked well for years to keep legitimately produced pharmaceuticals from being diverted into illegal drug production.
The difference is that Big Pharma lobbyists are now more powerful than ever, and they have successfully scuttled and delayed distribution controls for a decade. This has got to stop. How many citizens would oppose greater inconvenience in getting their Sudafed, when weighed against the devastation that meth causes?
So now meth production is shifting back to “super labs” in Mexico, but the ultimate source for the main ingredients is still coming from these nine factories. Why aren’t these factories being better controlled? Because business interests are winning over public health interests. When you can apply a rifle approach instead of a shotgun approach, you eliminate the need to round up small-time, hapless shop owners and victims in racially profiled dragnets.
Focus on the source, and their protectors in the global pharma racket, and the small-time merchants and victims all but go away.