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Reporter's Notebook: Christopher Fee

The U.S. Drug War Reaches New Heights of Absurdity in Federal Court

Federal prosecutors charged George Wills and Robert Catalano, the owners of Puck Technology makers of the Whizzinator with conspiracy in Pittsburgh, PA in October. The two men plead guilty to two counts of conspiracy on November 24, and face up to eight years in prison and a $500,000 fine; their sentencing will take place in February of next year.[1] The prosecutors claimed the two had conspired to defraud the federal government’s drug testing programs:

“On October 14, federal prosecutors in Pittsburgh won a 19-count indictment against the owners of Puck Technology, maker of the Whizzinator, for fraud and selling drug paraphernalia. Prosecutors allege that by manufacturing and selling the Whizzinator, company president Gerald Wills and vice president Robert Catalano conspired to defraud the Substance Abuse and Mental Health Services Administration, which administers federal workplace drug testing programs. The government is seeking forfeiture of all of the company’s assets, including its Internet domain names.” [2]

The Whizzinator is a prosthetic penis which is used to dispense clean urine samples, made from synthetic urine, at the proper body temperature since many urine sample bottles used for drug tests are equipped with temperature strips to detect if the urine is too hot or cold to have come from the human body. One reason for using the prosthetic device is because many places visually monitor the person taking the drug test from probation departments, methadone clinics, to professional sports leagues, so privacy is not an option. The unit became popular three years ago after a NFL running back was caught with one in an airport, which led to the product becoming a popular topic on sports talk radio leading to large sales over the internet where the device was sold.[3]

Sources:

1. BBC

2. Wikipedia - Pittsburgh Tribune-Review

3. The Sporting News

Comments

The Whizzinator

I understand the Drug War has it's downfalls. But do not consider the policies in which this case is based to be part of that group. The product promoted here is essentially used to defaud drug screens, which are used to determine dosages in methadone clinics, the outcome of many court cases, and probation decisions, which is most definately both unlawful and detrimental to the treatment of addiction. So for the owners of the company that makes the product to be arrested for this is no different than someone being arrested for making counterfeit money, IMO.

Arrest for Counterfeit Money?!?

By George Y. Wells! Yes indeed. But who will arrest the Federal Reserve for creating counterfeit money (debt instruments) rather than the real thing?  By the way, shall we incarcerate congress while we're at it for abdicating its constitutional power to create money?  Good Luck, Huck!!!

Drug Testing Is Constitutionally Invalid- Jail the Prosecutors!

As drug testing does not go after impairment, it has NO validity, and violated the 4th and 5th amendments of the US Constitution for the sake of a criminal drug war; the makers of the Wizzinator are heroes who deserve full restitution for the government harassment, and those in the government involved with this prosecution deserve time in prision.

Constitutionality of Drug Testing

well said!

for years, i did my jobs better through the benefits of cannabis consumption than most of my "straight" co-workers-

i like the Jefferson quote in the header on your blog page

Desperation

Looking at the efficiency of this Drug War it's no wonder the State becomes desperate. Nothing seems to make any measurable diffence. Sure, some cop might think that removing this or that drug in a bust from the streets "makes a difference", but science is pretty clear on the matter these days: whether a country decides to do lenient stuff like Holland or become the Prison Country #1 of the world (USA) it simply does not predict level of use. Drug use is determined by a lot of things, but the toughness of enforcement doesn't seem to be one of them (or the effect is so little as to not be measurable). Both the recent WHO report showed this clearly and so did the 2007 UK Drug Commission report.

The other thing is that drug tests are kinda insane. What it really amounts to is a modern Inquisition searching for sinners and witches. What those pro-drug test folks are trying to do is judge on the basis of urine content instead of their behavior.

It amounts to firing someone on Monday because the person drank a bottle of wine Saturday - or revoke his driver's license although he has at no time sat behind the wheel while intoxicated or impaired in any way.

There would be an OUTRAGE among the general population if alcohol users were persecuted like this.

