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FRONTLINE
Show #1615
Air date: April 28, 1998
Busted: America's War on Marijuana
Written and Produced by Elena Mannes
INDIANA ARCHITECT: My concept of the penalties, the whole time I was involved
with growing marijuana, was, you know, "Gosh, I could get caught and spend a
year in prison." I mean, we were particularly naive about what the final result
could be. [Busted - Federal sentence: 20 years]
CRAIG RALSTIN, Indiana State Police: There are people that are growing it for
money, but they're criminals just like any other criminal.
WILL FOSTER: I lived a pretty decent life. I worked every day. I paid my taxes.
You know, I didn't go out and hurt nobody. I didn't rob nobody. I didn't know
that cultivation carried 2 to life, no. [Busted - State sentence: 93 years]
ANDREA STRONG: They said, "Well he can't have bond. He's facing a life
sentence." And my mom says, "Well who did he kill?" You know, "Did he rape
somebody? Did he molest some child? What did he do?" He was accused of being the
middleman in a marijuana conspiracy. He connected the buyer and the grower.
[Busted - Life sentence, Leavenworth]
STEVE WHITE: I think it's a dangerous drug. I don't think it does any good,
period.
1st DRUG ENFORCEMENT AGENT: Chimney on this house here. You can see a little bit
of heat coming out of it, a little animal standing there in the back yard.
NARRATOR: In the night sky over Indianapolis, the hunt is on: drug enforcement
agents scanning a neighborhood for evidence of marijuana.
2nd DRUG ENFORCEMENT AGENT: Hello!
1st DRUG ENFORCEMENT AGENT: That don't look quite right. Yeah, a patio, patio
door, window. Window's been covered over. Looks a little odd.
NARRATOR: The infrared camera could reveal a marijuana-growing operation inside
any one of these houses. Infrared detects heat, which can indicate a "grow room"
using a lot of lights.
2nd DRUG ENFORCEMENT AGENT: The foundation certainly is warm.
1st DRUG ENFORCEMENT AGENT: That's what I was going to say. That foundation's
hotter than fire.
2nd DRUG ENFORCEMENT AGENT: Yeah.
1st DRUG ENFORCEMENT AGENT: That's the only thing I see real unusual.
NARRATOR: This kind of marijuana search is happening all over America. The war
on marijuana has become a battle fought not only overseas, but on home turf.
3rd DRUG ENFORCEMENT AGENT: We've got a search warrant. The targets are two
white males-
STEVE WHITE: This is a law-and-order part of the country. Law enforcement's held
in probably higher esteem here than any place I've ever been.
NARRATOR: For many years, Steve White ran Indiana's war on marijuana as an agent
with the Federal Drug Enforcement Administration. The DEA is spending over $13
million a year to fund state cannabis eradication programs.
STEVE WHITE: We were one of the first 20 states to do it, and there hadn't been
an organized effort, I don't think, against marijuana in the U.S. since the late
1930s.
NARRATOR: White recently retired from active duty with the DEA and now teaches
undercover police techniques. He went along with us on a typical arrest to show
us the world of marijuana law enforcement.
1st DRUG ENFORCEMENT AGENT: Search warrant! Please open the door.
2nd DRUG ENFORCEMENT AGENT: I'll get this side door here.
1st DRUG ENFORCEMENT AGENT: Police! Search warrant!
2nd DRUG ENFORCEMENT AGENT: You have the right to remain silent. Anything you
say can be used against you in a court of law. You have the right to an
attorney. If you cannot afford an attorney, one will be [unintelligible] for
you. You understand you're under arrest?
SUSPECT: Yes, sir.
NARRATOR: For this arrest in Bloomington, Indiana, an informant had tipped
agents off to an indoor marijuana grow room. It was allegedly run by a business
school student and his roommate in the back of their house.
STEVE WHITE: This is their growing room, and the first thing that you can see on
these plants is that they've been topped, or the flowering tops, in other words,
have been pruned off the colis of the plant. This is fairly typical. They've got
three lights here, the smaller plants over there, larger ones coming up here.
I think a lot of people that grow actually grow so that they don't have to go
out and buy dope. But the down side and reverse side of that is, some time along
the line, they say, "Gee, I've spent this much on equipment and this much on
fertilizer. Why don't I grow a little more and sell it and pay for that?" And
then that's when they come into my clutches.
[to suspect] Would you hazard a guess as to what a pound of that stuff would be
worth on the market?
SUSPECT: I wouldn't know.
STEVE WHITE: If I said $2,000 to $5,000, could that be in the range?
SUSPECT: That would be about right, I guess- guessing.
NARRATOR: This suspect was one of about 3,000 people arrested for marijuana
offenses in Indiana last year. The state's cannabis eradication program now
makes more marijuana arrests than any state in the nation. During the summer and
early fall, when the corn is high, the drug enforcement team heads out to make
its own harvest.
DRUG ENFORCEMENT AGENT: I think we may have some [unintelligible] marijuana
plants back in the center of this cornfield.
NARRATOR: Any one of these corn rows may hide thousands of dollars worth of
marijuana.
CRAIG RALSTIN, Indiana State Police: I've been spotting marijuana as a pilot
with the state police for about 19 years. I think it's one of the most important
jobs that we could be doing because I know what the effect of the marijuana is
on our young people in our society.
NARRATOR: An estimated 10 to 30 million Americans use marijuana, and as much
half of all the marijuana used in America is now home grown.
CRAIG RALSTIN: We'll use fixed-wings and helicopters and trained spotters, and
we'll find where people are either preparing their grows or suspicious areas
that look like somebody's cut an area out of a field. And once we find the plant
from the air, we'll direct our ground guys, and they'll go back in and either
cut it or pull the plants out.
That's a pretty nice plant.
ARMY OFFICER: Yeah.
CRAIG RALSTIN: You can see the growers started this one indoors some place in a
cup, and brought them and transplanted them back out here. That's kind of the
thing that we run into. We're always trying to keep up with the growers and try
to get them before they get them out.
