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DEA
Congressional Testimony
Statement
by:
Donnie R.
Marshall
Administrator
Drug Enforcement Administration
Before
the:
Senate Caucus
on International Narcotics Control
Date:
March 21,
2001
Note: This document
may not reflect changes made in actual delivery.
Chairman Grassley,
Ranking Member Biden, distinguished members of the Caucus: I am pleased
to have this opportunity to appear before you today for the purpose of
discussing our continuing efforts to address the dangers and concerns
associated with MDMA, the club drug known as "Ecstasy." As always, I would
first like to preface my remarks by thanking the Caucus for its unwavering
support of the Drug Enforcement Administration (DEA) and overall support
of drug law enforcement.
In recent months,
there has been encouraging news regarding our efforts against illegal
drug use. Numerous surveys indicate that overall drug use is down, and
that the number of teens willing to try or use illegal drugs continues
to decline. Unfortunately, the advances that we are making are being partially
set back by a rapid growth in the popularity of "club drugs." This frustrating
trend is most clearly exemplified by the club drug Ecstasy, a Schedule
I synthetic psychoactive drug possessing both stimulant and hallucinogenic
properties. Recent estimates suggest that 10% of high school seniors have
tried Ecstasynearly double the amount estimated in 1995.
Ecstasy is a dangerous
drugdeceptively dangerous. For this reason, the widespread growth
of Ecstasy use has been nothing short of alarming. Records compiled by
the Drug Abuse Warning Network (DAWN) indicate that Ecstasy related emergency
room incidents have increased from 1143 in 1998 to 2,850 in 1999, the
last full year for which data is available. In 2000, DEA seized over 3
million tablets of Ecstasy, compared to slightly over 1 million tablets
in the previous year. Shrouded in the fallacy of safety perpetuated by
traffickers and rave promoters, Ecstasy is marketed as a "hug drug" or
"love drug" at rave parties, all to the immense profit of traffickers,
and the detriment of misinformed youths.
We are frequently
reminded that our future rests with the young people of this great nation.
As suggested by the title of this hearing, "America at Risk: The Ecstasy
Threat," America is indeed at risk, and Ecstasy has shown
itself to be a formidable threat. Accordingly, we must confront this threat
by educating parents and children on the dangers of the drug, and taking
aggressive law enforcement action against those who choose to defy the
law by trafficking in Ecstasy. Enhancements to the sentencing guidelines
will undoubtedly increase DEA's ability to neutralize this threat, and
will send a powerful deterrent message to Ecstasy traffickers that their
punishment will now be commensurate with what we are rapidly recognizing
as the true level of harm perpetrated by this drug on the youth of America.
MDMA and the
"Rave" Scene: A Rapidly Growing Threat
The use of synthetic
drugs has become a popular method of enhancing the club and rave experience.
These rave functions, which are parties known for loud techno-music and
dancing, regularly host several thousand teenagers and young adults, many
of whom use MDMA, LSD, GHB, Rohypnol, or Ketamine. The drugs may be taken
alone, or in various combinations. Typically, nightclubs, bars, parties,
and raves attract local teenagers, college students, and young adults
who, should they choose to indulge in club drugs, face substantial health
risksincluding deathall in the interest of having a good time.
Raves began as gatherings
of thousands and revolved around techno music. They originated in England
and were traditionally held in large warehouses or open outdoor areas.
These events then moved into established clubs and were identified by
police as "Drug Taking Festivals." In the late 1980s, the rave scene migrated
to the United States by way of promoters and entertainers. In the early
1990s, their popularity increased, and they were firmly established as
a subculture. Raves, under any name, are a lucrative business and are
frequently the sites of crimes such as pharmaceutical diversion, rape,
property damage, gang violence, drug sales, robberies, assaults, and murder.
Typically, rave goers
are between 12 and 25 years old, of various ethnic backgrounds and national
origins, and of differing sexual preferences. They are generally from
middle to upper middle class economic backgrounds.