However, the proponents of drug testing are not interested in any real, measurable negative consequence of drug use. They are simply content to call people criminals and fire them on completely abstract grounds. That is more religion than reason or science.

Outrage ??

Actually, a little research would surprise you. I was searching for constitutional rights and ran into an article with a title something like: "the dui exception to the constitution". I got a little curious and followed it up a bit.

When it comes to alcohol, the Supreme Court has come up with a bunch of rulings that in effect say that the Bill of Rights does not apply. They can stop your car. They can forcibly extract a blood sample. If they arrest you, you cannot have an attorney or a phone call until after they have their sample.

In a number of states, they will not provide you with an attorney on a misdemeanor charge even though they can completely destroy your life with fines and penalties.

In the case of the Department of Motor Vehicles, many states have procedures that make it impossible to challenge the evidence or to call witnesses to make that challence.

There isn't a lot of outrage because most people are unaware of what can be done to them. After it happens, it's generally too late.

The justice system in

The justice system in America is way out of control. As pointed out above; "There isn't a lot of outrage because most people are unaware of what can be done to them." You can now be served papers & charged with a crime, which requires you to be arraigned in court to enter a plea. If you feel you are not guilty, or are not guilty & enter that as your plea, & wish to be judged by your peers to prove an unjust or false charge, it will cost you hundreds of dollars ($750 in ID) win or lose. Where is the justice in this? How can you be charged, required to appear under penalty of law with fines & jail, & then be required to pay such an outrageous fee for the most fair avenue that you stand a chance for proving your innocence? I can understand why this was probably instituted but there are surely much better ways to stop the abuse of juries & the court system by the habitual abusers than kicking the innocent or unjustly charged people square in the nuts before they can get justice. It's unfair, it's unjust & it's totally absurd. Our system has totally lost these bs still-preached principals of "innocent until proven guilty" & "to serve & protect" by allowing the railroading of misc. minor charges on people unless they want to dig into their pockets to prove that the people charging them are clearly wrong or corrupt. If i happen to ever find myself in this situation, take the charge & pay the consequences because it's cheaper & easier than proving your innocence when your truly innocent i can guarantee i'll be telling somebody what they can kiss. If i happen to be guilty of filed charges, then i'd step up to the plate like it should be. As you can probably tell this widely unknown & often accepted way of doing business really bothers me...

I see the one comment at the

I see the one comment at the top seems to feel that "treatment of addiction" is a cause of sufficient nobility that draconian punishments and an institution comprised of peeking into every minute of one's past behaviour is justifiable practice. Well since it's well known that every society in history sought relief through substance use, or abuse, if you will, I hope your "treatment" programs have less inherent hypocrisy than the AA and NA meetings I know of- the high point of which is of course the coffee and smoke break. Odds are you're an "addict" just like anyone else, only that which you find relief has the tax stamp of gov't slush fund approval. It's why cannabis remains a schedule I substance. It's why meth is the "scourge of America" yet JFK fired it's derivative intravenously with a cortisone booster (for his back condition) 4 times a day all through his Presidency. The government didn't launch a crusade because its FDA/AMA/Big Pharma monopoly was not defied. Here's what your drug testing got me: I came up positive in a urinalysis in the military in the early '80's, I had smoked pot on a previous sunday 40 miles from the base at a campground, on my day off. The end result was a courts martial, for which now, 25 years later, preclude gainful employment at any company which requires a security clearance and is a red flag for any background check whatsoever. So just to make ends meet for those 25 years, I often turned to dealing drugs. Pretty smart government we have, right? Urinalysis was used at that time as a witch hunt to out "dopers" from the Navy, after an accident on the USS Nimitz killed 14 sailors and cost hundreds of millions of dollars in damaged aircraft. Traces of pot were found in the blood samples of 7 of those men, who were flight deck crew with no connection to the reason for the crash: The pilot had the flu and took large doses of legal cold medicine, which impaired him and he shouldn't have flown but air wing was negligent and was skipping preflight doctor exams. Navy Brass found it more convenient to blame the victims of their ineptitude. So let's hang anyone who dare defy our perfect "system", right?

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