DRUG ENFORCEMENT AGENT: Are these your fields here?
MAN: Right. Yes.
DRUG ENFORCEMENT AGENT: Okay, we got some marijuana out of this one and this
one, both.
ARMY OFFICER: He contacted me.
DRUG ENFORCEMENT AGENT: Okay. Okay, good enough.
ARMY OFFICER: He's the one that told me.
WOMAN: You know, it really makes me mad that people can come into your field and
do that, you know, and they don't have to do any work.
MAN: And they make more money, you know, than I will-
WOMAN: They pull out your corn plants.
MAN: -for the whole crop, you know? But the cows ate it all last time, except
one plant.
MIKE GAYER, Indiana State Police: Unfortunately, every day that we fly, we find
cultivated marijuana. There is not a day that goes by that we go out in this
aircraft that we do not find cultivated marijuana plants. There's that much in
the state of Indiana.
RALPH WEISHEIT: "The marijuana basket of America" would probably be a good
description of the central part of the U.S. Marijuana is grown in every state of
the U.S., so it is a national phenomenon, but it seems particularly prevalent in
the Midwest.
NARRATOR: Ralph Weisheit, a professor of criminal justice at Illinois State
University, has done extensive research on the domestic marijuana industry.
RALPH WEISHEIT: We have to make guesses about how much marijuana is growing
because it is an illegal crop, but it is easily the biggest cash crop. Some
people have said it goes into the billions. The value is far higher, probably
double the value of corn. You also have in the Midwest a fair amount of
marijuana that's already growing wild that was planted during the Second World
War.
NARRATOR: The federal government actually gave farmers the seeds because hemp
from the marijuana plant was needed to make rope after supplies from Asia were
cut off.
MIKE GAYER, Indiana State Police: It was good in the '40s. It's bad in the '90s.
DRUG ENFORCEMENT AGENT: The government paid them to grow it, and now the
government is paying us to take it away.
RALPH WEISHEIT: Certainly, of all the illegal drugs, there's been no drug about
which the government has had more mixed feelings. Marijuana has had a somewhat
different role than other drugs. It has had a mystical sort of atmosphere about
it for some and it's been the embodiment of evil for others.
1st WOMAN: It doesn't do anything good for you.
1st MAN: It's very bad for you.
2nd MAN: It's a mild relaxant.
3rd MAN: This is a nice drug. It doesn't have a hangover. You don't become
aggressive and belligerent.
4th MAN: It is dangerous.
2nd WOMAN: Changes your mind.
5th MAN: It affects short-term memory.
3rd WOMAN: Paranoia.
6th MAN: Killing brain cells.
4th WOMAN: There's a reason why it's illegal.
7th MAN: I'm not sure I understand how you make a plant illegal.
RALPH WEISHEIT: I find that some law enforcement officials believe it is a drug,
and a drug is a drug, and so harsh penalties should go with that, if we have
harsh penalties for other drugs. I have found others who see marijuana as
completely different from cocaine or heroin, and really believe that we've gone
far too far along in our handling of the drug through the criminal process.
NARRATOR: More Americans use marijuana than all other illegal drugs combined and
are spending an estimated $7 billion a year to buy it on the black market. It's
believed that more than two million Americans grow marijuana themselves, either
for personal use or to sell it.
NARRATOR: ["Sea of Green" video] Hello, and welcome to the Sea of Green. Follow
the simple instructions and soon you will begin your harvest.
NARRATOR: Lessons on how to set up a grow room are readily available on
videotape and in magazines. "High Times," founded in 1974, now has a circulation
of a quarter million readers. Even the Internet has marijuana Web sites with
discussion about softening the laws and the experience of other countries with
decriminalization.
The mass media treats marijuana with a mixture of alarm and laughter.
1st ACTOR: ["Home Improvement"] It's not oregano.
2nd ACTOR: Tarragon?
1st ACTOR: This is marijuana.
2nd ACTOR: Jill cooks with marijuana?
NARRATOR: Popular culture sends a mixed message, and for many marijuana growers,
the temptation to defy the law seems to outweigh the risk of arrest. Doug
Keenan, who lives in a quiet middle-class neighborhood of Indianapolis, was even
willing to go public and show us his grow room, dug deep underground so the
infrared cameras won't detect it.
DOUG KEENAN: The humming that you hear is the ballast, which is driving the
light here. Most all of this equipment can be bought at any hardware store. Once
you've decided that you're going to be consuming it pretty regularly, then you
come up with, "Well, I'm going to need a steady supply." Simple reason is you've
got something that's priced more than gold. If you're going to smoke a lot of
it, you can't afford to buy it out on the black market.
NARRATOR: Over the last two decades, the potency of marijuana on the market has
increased and the price has skyrocketed. In the early 1980s, an ounce of
commercial grade sold for about $40. Today an ounce costs up to $400- in fact, a
price higher than gold, which now sells for around $300 dollars an ounce.
DOUG KEENAN: I will be growing as long as I am free to do so- "free" being that
nobody's put a ball and chain around my ankle. You have to realize that your
liberty is at risk every minute of every day.
NARRATOR: So why go public and take the chance of arrest?
DOUG KEENAN: It's a delicate trade-off, but in my mind- you know, a lot of
people have asked me why be an activist at all. The alternative is, if I don't,
you're going to have a police state in another 30 years. And this is basically a
right of consumption. I have the right to grow and consume anything that God
gives me the seed and the ground to grow it in.
NARRATOR: So far, Keenan's grow room has escaped detection by Indiana's drug
enforcement team. But often, growers who think they're operating free and clear
for years are actually the targets of long investigations that do end in arrest.
INDIANA ARCHITECT: I got a 20-year prison sentence and I was just totally
devastated. I think we were all particularly naive about what the final result
could be.
NARRATOR: This Indiana architect and his brother, an attorney, used this farm to
grow large amounts of marijuana, which they sold commercially. They were
arrested by Steve White after a five-year investigation.
STEVE WHITE: The farmer that owned this property had run into some financial
difficulties. And he was a client of the attorney, and when the attorney's
brother called him and wanted to expand the operation, this came to mind.