Raves are organized,
promoted, and financed by local and national enterprises. Organizers may
employ bands, disk jockeys, or both. Advertising is conducted through
the use of flyers, posters, telephone, radio, and the Internet, all of
which entice the prospective participants to attend. Many events are advertised
as "alcohol free," giving party-goers and parents a false sense of security.
Raves feature hard,
rapidly pounding music that is usually accompanied by psychedelic lights,
videos, smoke, fog, and simulated pyrotechnic displays. A typical rave
club layout might consist of a large dance area with no air conditioning,
a separate "cool down room," and a VIP Room. The high temperature environment
serves to optimize the sale of water, which is marketed by party promoters
at exorbitant prices. Raves are often scheduled at unusual hours (e.g.,
10:00 p.m. to 9:00 a.m.) to avoid local curfew restrictions. In addition,
"After Hours Clubs" have opened to extend the rave experience. These clubs
also advertise alcohol-free parties, and often remain open until noon.
Paraphernalia used
at rave parties include menthol nasal inhalers, Vicks Vapor Rub, eye drops,
surgical masks, and glow sticks (to enhance the visual effects of Ecstasy).
These items are frequently accompanied by Skittles, M&Ms, or similar
candy containers (to hide the drug); lollipops and pacifiers (to prevent
involuntary teeth clenching); water, juice, sports drinks, and soft drinks
(sold at inflated prices and used to manage excessive body heat and dehydration);
and drug testing kits to allow rave-goers to test the purity of the drug.
Club drugs have
become such an integral part of the rave circuit that there no longer
appears to be an attempt to conceal their use. Traditional and non-traditional
sources continue to report the flagrant and open use of drugs at raves.
Intelligence indicates that it has also become commonplace for security
personnel at these parties to ignore drug use and sales on the premises.
All of these factors, and the fact that many teens do not perceive these
drugs as harmful or dangerous, make the rave experience a truly threatening
development.
MDMA: The
Fallacy of the "Feel Good" Drug
MDMA (3, 4-Methylenedioxymethamphetamine)
also known as Ecstasy, is a Schedule I synthetic, psychoactive drug possessing
stimulant and hallucinogenic properties.
Drug Abuse Warning
Network (DAWN) estimates reveal that nationwide hospital emergency room
mentions for MDMA rose dramatically from 1,143 in 1998 to 2850 in 1999.
Seizures of MDMA have also increased drastically. Seizures of MDMA tablets
submitted to DEA laboratories have risen from a total of 1,054,973 in
1999 to 3,045,041 in 2000. DEA arrests for MDMA violations also increased
from 681 in 1999 to 1,456 in 2000. Similarly, the number of DEA initiated
cases targeting MDMA violators increased from 278 in 1999 to 670 in 2000.
Users of drugs such
as MDMA report that the effects of the drug heighten the user's perceptions,
which are especially sensitive to visual stimulation. Quite often, users
of MDMA at clubs will dance with "light sticks" to increase their sensory
input. Legal over-the-counter products such as Vicks Vapor Rub are also
used to enhance the effects of the drug. The state of being "high" on
Ecstasy is also referred to as "rolling." Individuals usually experiment
by "stacking," a term used to describe taking three or more tablets at
once, or by "piggy-backing," which is the consumption of a series of pills
over a short period of time. When users want to "come down" from the effects
of Ecstasy, they will often resort to using other drugs. The unpredictable
purity levels and unknown origins of these drugs, especially when used
in combination with one another, pose a tremendous danger to club drug
users.
MDMA use can sometimes
result in severe dehydration or exhaustion, or other adverse effects such
as nausea, hallucinations, chills, sweating, increases in body temperature,
tremors, involuntary teeth clenching, muscle cramping, and blurred vision.
MDMA users have also reported after-effects such as anxiety, paranoia,
and depression. An MDMA overdose is characterized by high blood pressure,
faintness, panic attacks, and, in more severe cases, loss of consciousness,
seizures, and a drastic rise in body temperature. MDMA overdoses can be
fatal, as they may result in heart failure or extreme heat stroke.