NARRATOR: The architect doesn't want his identity revealed.
INDIANA ARCHITECT: The farmer didn't hesitate at all. He had very few
alternatives to be able to make the money that was going to be needed to save
his farm. And this was in the early '80s, when all the farms in America were
really in a big financial crisis. We grew there for a couple of years, and the
first year we grew 50 pounds, and at that time it was worth about $100,000.
STEVE WHITE: They were the all-American boys. They loved their children. They
loved their parents. So, you know, how do I characterize them? Smart. Nice. They
broke the law. And they knew better. The people of Indiana will not tolerate
this type of behavior. Why should we say it's okay for a guy to make a million
dollars raising marijuana? Marijuana's the threshold drug. It's the drug that
most children, kids start out with.
NARRATOR: In a community like Warsaw, Indiana, marijuana is not only growing in
the cornfields, it's being traded in the halls of the high school.
1st GIRL: You can see when people's doing it at school, the smell of it at
school.
INTERVIEWER: You can smell it at school?
1st GIRL: Oh, yeah. Some people do it in the bathroom.
1st BOY: The bathroom's bad.
1st GIRL: We just got caught, like, two weeks ago. There was, like, five girls
that got caught doing it.
2nd GIRL: That was, like, the second week of school.
3rd GIRL: You can't hide it. I mean, you see somebody walking up and down the
street, all you have to do is ask them and they can give it to you. They'll sell
it right there to you, on the spot.
INTERVIEWER: All of you know somebody you could go probably call right now?
STUDENTS: Yeah. Yeah.
2nd BOY: The guys- well, if you don't do it, they call you wimps and all kinds
of things, and just try to put you down and get you to do it and finally snap.
PAUL CROUSORE, Principal, Warsaw High School: We had indicators that we're
having problem with drugs in the building. We had a drug sweep back a few years
ago, where we actually had the police come in and dogs and we searched, and we
arrested 17 students.
NARRATOR: The Warsaw high school has begun testing its athletes for drugs. A
student who tests positive for marijuana is suspended from competition for a
year.
DAVE FULKERSON, Athletic Director, Warsaw High School: The kids have to realize
there are rules that they must go by. And that's- you know, our society is made
up of rules. The one thing that the general public fails to realize, that it's
in violation of the law. It's against the state law. You can be arrested. You
can be sent to jail.
2nd BOY: If they get caught, they go on probation. Even when they're on
probation- I had a friend and- they break probation.
1st GIRL: Sometimes when people get caught, they finally realize that they're
doing something wrong and they quit. But then, on the other hand, there's some
people that are just, like, "Oh, that's okay. I'll just go out and- once I get
free I'll go out and do it again."
NARRATOR: Many drug counselors consider marijuana to be a gateway drug that
could lead to the use of harder drugs.
BRET RICHARDSON: [to class] Name one of the gateway drugs. Joe?
1st PUPIL: Marijuana.
BRET RICHARDSON: Marijuana. Give me another one. Caitlin?
2nd PUPIL: Beer, wine.
NARRATOR: Lee Ann Richardson and her husband, Bret, of the Warsaw, Indiana
Police Department, work for the D.A.R.E. program - Drug Abuse Resistance
Education. D.A.R.E. uses local police officers to teach drug education in the
schools.
3rd PUPIL: Hi, Caitlin. Would you like to have some marijuana with me?
2nd PUPIL: No.
3rd PUPIL: How come?
2nd PUPIL: It'll make me sick. Oh, I've got to go work on that homework.
3rd PUPIL: Fine.
BRET RICHARDSON: Cut. Well done! But what if they say, "Why not?" What if they
start to tease you? Think about three reasons why you don't want to use drugs.
1st BOY: I really didn't know much about marijuana. I didn't know what harmful
effects it can do on your life and stuff like that. I mean, it's really nice to
know now. And I made the decision not to do marijuana or any drug.
2nd BOY: It just- like, it can hurt you, and it kills you and stuff if you do
too much of it.
GIRL: Well before I- before Officer Richardson came in this year, I was, like,
"What's so wrong about it? It just grows." But now I know what the harmful
effects are and I know that I will never, ever do it.
NARRATOR: The actual effects of marijuana on people who use it have been the
subject of scientific study, but the results have not served to settle the
debate about its dangers.
Dr. CHARLES SCHUSTER: Marijuana has very profound affects, particularly when
it's smoked, and the most important thing about it is that it's immediate.
NARRATOR: Dr. Charles Schuster, a psychopharmacologist at the Wayne State
University School of Medicine, also headed the National Institute of Drug Abuse
during the drug crackdown in the 1980s. He's been researching marijuana for more
than 30 years.
Dr. CHARLES SCHUSTER: It's a powerful drug and it has powerful effects on mood,
powerful effects on your ability to perform skilled activities, powerful effects
on cognition and powerful effects on your heart- huge increases in heart rate,
for example, when you smoke it. It's a powerful drug and we can't dismiss that.
There are many differences between heroin, cocaine, and marijuana, on the other
hand. Number one, marijuana, unlike heroin and cocaine, has never been
associated with acute overdosage death. To the best of my knowledge, no one has
died because they've smoked too much marijuana. Clearly, people die from
overdoses of cocaine and of heroin.
Number two, I think that although marijuana can produce dependence and
addiction, the likelihood of that occurring in people is much less than with
drugs such as cocaine and heroin.
When we think about social policies and a lot of other things, we have to
realize that the public health dangers associated with illicit drugs depends
upon the illicit drug we're talking about. With marijuana, I think that we're
talking about a lesser evil than we are when we're talking about cocaine and
heroin, but that doesn't mean that it isn't an evil. [www.pbs.org: More on
marijuana in the body]
Dr. DAVID MUSTO: Marijuana's an excellent example of how we have shifted our
views on a substance. You have these enormous shifts and, really, research takes
place against these larger attitudes, and it's also interpreted in these larger
attitudes.
NARRATOR: Dr. David Musto, of Yale University, has devoted years of study to the
history of America's drug policies and attitudes toward marijuana in particular.
Dr. DAVID MUSTO: Marijuana started to come into the United States in the 1920s,
along with Mexican immigrants. Then, in the 1930s, when the Great Depression
hit, these people became a feared surplus in our country, and they were thought
to take marijuana, go into town on the weekend and create mayhem. Now, that's
very close to the general attitude toward marijuana in the 1930s. It was thought
to be a cause of crime and a cause of senseless violence.
The head of the narcotics bureau from 1930 to 1962, Harry J. Anslinger, decided
he had to fight marijuana really in the media. He tried to describe marijuana in
so repulsive and terrible terms that people wouldn't even be tempted to try it.
In the 1960s, the use of marijuana was symbolic of the counterculture, of the
anti-Vietnam war battles. It became something that, if you used, you used it
almost ritually, as joining a large group of people who had similar points of
view and similar attitudes, let's say, to authority and to the government and so
on.
NARRATOR: In the early 1970s, the Shafer Commission was ordered by Congress to
consider marijuana and the drug abuse laws.
Dr. DAVID MUSTO: They came out with the conclusion that marijuana should be
decriminalized. That is, small amounts for personal use might be fined, like you
might get a ticket. And this was very upsetting to President Nixon. President
Nixon, I think, of all of our Presidents was the one most viscerally opposed to
drugs.
Then in the Carter Administration, I think it was in 1978, all the heads of the
agencies came before Congress and asked for the decriminalization of marijuana
of up to one ounce. And it was quite interesting. There was quite a backlash to
this. You had the parents' movement formed.
PARENT: -that if I became involved and other parents became involved now maybe
this problem would not touch- that the evil fingers of drugs would not lay their
hands on the shoulders of my little boy.
Dr. DAVID MUSTO: And they created quite a reaction and defeated some people who
were running for Congress and had favored decriminalization. So you move right
from the Carter administration into the Reagan administration, which was very
anti-drug and anti-marijuana.
Pres. RONALD REAGAN: The American people want their government to get tough and
to go on the offensive, and that's exactly what we intend, with more ferocity
than ever before.
Dr. DAVID MUSTO: The Republicans and Democrats, seeing this as a tremendous,
dangerous issue, vied with one another as to all the ways that they were going
to help control drugs.
NARRATOR: One of those drugs was cocaine, which was causing widespread concern.
Coke sales were rapidly spreading from the cities to the suburbs, and the 1986
death of basketball star Len Bias, blamed on crack cocaine, put even more
pressure on lawmakers.
In 1986 President Reagan signed the Anti Drug Abuse Act, which ordered mandatory
minimum sentences with no parole for all illegal drugs. The federal penalties
were set according to the amount of the drug involved, equating marijuana plants
with gram weights of other drugs. For example, 100 plants is considered
comparable to 5 grams of crack cocaine. The mandatory minimum sentence for 100
plants of marijuana is 5 years; for 1000 plants, 10 years.
INDIANA ARCHITECT: I was one of the lucky ones. Because my crime had taken place
in the early '80s meant that I was going to be sentenced under the old law,
what's now called the old law. And the new law, which came into effect in 1987,
has got mandatory minimum sentencing.
NARRATOR: The Indiana architect was released after serving 5 years of his
20-year sentence. Now anyone convicted on the same federal charges would not be
allowed parole. The mandatory minimum sentencing ordered by the new law also
prevents judges from giving a lesser penalty.
ERIC SCHLOSSER: The 1986 Anti Drug Abuse Act was the most significant drug
legislation of this generation, which shifted enormous power within our legal
system away from judges to prosecutors.
NARRATOR: Eric Schlosser wrote about the history and impact of marijuana law
enforcement for a recent series in "The Atlantic Monthly" magazine. He also
consulted for this program.
ERIC SCHLOSSER: And since that law was passed the federal prison population has
tripled. And whereas drug offenders used to be a small proportion of federal
inmates, today about 70 percent of the people in federal prison are drug
offenders. There are more people now in federal prison for marijuana offenses
than for violent offenses.
ANDREA STRONG: He had a two-year enhancement, though, I believe, for manager
organizer, but that's it.
NARRATOR: Andrea Strong's brother, Mark Young, was sentenced under the new law
and was given life for brokering the sale of 700 pounds of marijuana.
ANDREA STRONG: They said, "Well, he can't have bond. He's facing a life
sentence." And my mom says, "Well, who did he kill?" You know, "Did he rape
somebody? Did he molest some child? What did he do?"
NARRATOR: Young had no previous record of violence or drug trafficking.
ANDREA STRONG: It changed my entire life. I lost my cleaning business because we
had made the news and we- our story, Mark's story, with my name and stuff, was
in the newspaper, the local paper, and some of the women whose homes that I
cleaned in, they didn't want me in their home anymore. You know, I didn't have
anything to do with drugs in any kind of way. My brother did.
NARRATOR: About 17 percent of all federal inmates are convicted marijuana
offenders. That's one federal prisoner in six. Because mandatory minimum
sentences do not allow parole, federal prisoners convicted on non-violent
marijuana charges sometimes serve more time than convicted murderers sentenced
under state law.
Scott Walt is serving 24 years for conspiracy to possess with intent to
distribute around 2,000 pounds of marijuana. David Ciglar: 10 years in federal
prison for cultivation of 167 marijuana seedlings.
And take the case of John Casali and Todd Wick, two young men convicted of
growing some 1,600 marijuana plants in northern California. Their sentence, the
10-year mandatory minimum, was handed down by Judge Thelton Henderson of the
federal district court in San Francisco.
Judge THELTON HENDERSON: I told these young men that I wished I could do
something other than what I did, and I felt awful about it, but that I felt
bound by the law. I think they were rehabilitatable within less than 10 years.
I'm opposed to mandatory minimums, in general, because I think they're unduly
harsh. I think that they don't allow the judge the discretion to deal with the
individual problem. There is a formula that says you've been involved with a
certain amount of drugs, for example, ergo you get the mandatory minimum.