In 1998, the National
Institute of Mental Health conducted a study of a small group of habitual
MDMA users who had abstained from use for approximately 2-3 weeks. The
study revealed that the abstinent users suffered damage to the neurons
in the brain that transmit serotonin, an important biochemical involved
in a variety of critical functions including learning, sleep, and integration
of emotion. The results of the study indicate that recreational MDMA users
may be at risk of developing permanent brain damage that may manifest
itself in the form of depression, anxiety, memory loss, and other neuropsychotic
disorders.
MDMA Trafficking:
Merchants of Death
MDMA is manufactured
clandestinely in western Europe, primarily in The Netherlands and Belgium,
which produce 90% of the MDMA consumed worldwide. A typical clandestine
laboratory is capable of producing 20 - 30 kilograms of MDMA per day,
with one kilogram of MDMA consisting of approximately 3,500 tablets. Dutch
Police reported the seizure of one laboratory capable of producing approximately
100 kilograms (350,000 tablets) of MDMA per day.
Most often, MDMA
consumed in the United States is manufactured by Dutch chemists, and transported
or distributed by various factions of Israeli Organized Crime groups.
These groups recruit and utilize American, Israeli and western European
nationals as couriers. These couriers can smuggle anywhere from 2.5 to
5 kilograms on their person, and up to 10 kilograms in specially designed
luggage. In addition to the use of couriers, these organizations exploit
the parcel mail, DHL, UPS, and U.S. Postal Service to facilitate delivery
of their merchandise. Due to the size of the MDMA tablet, concealment
is much easier than other traditional drugs (i.e. cocaine, heroin and
marijuana) smuggled in kilogram-size packages.
The drug trafficking
organizations involved in MDMA distribution are brought together by the
enormous profit realized in these ventures. As MDMA has traditionally
been manufactured abroad, these organizations are multi-lingual and multi-national
in nature. Although estimates vary, the cost of producing an MDMA tablet
can run between $.50 - $1.00. The wholesale, or first level price for
MDMA tablets have ranged from $1.00-$2.00 per tablet, contingent on the
volume purchased. The potential four-fold profit presented by this pricing
arrangement provides huge incentives for the clandestine laboratory owner
or chemist. Furthermore, manufacturing laboratories can frequently realize
these profits without coming into contact with anyone other than first
level transportation or distribution representatives. This limited number
of required contacts reduces the manufacturer's risk of law enforcement
infiltration or detection.
Once the MDMA reaches
the United States, a domestic cell distributor will charge from $6 to
$8 per tablet. The MDMA retailer will, in turn, distribute the MDMA for
$25 to $40 per tablet. As evidenced by the mark-up at each tier of the
distribution continuum, there is clearly a tremendous profit to be realized
at each stage of the MDMA trafficking process. Consequently, to date,
the incentives created by profits from MDMA trafficking dwarf the perceived
deterrent effects of existing trafficking penalties.
MDMA traffickers
utilize all major airports in Europe as transshipment points for MDMA
destined for the United States. Los Angeles, New York and Miami are currently
the major "gateway cities" for the influx of MDMA from abroad. These three
cities reflect the greatest number of arrests and seizures of MDMA within
our borders. The largest MDMA seizure in the United States occurred in
Los Angeles, California, where DEA and U.S. Customs seized over 700 pounds
of the drug. Because of increased law enforcement awareness, Israeli traffickers
are adjusting their routes and modes of transportation in order to circumvent
detection and interdiction by law enforcement officials. These adjustments
include a shift in transportation routes from these three "gateway cities"
to other ports of entry in the United States.
Diversification:
The Emergence of Colombian and Dominican MDMA Traffickers
Currently, Israeli
and Russian MDMA trafficking organizations dominate the MDMA market in
the United States. As Ecstasy proves more profitable and as law enforcement
pressures force the traffickers to re-group, the U.S. MDMA trade will
become increasingly diverse. Other drug trafficking organizations based
in Colombia, the Dominican Republic, Asia, and Mexico, will likely garner
a portion-- possibly a significant portion--of the MDMA trade in the future.