ANDREA STRONG: In the federal sentencing, if you have so many plants that are
involved in your conspiracy - and in this case it was over a thousand plants -
then, like my brother, you receive a life sentence, and that means life without
the possibility of ever being paroled. And they'll bury you in Leavenworth's
back yard, if you can't bring him home to bury him. And that's what we were
told.
NARRATOR: Andrea Strong's brother, Mark Young, appealed his life sentence on
grounds that the prosecution had miscounted the number of plants. He's now
serving a 12-year sentence. Andrea Strong has become a leader in the national
organization Families Against Mandatory Minimums.
ANDREA STRONG: Our goal is to repeal mandatory minimum sentences that are given
to first-time non-violent drug offenders. We believe they should be punished,
but we believe their punishment should fit their crime.
NARRATOR: If Mark Young had been sentenced under Indiana state law, he would
have received a lesser sentence, but state marijuana penalties vary widely, and
in other parts of the country, the state punishment can be even more severe than
the federal. In 15 states, you can get life for a non-violent marijuana offense.
NARRATOR: In Oklahoma, Will Foster was sentenced to 93 years for marijuana
cultivation and possession in the presence of a child. When Foster was arrested
at his Tulsa home in 1995, police said an informant told them Foster had
methamphetamines.
WILL FOSTER: It was about 2:00 o'clock on the afternoon of December 28th, and
the police come to our house. They didn't knock, they just battering-rammed our
door down.
MEGAN BURKE: In less than a 30-second span of time, you know, from the minute
they hit the door. My life will never be the same.
NARRATOR: Foster's partner, Megan Burke, was in the house with their three
children.
MEGAN BURKE: It happened so quickly. The next thing I know, the door exploded
inward. It knocked me backwards onto my 5-year-old daughter.
NARRATOR: They found no methamphetamines, but they did find Foster's marijuana
grow room down in the basement.
MEGAN BURKE: I was afraid of it, afraid of the ramifications if we got caught. I
knew they would be steep. I had no idea it would be a life sentence, a death
penalty, in essence. In the beginning, I was very angry. I just wanted to kill
him because I thought, you know, "You did this." And I had to step back from
myself because I can't give him all of the blame. I knew what he was doing, and
I could have had a big screaming fit and he would have stopped. He would have
been mad, but he would have stopped. And I didn't do that. So I guess, in that
respect, I share it equally.
NARRATOR: Foster says all the plants were for his personal use, to help with
arthritis, but the number of plants raised suspicions.
BRIAN CRAIN, Assistant D.A., Tulsa, Oklahoma: Other than the fact that we found
over a kilo of marijuana, there were gram scales, which indicate packaging and
distribution. There were baggies. There were other paraphernalia that indicated
distribution. We felt comfortable in bringing that to trial. The idea that you
can grow marijuana, that you can distribute marijuana, that you can possess
marijuana in the presence of a minor- that is not something that we will accept
in Tulsa County. [www.pbs.org: Study state-by-state laws]
NARRATOR: Will Foster is serving his time in a Texas prison because there's no
room in Oklahoma's overcrowded cells. Foster is appealing on grounds that the
search warrant was invalid, and since he was charged under state rather than
federal law, he does have the chance of parole. The state had offered Foster a
plea bargain, but he refused.
WILL FOSTER: The reason that I went to jury trial was that this was the only way
I could guarantee that my wife would not go to prison. She was their only
witness. They made her testify against me.
MEGAN BURKE: I didn't want to have to do that. I really didn't. But it was that
or I was going to go to prison, and I didn't know who would get these kids. And
he said "You have to. You don't have a choice." So I testified for the state,
and I testified for the defense, and it was the longest four days I've ever had.
And I knew that he'd get something. I mean, it's Oklahoma. But I didn't expect
93 years.
NARRATOR: The wives of marijuana growers are often put under pressure to testify
against their husbands or risk prison terms themselves. Jodie Israel refused to
take the stand against her husband and is now serving a 12-year federal
mandatory minimum sentence.
JODIE ISRAEL: You know, somewhere it's got to stop. If I was to testify against
someone and bring down 10 people- you know, it's got to stop somewhere.
NARRATOR: Her husband, a first-time offender, was convicted of growing
marijuana. He is a Rastafarian and claimed he used marijuana for religious
reasons. Because she presumably knew what he was doing, Jodie Israel was charged
with conspiracy.
JODIE ISRAEL: The problem with conspiracy is it's the only time they allow
hearsay into the courtroom. So if they can't get you for anything else, they can
get you for conspiracy. Your husband could go away on a business trip for the
weekend and come back home, and he could have been out, you know, buying drugs,
and you're going be charged.
When I came in, my children were 1, 2, and my 3-year-old had just turned 4, and
my daughter was 9. And they're all in different homes, and my littlest son
doesn't even know who I am. It's hard because, as a parent, you want to protect
your child from hurt. And it's like I have caused this hurt.
NARRATOR: She has seen her children only once in each of the four years she's
already served.
JODIE ISRAEL: I made a mistake in that I chose the wrong man. But 11 years of my
life away from my children isn't right.
NARRATOR: Kristen Angelo, a teenager who lives near Seattle, Washington, is
learning what happens to a family when a parent is caught growing marijuana.
KRISTEN ANGELO: I knew that my Dad grew pot. I didn't know how big it was or,
you know, anything like that, but it didn't bother me. I just never really
thought twice of it. I never thought the consequences could be this harsh on my
family, otherwise I probably would have said, you know, "Hey, Dad, maybe you
shouldn't be doing this."
NARRATOR: John Angelo, who worked as a design engineer at Boeing Aircraft, had a
grow room behind the house where he lived with his family.
JOHN ANGELO: This was an underground hydroponic growing facility. I had six
trays on each side, 30 feet long. Each side was capable of holding 380 plants.
NARRATOR: Angelo says he suffers from manic depression. He is an activist,
working to legalize medical use of marijuana.
JOHN ANGELO: I've been smoking pot since I was 12 years old. I've been growing
it for the last 12 years. I found a long time ago that I'm able to function with
marijuana. My oldest daughter knew what I was doing. She never questioned it.
KRISTEN ANGELO: You know, he didn't smoke it around me or force me to smoke it
or anything like that. Everyone experiments with it. And for a while, I did use
it in school and I got very bad grades. It's a lot harder to concentrate. You
can't study very well.
NARRATOR: John Angelo and his wife, Rachel, say the three younger children never
knew about the marijuana operation.
RACHEL ANGELO: I'm completely against children using marijuana. They don't need
to be putting stuff in their bodies when they're growing, including caffeine,
drugs, alcohol-
JOHN ANGELO: Nicotine, right.
RACHEL ANGELO: -of any kind. Their little minds need to be developing.
JOHN ANGELO: I had no idea that they were going to take my children away from
me, that they were going to take my property away from me, and that they were
going to put me in jail for 5 years. I had no idea.
KRISTEN ANGELO: I was out with friends. And I came home from school and we were
pulling down the road and my friends said, you know, "There's cop car at your
house." And I was, like, "Oh, you're just kidding." You know, "Don't play around
with me like that." And they're, like, "No, Kristen, we're serious." You know,
"There's a cop car down there."
RACHEL ANGELO: They came belting through those doors with their guns in hand and
pointing them around the room and, you know, talking and-
JOHN ANGELO: Yelling.
RACHEL ANGELO: Well, yelling, and yelling for John- "John, come out! John, come
out!"
KRISTEN ANGELO: My dad was in handcuffs and Rachel was in the car, and I was
just- I was shocked. I mean, I was just- I can't even explain how I felt. It was
just, you know, total adrenaline rush. I didn't know what to do. I didn't know
what to say. I was really scared for both of them.
MARK KLEIMAN: Keeping middle-class kids from drugs has always ranked very high
among the goals of American drug policy. And a lot of 14-year-olds have now
started to use marijuana.
NARRATOR: Mark Kleiman, a professor of policy studies at the University of
California in Los Angeles, has studied the patterns of marijuana use.
MARK KLEIMAN: For a while, the number of users was falling and, particularly,
the number of young users was falling. That unfortunately stopped in 1991, and
since then, the number of young users has been increasing. And what's really
frightening is initiations happening at younger and younger ages.
Gen. BARRY McCAFFREY: [at press conference] Marijuana is the principal drug of
abuse among youngsters, with increased numbers of hospital admissions or
treatment admissions where marijuana is cited as the principle drug threat.
NARRATOR: The alarm has sounded for the White House Office on Drug Policy,
headed by General Barry McCaffrey.
Gen. BARRY McCAFFREY: [at press conference] The drug threat is changing, and
student populations are picking up on it, and it's tending to drift into younger
years. The first use of marijuana figure - how old were you when you first used
marijuana - has steadily dropped. And I anticipate the next time we get a number
to give you, it will have dropped further.
NARRATOR: You won't get an argument from many American students. In Warsaw,
Indiana, schools the talk is about mixed messages, with families and children
torn between what the law says and what widespread use, even in their own homes,
is telling them.
GIRL: I know I lost one of my best friends over marijuana. Her mom found out,
and her mom was mad, but her mom also does it, so, I mean, her mom isn't setting
a good role model, or her dad.
LEE ANN RICHARDSON: I had a girl tell me that her parents were smoking
marijuana. And I asked her what she did in that situation, and she said she left
and goes to her room. And I said, "That's very good." You know, she's making the
right choice, the right decision to get away from the environment, basically.
BRET RICHARDSON: Just last week, I had one of my students come to me to tell me
about one of his relatives, and he wants something done about it, so the
information has been turned over to our drug task force. I tell them all the
ramifications of that choice that they are making, and if they want the police
involved in it, it's going to disrupt the family life. And then it's up to the
student to decide if that's the direction they want it to go. We don't encourage
the kids to spy. That's not my role. I'm there as instructor, not as an
enforcement officer.
LEE ANN RICHARDSON: And you see he becomes- I could see he became partially
defensive on it. I think that's a sore subject with us, especially with the
D.A.R.E. program, because it has nothing in the curriculum about, you know,
turning people in or doing anything that way. [www.pbs.org: How effective is
D.A.R.E.?]
STEVE WHITE: One year, we did three indoor grows here based on the children of
the growers through the D.A.R.E. program. They not only told us about it, they
drew diagrams, how to get to Daddy's indoor grow. So that's tough on a family.
The more I think about it, the more I wonder.
NARRATOR: During his career arresting marijuana suspects, former DEA agent Steve
White found himself asking more questions.
STEVE WHITE: I had done a lot of undercover work. It was mainly amphetamines,
LSD, heroin and cocaine. I thought all dope dealers were scum to various levels,
that they would sell out their mother, and I've seen it time after time. When I
got into the marijuana program, one thing that amazed me was how cooperative a
lot of the people were, how proud of what they're doing, how normal, in every
other respect, they were. And there's some of them that I quite frankly like.
This is confusing, but I still put them in jail.
SUSPECT: I'm not hurting nobody, or at least I don't feel I am. I'm hurting my
lungs maybe. You know, buy a joint somewhere and you're a felon, or they want
you to be a felon. I mean, you know, that's the name of the game for them.
STEVE WHITE: I came to see them as a different breed of cat. They're still
criminals, but they don't have some of the characteristics of all the others
that I dealt with in the 20 years previously.
DENNIS FITZGERALD: There are some agents that don't see crimes associated with
marijuana use. They don't see the armed robberies that follow crack use or that
follow heroin addiction. They don't see any of the crimes that you associate
generally with drug abuse.
NARRATOR: Dennis Fitzgerald was a federal drug enforcement agent for 20 years.
Now retired from the DEA, Fitzgerald is director of the National Institute for
Drug Enforcement Training.