In February 1999,
the Department of Administrative Security (DAS) in Cali seized Colombia's
only known MDMA laboratory. The trafficking organization responsible for
this laboratory reportedly had a distribution network throughout Colombia,
as well as in Mexico and in Miami, Florida. According to the DAs, this
trafficking organization was able to manufacture 3,000 tablets every eight
days and to sell each tablet on the black market for the equivalent of
US$23. This may denote an experimentation phase of MDMA production in
Colombia. On August 17, 2000, British authorities seized a parcel containing
3,900 MDMA tablets at Heathrow International Airport. The parcel arrived
on a British Airlines flight from Bogota, Colombia. Each pill contained
18% MDMA, which is lower purity than a typical MDMA pill. It has not been
confirmed at this time if the MDMA was produced in Colombia.
Dominican drug trafficking
organizations, which have been preeminent in the crack trade on the east
coast, are also becoming increasingly involved in MDMA distribution. Dominican
organizations operating in the United States are smuggling MDMA into the
country from European countries, particularly the Netherlands and Belgium.
Several identified Dominican MDMA traffickers have obtained Dutch passports
to in order to facilitate their travel from the Netherlands to the Caribbean
and the United States. During calendar year 2000, approximately 125,100
MDMA pills were seized from Dominican drug trafficking organizations at
international airports in the Dominican Republic. During the same time
period, approximately 350,000 MDMA pills were seized from Dominican nationals
acting as drug couriers at U.S. airports.
Dominican organizations/Dominican
nationals involved in MDMA trafficking have been identified in cities
such as Miami, Newark, New York, Boston, and San Juan. According to the
El Paso Intelligence Center, nearly 312,000 tablets were seized from passengers
arriving in the United States from the Dominican Republic between October
1999 and September 15, 2000. Seven of those seizures occurred in New York,
seven in Newark, five in Miami, and four in San Juan.
MDMA destined for
the United States increasingly transits the Caribbean, particularly Aruba,
the Bahamas, Curacao, the Dominican Republic, Guadeloupe, Netherlands
Antilles, Puerto Rico, and Suriname. A portion of the MDMA shipped through
the Caribbean is destined for various Caribbean Islands, most likely for
sale to tourists who are vacationing in the region.
The DEA Santo Domingo
Country Office reports that MDMA is smuggled into the island nation from
the Netherlands. Puerto Plata is the Dominican Republic's most popular
tourist location. Between December and February, over 150 incoming flights
per week arrive at the Puerto Plata International Airport. During the
same three-month period, between 12,000 and 18,000 German tourists arrive
on the island.
Intelligence indicates
that some Dominican MDMA trafficking organizations are using the smuggling
techniques that have been traditionally associated with Dominican and
Nigerian based heroin and cocaine trafficking organizations, such as couriers
ingesting MDMA. For instance, one arrested courier had ingested 67 pellets
of MDMA.
In August 2000, the
Brazilian National Police (DPF) authorities seized a small-scale clandestine
MDMA laboratory in Sao Paulo, the first such laboratory seized in Brazil.
The DPF officials seized 2.6 kilograms of MDMA as well as the chemicals
with the potential to produce approximately 10,000 capsules per month.
Brazil is the largest producer of chemicals in South America with approximately
24,500 chemical handlers registered in the country. This availability
of chemicals coupled with weak enforcement of chemical diversion, could
potentially foster the continuance of MDMA processing in Brazil.
The following incidents
further illustrate the increased diversification of MDMA traffickers:
- In March 2001,
Panamanian authorities arrested six individuals, including three Colombian
nationals, and seized 300 kilograms of cocaine and approximately 18,000
MDMA pills. The source of the MDMA is unknown.
- In February 2001,
several Colombian nationals were arrested and 187,500 MDMA pills were
seized in Miami, Florida. The source of the MDMA is unknown.
- On February 8,
2001, a Bolivian resident was arrested in New York in possession of
15,000 MDMA pills. Although the source region of this MDMA is unknown,
the individual had a false Portuguese passport, which may indicate that
he traveled from a location in Europe.