DENNIS FITZGERALD: Marijuana abusers don't, generally, when they can't get
marijuana, go out and rob a liquor store to get money to buy their marijuana. It
just doesn't follow. So an awful lot of law enforcement officers just don't have
the personal conviction when it comes to marijuana enforcement that they do with
the enforcement of heroin laws or crack cocaine laws or cocaine laws. A lot of
agents feel as though the marijuana laws misdirect an awful lot of investigative
energies, and people are going to jail for significant periods of time over very
small quantities of marijuana.
NARRATOR: Agents like Fitzgerald and Steve White have watched the war on
marijuana escalate. It is now costing federal, state and local agencies at least
$10 billion a year, more than one fourth the total budget for the war on drugs.
The enforcement effort has brought other consequences.
DENNIS FITZGERALD: The forfeiture of the assets directly enriches the police
agency that brings the case against the grow operators. Now, the monies that
they receive from asset forfeiture, primarily, it can be used to pay informants.
NARRATOR: Dennis Fitzgerald has written a book about how government agencies use
informants to make drug arrests. Informants can be paid up to 25 percent of the
value of assets seized in arrests, up to $250,000.
DENNIS FITZGERALD: What bothers me about the informant situation is the
unbelievable amounts of money that the informants are making, that they can
make. There are pamphlets that are put out on what to look for in marijuana
indoor grow operations: large air-conditioning bills, large power bills, the
delivery of firewood, generators. There's a whole laundry list of things that
people are told to look for. Ordinary citizens are encouraged. There's just this
whole network of people that are out there, just average citizens that have been
drawn in to become informants, neighborhood crime watches that have gone a step
too far.
POLICE OFFICER: Police search warrant!
NARRATOR: On this case, an informant had told state police that this house in
Indianapolis harbored a marijuana grow. No one was home except the suspect's
son.
POLICE OFFICER: Is your Dad home? Well, we've got a search warrant to search the
house. Where does your dad work?
NARRATOR: When the suspect came home, it turned out he was being used as an
informant himself on another state police marijuana case, so the charges on this
arrest were deferred.
SUSPECT: It's all about, I guess, they want you to look for somebody that's
bigger than you- stepping stone.
JOHN ANGELO: They were able to get a search warrant for an overhead infrared
search. So they come over with a helicopter one night and saw the heat signature
of the trailer under the ground, and that was their basis for a search warrant,
then, at that time to come in and arrest us.
NARRATOR: An informant's tip had also led to the arrest of John and Rachel
Angelo.
RACHEL ANGELO: I feel that the government actually makes people feel good about
using the marijuana laws or drug laws as a basis for- or as a bouncing board for
people to take advantage of each other and to be vindictive with one another.
You know, "Hurt your neighbor. It's the right thing to do."
JOHN ANGELO: Although I feel it's an improper law and I should have worked to
change that law, and I would like to see laws changed, I agree. Yes, I did break
a law. But I was no threat to the community. I was no threat to the environment
or to my kids or to anybody else. Justice would have been served a lot better by
taking my talents or my abilities to work to let me continue with my job and
paying taxes and stuff, but community service and home incarceration, keeping my
family together.
NARRATOR: Rachel Angelo was facing a five-year prison term. John could get 10
years in addition to a million-dollar fine.
Judge THELTON HENDERSON: I think when the sentencing guidelines first came in,
we thought they would phase out after some period of time. They're still around,
and I see no indication of them phasing out in the near future. But I'm not
aware of anything judges can do. We can't lobby. We're pretty much handicapped.
We can speak out, such as I'm speaking out now, and state our displeasure and
hope that the time will come when Congress will revisit this.
Sen. ORRIN HATCH, (R), Utah: The reason why we went to mandatory minimums is
because of these soft-on-crime judges that we have in our society, judges who
just will not get tough on crime.
NARRATOR: As chairman of the Senate Judiciary Committee, Senator Orrin Hatch of
Utah has been a leader in the fight to strengthen anti-crime laws. He strongly
supports mandatory minimum sentencing.
Sen. ORRIN HATCH: Keep in mind these growers and these pushers, they're killing
our kids. They're the reason we have such a drug culture in this society that's
just wrecking our country in a lot of respects. In all honesty, I think that
when you have people who are pushing drugs on our kids or pushing at all, we
ought to get as nails on them, and I don't think- in many respects, we ought to
lock them up and throw away the keys.
NARRATOR: Over the last decade, mandatory minimum sentencing has been
reconsidered by congress. The debates have not led to any change in the law.
Rep. STEVEN SCHIFF, (R), New Mexico: [at hearing] I think the debate, if any,
should be over how long individuals should be in prison compared to others. The
debate should never become whether individuals should spend time in prison.
MARK KLEIMAN: We ought to think about sentencing in terms of its actual impacts
on behavior, and we ought to frame our sentences in ways that make sense both
morally and practically
NARRATOR: Mark Kleiman recently joined a group of prominent scientists, drug
experts and public officials in proposing a new middle-of-the road approach to
national drug policy. [www.pbs.org: Read the proposal.]
MARK KLEIMAN: We don't want to debate legalization versus prohibition. We don't
want to debate hawks versus doves. We want to say, "Look, this is really a
complicated question. We need to look in detail at individual policies and
figure out which ones will actually serve the public interest."
One of the principles is that we ought to base our sentencing on a balancing of
costs and benefits, and not merely use long sentences as a way of expressing
disapproval. I think we ought to start basing mandatory sentences on the conduct
of the people engaged. Are they using violence? Are they using corruption? Are
they using kids? If we do that, I think we'll have a more sensible set of
sentences.
STEVE WHITE: I cannot see somebody in there doing eight years for marijuana and
a rapist being set free. Anybody that abuses another human being I have a
certain loathing for. There's a disparity there. But that's not with law
enforcement. We don't make the laws and we don't sentence the offenders. All we
do is catch people.
NARRATOR: John Angelo and his wife, Rachel, agreed to a plea bargain. Rachel
testified for the prosecution and was given three months in a halfway house with
work release. After she returned home, John would enter federal prison for a
five-year term.
RACHEL ANGELO: Just exactly what we expected to happen. They went with the plea
agreement because it was the easiest thing to do, I think.