- In October 2000,
several Colombians nationals were arrested in Orlando, Florida on MDMA-related
charges. The source of the MDMA is unknown.
- In November 2000,
Dutch authorities arrested eight individuals, including several Colombian
nationals, and seized 12 kilograms of cocaine, 26 kilograms of heroin,
and 31 kilograms of MDMA.
- In December 2000,
Panamanian authorities seized approximately 1,100 MDMA pills and arrested
a Panamanian and a Colombian national. The source region for this MDMA
is unknown.
- In October 2000,
two Dominican nationals were arrested at the Punta Cana International
Airport in possession of 26,000 MDMA pills. The two individuals had
arrived in the Dominican Republic aboard a Martinair flight from Holland.
Driven by the huge
profits that can be derived from MDMA trafficking, the number of Colombian
nationals engaged in this activity will likely continue to increase. Colombian
and other South American drug trafficking organizations may have significant
ties to Spain due to the cultural and linguistic links that it offers
to these traffickers. Accordingly, Spain is increasingly being used as
a transshipment country for MDMA shipments destined for South America.
We will continue
to monitor any changes in MDMA trafficking by Colombian and/or Dominican
based organizations which would indicate an increased number of MDMA laboratories,
as well as an increase in the production capacity of those MDMA laboratories
in Colombia. To date, only one relatively small MDMA laboratory has been
seized in Colombia, which may indicate that production is in an experimentation
phase.
Europe will most
likely remain the primary source region for MDMA seized from Colombian
and Dominican nationals, at least, in the near term. Current evidence
does not support the unconfirmed reports that significant quantities of
MDMA sold in the United States are now being produced in either Colombia
or Mexico. Incentives, such as established clandestine laboratories and
secure trafficking routes to the United States, exist for criminal organizations
desiring to manufacture MDMA in the Americas. However, it appears, at
least for now, that MDMA production is securely entrenched in Europe.
MDMA production also
appears to be gaining a foothold in Asia. Canadian authorities reportedly
have seized MDMA manufactured in Asia from an Asian Organized Crime group.
Given the ready availability of precursor chemicals in Asia, it is possible
that Asian production of MDMA will increase in the future.
Dominican and/or
Colombian nationals smuggling cocaine to Europe may seek to exchange their
cocaine for MDMA pills, a significant quantity of which will be destined
for U.S. cities. For example, one organization operating in the United
States reportedly exchanges cocaine for MDMA at a rate of one kilogram
of cocaine for 13,000 MDMA pills.
Investigative
Efforts: Confronting the Threat
In July, 1997, DEA
established Operation Flashback in an effort to target organizations
and individuals that distribute and manufacture club drugs. On July 2,
1998, MDMA was approved for inclusion under this Special Enforcement Program.
Since February 1998, the number of active investigations included under
this program have increased from 6 to 158, reflecting heightened law enforcement
emphasis on the increased availability and demand for club drugs. Operation
Flashback seeks to achieve the following five primary objectives:
1. Develop prosecutable
cases against individuals and organizations that manufacture and distribute
"club drugs;"
2. Develop intelligence
links between domestic wholesale distributors and the foreign sources
of supply;
3. Identify,
arrest, and prosecute violators at a high level of distribution, including
the clandestine lab operators;
4. Establish
and coordinate an overall strategy for all domestic and foreign investigative
efforts;
5. Identify
the command and control infrastructures of organizations that are distributing
"club drugs."
During this time,
DEA has completed a number of significant investigations that have dismantled
global MDMA trafficking organizations, as well as limited the effectiveness
of rave parties as a venue for distributing club drugs. These investigations
are pending prosecution, so I will have to limit my remarks until the
prosecutions are completed.
The State Palace
Theater Investigation, which was conducted by the DEA New Orleans
Division in conjunction with the New Orleans Police Department and the
U.S. Attorney's Office in New Orleans, serves as an excellent model of
the resourcefulness of law enforcement in addressing the threat of club
drugs. In this instance, investigators applied 21 U.S.C. 856, which is
informally designated as the "crack house statute," for the purpose of
securing federal search warrants in furtherance of investigating club
drug sales at rave parties. The statute makes it unlawful to "manage
or control any building, room, or enclosure
and knowingly and intentionally
rent, lease, or make available for use
for the purpose of unlawfully
manufacturing, storing, distributing, or using a controlled substance."
During the course
of this investigation, DEA agents learned that over the past two years,
from 400 to 500 teenagers and young adults had been treated at local emergency
rooms for overdose related illnesses following their attendance at rave
events hosted by the State Palace Theater in New Orleans, Louisiana. On
July 30th, 2000, the New Orleans Field Division conducted their
eighth and final undercover operation at the State Palace Theater. As
with the other operations, the undercover agents made numerous purchases
of controlled substances and filmed the distribution and use of numerous
controlled substances.
On August 26th,
2000, DEA agents, in conjunction with the New Orleans Police Department,
executed federal search warrants at the State Palace Theater rave venue,
as well as an affiliated corporate office, Rene Brunet, Inc. While this
investigation is ongoing, we are hopeful that more investigations along
the lines of the State Palace Theater investigation will have an impact
on shutting down raves.
Other Community
Initiatives
Law enforcement authorities
in other parts of the country have implemented equally resourceful strategies
to address club drug use at rave venues. After the detection of rave promotion
flyers in Florence County, South Carolina, DEA and the Florence County
Sheriff's Office were able to obtain a court order against the rave promoters
on the basis of health code violations. The lack of sufficient water supply
and inadequate toilet facilities at the designated rave location were
cited. The rave promoters advertised another rave event in Horey County,
South Carolina, and were again deterred. Although these efforts were successful
for South Carolina, they resulted in the displacement of the rave promoters
across state lines to North Carolina. Efforts are now underway in North
Carolina to further deter the raves from these communities as well.
Igor ZAGRUZNY
Trafficking Organization
Similarly, the DEA
Los Angeles Division conducted an international investigation targeting
a Russian organized crime group, which was distributing large amounts
of MDMA throughout southern California. In November, 1999, Los Angeles
DEA agents made an undercover purchase of 1,000 MDMA tablets from Igor
ZAGRUZNY and his associate, Michael FLOWERS. On December 21, 1999, as
a result of coordinated investigative actions with DEA, the U.S. Customs
Service seized 100 pounds of MDMA at the Federal Express hub in Memphis,
Tennessee. A controlled delivery was initiated by U.S. Customs, resulting
in the seizure of an additional 600 pounds of MDMA, $2.3 million, and
the arrest of five individuals.
Further investigation
resulted in the arrests of Zagruzny associates Josef YAVETZ and Michael
HELO in Germany with 190 pounds of MDMA. At the time of their arrest,
a total of six Federal Express receipts for six packages containing MDMA
destined for Los Angeles, California were recovered from both defendants.
On September 16th,
2000, Dutch police officials arrested DEA fugitive Tamer-Adel IBRAHIM
in a hotel room in The Hague, Netherlands. IBRAHIM was the intended recipient
of 2.1 million tablets of MDMA seized in Los Angeles on July 22, 2000.
DEA will continue to assist Dutch counterparts in the follow-up aspects
of this investigation.
Recent Legislative
Developments: The Advantages of Enhanced Penalties
As you are aware,
The Ecstasy Anti-Proliferation Act of 2000 (Public Law 106-310),
enacted by Congress last year, directs the U.S. Sentencing Commission
to provide for increased penalties for the manufacture, importation, exportation,
and trafficking of Ecstasy. As presently classified, MDMA sentencing guidelines,
through a conversion process, are equivalent to marijuana sentencing guidelines.
As the guidelines are presently configured, a first-time offender arrested
with 10 kilograms of methamphetamine has an exposure of 20-25 years, while
an MDMA trafficker potentially faces 5-6 years incarceration for the identical
amount.
The new sentencing
guidelines called for by Public Law 106-310 will offer federal drug law
enforcement a valuable tool in fighting the drug trafficking organizations
which are plaguing our young people with "club" drugs like Ecstasy. There
are three prongs to this valuable tool:
1) Greater likelihood
of federal prosecution;
2) More appropriate
terms of imprisonment for mid and high level dealers;
3) More effective
leverage in turning low level distributors to assist in apprehending
and prosecuting the top level violators in these drug trafficking organizations.