JOHN ANGELO: And I'm willing to accept what I plead to. I saved Rachel and her
father both a lot of pain and suffering, and I'll live by that then. That's it.
Let's go home.
NARRATOR: Like John Angelo, Doug Keenan says he needs to grow and use marijuana
for medical reasons. He's a cancer patient. But Keenan is the kind of marijuana
grower who confuses the issue. He freely admits he also uses marijuana for
pleasure.
DOUG KEENAN: Most of the people that are in this want to see the plant let free.
Actually, we'd like to just see the dialogue get started, but we're having
enough trouble, you know, getting the government to the table on that. Everybody
on all sides agrees that it's not working, what we're doing. Great. What are we
going to do next?
Dr. DAVID MUSTO: Actually, the American people are, in a way, deciding now about
marijuana in a way they never had the opportunity before. We may be unraveling
the national consensus on drugs and bringing back to the states the decision as
to what to do with drugs because the votes in Arizona and in California suggest
that there could be parts of the country in which there's a different point of
view.
NARRATOR: Both California and Arizona have passed initiatives that permit
medical use of marijuana. In California, behind the doors of cannabis clubs like
this one in San Francisco, marijuana openly changes hands. The clubs are open to
anyone presenting a doctor's letter stating medical need. The existence of the
cannabis clubs has been challenged in court.
Dr. DAVID MUSTO: The medical marijuana debate is extremely interesting. There's
no question that people who want to legalize marijuana are using the medical
marijuana issue as a wedge. On the other hand, there are many statements from
people who have used marijuana in situations in which they've been greatly
helped by marijuana, and that's their testimony.
MARK KLEIMAN: And the answer therefore has to be, it seems to me, let's do the
research. I've been boring people for five years now by just saying, whenever
this question comes up, "Let's do the research. "Let's find out. Let's try it on
some patients and see if they get better." We shouldn't debate medical marijuana
as a shadow play about the deeper question of legalization of marijuana for
recreational use.
Sen. ORRIN HATCH: The minute California passed that particular statute, we had
marijuana fields start to grow up again, on the basis that they're using it for
medicinal purposes. And in the process, of course, we've got a lot of
indiscriminate use of marijuana now in California that is even greater than it
was before. If you allow people to grow marijuana and to indiscriminately grow
and use it, then you're adding to the lack of discipline and the problems that
we have in our society and, really, to, ultimately, the harder use of harder
drugs.
STEVE WHITE: I do not believe that decriminalizing or legalizing marijuana is
going to help in any way. I think it's a dangerous drug. I don't think it does
any good. Period.
DENNIS FITZGERALD: I'm not for blanket legalization of marijuana. I think
certain offenses should be decriminalized.
MAN AT ANTI-DRUG RALLY: Marijuana is the cure-all wrong message.
Dr. DAVID MUSTO: Should the government intrude on your private right to do
something? Or does the government have an obligation to take steps to protect
you in ways that you couldn't protect yourself? This goes back to the Federalist
papers, I mean, or to the Constitution. How should we run our lives? And
marijuana has become the symbol of how we should think about something that's
medicine or not a medicine, a private right or a public right. And people bring
to it their deepest feelings and their image of how they would like the world to
be run.
STEVE WHITE: It's an emotional issue. It's right there with gays in the military
and abortion. Everybody's got an opinion on it. When I started in law
enforcement, the general opinion, particularly in the white middle class
community, was "Marijuana? Send them to jail," because they're probably black or
Chicano, to begin with, and it wasn't something that affected us. Now it touches
everybody in America. And I don't think anybody doesn't have a family member in
an extended family that hasn't been touched by it.
ANNOUNCER: Discover more of our report at FRONTLINE's Web site. Take the
marijuana quiz, explore the interactive guide to federal and state laws on
marijuana, read an essay by the grower who's gone public, and take a close look
at two case histories, plus a timeline on marijuana in the U.S., the best of the
pro and con arguments and much more at FRONTLINE on line at www.pbs.org.
Next time on FRONTLINE-
1st LAWYER: We've been considered to be tilting at windmills.
ANNOUNCER: -a modern-day David and Goliath story.
2nd LAWYER: I wanted to get the truth out.
1st LAWYER: We bet the ranch on it.
ANNOUNCER: How a couple of small-town lawyers used secret tobacco industry
documents-
2nd LAWYER: The evidence was so powerful.
ANNOUNCER: -to build the biggest case in American legal history.
1st LAWYER: When Liggett actually settled, it was earth-shaking. It started the
walls crumbling.
ANNOUNCER: Get the real story when FRONTLINE goes "Inside the Tobacco Deal."
For videocasette information about tonight's program, please call this toll-free
number: 1-800-328-PBS1.
Now it's time for your letters and the huge response to our program on the
origins of Christianity: lots of praise, but also some criticism. Here's a
sample.
KENNETH FIELDS: [Palmyra, NJ] Dear FRONTLINE: From a purely secular standpoint,
an interesting show. From a true Christian perspective, the show was without
merit and it is obvious that this show was produced to discredit Christianity as
a faith. I'm sorry, but I hoped for something better.
JEFFREY CARVER: [Arlington, MA] I can understand the desire of the producers to
shy away from the question of Christ's divinity. It's a hot topic, after all.
But really, if you're afraid to address that question, then much of the rest
rings rather hollow. You can leave belief or unbelief up to the viewer, but you
can't just pretend it's not there.
JOHN MURRAY: [Redwood City, CA] As a committed Catholic, I was very impressed by
your program, even conceding its secular liberal bias. The program did something
which, unfortunately, occurs all to infrequently in our parishes on Sunday
morning. It actually got us thinking about our faith, how it became formed and
what it really means.
ANNOUNCER: Let us know what you think about tonight's program by fax [(617)
254-0243], by e-mail [FRONTLINE@PBS.ORG] or by the U.S. mail [DEAR FRONTLINE,
125 Western Ave., Boston, MA 02134].
WRITTEN AND PRODUCED BY
Elena Mannes
EDITOR
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SPECIAL THANKS
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