Let me address each
one of these prongs. First, each day the brave men and women of federal
drug law enforcement take immeasurable risks to pursue the world's major
drug trafficking organizations. Under the pre-amendment sentencing structure,
the potential sentences for MDMA violators are often too low to warrant
taking such cases to trial. And the traffickers know this. They know that
even if they are caught, the likelihood that they will go to prison for
very long is greatly diminished. Consequently, the guidelines offer little
deterrent effect under the pre-amendment structure. With an increase in
the sentences for Ecstasy traffickers and with more prosecutions of substantial
violators, we can strengthen the fight against the major trafficking organizations
which pose a threat to our young people.
Along those lines,
the pre-amendment sentencing arrangement for Ecstasy trafficking does
not reflect the serious nature of distributing this drug to teenagers
and young adults. Despite the popular notion, particularly among our young
people, that Ecstasy is a "safe" drug, the number of emergency room visits
related to Ecstasy and other club drugs has risen dramatically in the
last few years. In view of the relatively low age of MDMA abusers and
the rapid spread of the drug, it is clear that base offense levels for
MDMA are too low. As I discussed earlier, Ecstasy can kill, and
new evidence suggests that repeated exposure to Ecstasy will lead to long
term negative health consequences, including depression, memory loss,
and sleep disorders. The pre-amendment sentencing guidelines do not adequately
send the message that Ecstasy is a dangerous drug in the same class as
heroin. By adopting increased sentences for Ecstasy trafficking we can
send a message to the dealers that we won't stand by idly while they threaten
America's young people.
Finally, one frustrating
aspect of the pre-amendment sentencing structure for Ecstasy is the manner
in which it insulates the top levels of drug organizations. Typically,
the manufacturers and top dealers rely on subordinate distribution cells
to carry out the street level dealing of illegal drugs. These subordinates
act as a buffer between drug law enforcement and the higher echelons of
the drug trafficking organizations. Due to the leniency of the sentencing
guidelines, MDMA has become more attractive to those individuals or organizations
that might have otherwise sought to avoid drug trafficking due to potential
lengthy prison terms associated with the trafficking of drugs such as
cocaine, heroin and methamphetamine.
With the apparent
emergence of Colombian and Dominican based trafficking organizations into
the MDMA trade, there is a distinct possibility that MDMA shipments will
be co-mingled with cocaine and heroin loads from South America that are
destined for the U.S. market. Dutch and Panamanian authorities have already
encountered Colombian nationals with similarly mixed drug shipments, and
it is likely that American law enforcement can expect to encounter the
same. Increased penalties for distributing harmful drugs such as Ecstasy
will allow DEA and federal drug law enforcement to target the manufacturers,
international traffickers, and high level dealers who are at the root
of the club drug epidemic.
The application of
enhanced penalties, as called for by P.L. 106-310, will increase sentences
approximately three-fold, and would act as a viable deterrent, thereby
offsetting the immense profits that entice prospective traffickers. In
addition, enhanced penalties would give agents and prosecutors more leverage
when negotiating plea bargains and cooperation agreements with defendants.
Two recent investigations conducted by the Long Island Resident Office
clearly illustrate this point. In one case, a trafficker was charged with
distributing in excess of 200,000 MDMA tablets, and was sentenced to only
6.5 years imprisonment. A co-defendant charged with distributing 300,000
tablets was sentenced to only 7.5 years imprisonment. Under the enhanced
sentencing guidelines, these same traffickers would potentially receive
prison sentences in excess of 18 years.
It should
be noted that another recently-enacted statute, The Hillory J. Farias
and Samantha Reid Date-Rape Prevention Drug Act of 1999, (Public Law
l06-172) contains a statutory obligation that requires DEA to establish
a special unit to assess the abuse and trafficking of GHB, Flunitrazepam,
ketamine, and other controlled substances designated as club or designer
drugs, whose use has been associated with sexual assaults. In addition,
the Attorney General was directed to develop a protocol for the collection
of evidence and the taking of victim statements in connection with violations
of the Controlled Substances Act which result in or contribute to sexual
assault, crimes of violence, or other crimes involving the abuse of GHB
and other designer drugs.
Recommendations
for Demand Reduction: Knowledge is Power
To focus national
attention on the MDMA threat, DEA hosted the International Conference
on Ecstasy and Club Drugs in partnership with approximately 300 officials
from domestic and foreign law enforcement, judicial, chemical, prevention
and treatment communities. The conference was held from July 31, 2000
to August 2, 2000 at DEA Headquarters in Arlington, Virginia. During the
conference, a working group developed several demand reduction objectives
which have been institutionalized by DEA. These objectives include:
- Providing
accurate, complete, and current information on the scientific findings
and medical effects of club drugs on the human body: DEA must
publicize the science-based research websites and publications of the
National Institute of Drug Abuse (NIDA), the Center for Substance Abuse
Prevention (CSAP), the Center for Substance Abuse Treatment (CSAT),
and others in a way that is more palatable to youthful consumers. In
addition, DEA needs to continue the purchase of internet "keywords"
to ensure anti-drug messages are seen first, and to develop information
brochures for wide distribution;
- Working
with local, state, and other federal agencies and nonprofit organizations
in an effort to advance drug education and prevention;
- Enhancing
parental knowledge of raves and club drugs and engage their active participation
in education and prevention of drug abuse: This can be done
by consolidating and reproducing conference videos to enable parents
to see what is going on inside raves, dance clubs, and other places
that they perceive to be "safe." DEA needs to ensure wide distribution
of educational videos and other materials to Demand Reduction professionals,
Drug Abuse Resistance Education (D.A.R.E.) Officers, and others. In
addition, existing parent forums such as Parent-to-Parent, PTA's and
Faith Community Groups must be re-energized, and new parent educational
programs must be developed.
- Educating
high school and college students on the realities of raves and the effects
of club drugs on the human body. The education of high school
and college students on the realities of raves and the effects of club
drugs in the human body is a necessary part of DEA's demand reduction
program. Institutions of higher education that receive federal funds
are required under the Higher Education Act to implement a drug and
alcohol abuse prevention program for students and staff, and the DEA,
working with the Department of Education, must focus institutions' efforts
on meeting this requirement. In addition, DEA must help to ensure that
campus police are fully trained and aware of club drugs. Lastly, drug
education funds should be made available to student leaders and campus
organizations.
In an effort to reach
out to the highly vulnerable population of high school and younger students,
schools must use peer-to-peer education strategies to make teens aware
of the dangers of club drugs. Additional solutions include the use of
demand reduction programs to create alternative social activities, and
enlist the help of the entertainment industry to facilitate drug education
agendas.
As a follow-up to
last year's conference, DEA is planning a series of Regional Club
Drug Conferences, which will serve the purpose of taking DEA's demand
reduction message out to a variety of selected communities. The first
of these regional conferences has been scheduled to take place in Atlantic
City, New Jersey during May 2-3, 2001. Hosted by the DEA Newark Division
in conjunction with the New Jersey State Police, and New Jersey Prevention
Network, the conference will also focus on providing community based solutions
to problems relating to the abuse of club drugs. It is anticipated that
participants from Pennsylvania and Delaware will also be attending. Future
regional conferences will be held in Austin, Texas, San Diego, California,
Chicago, Illinois.
In closing, I would
like to reiterate that no one solution will completely neutralize the
threat to America posed by club drugs such as Ecstasy. However, by applying
a "holistic approach," utilizing a well coordinated combination of programs
that include Demand Reduction, Education, Treatment, and a Law Enforcement
strategy that makes maximum use of realistic penalties that reflect the
destructive nature of Ecstasy trafficking, the likelihood of our success
is immeasurably increased.
I thank you for
providing me the opportunity to address the Caucus, and I look forward
to taking any questions you may have on this important issue.
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