ADI Starter Marijuana War Aff/NegMays/Sharif/Skoog

Disease Advantage

Status quo marijuana policies cause prison overpopulation

ACLU 1 (American Civil Liberties Union, “Marijuana Arrests & Punishments,” JS)

Just under half of the million and a half annual arrests for non-violent drug violations are for marijuana. Because the vast majority of drug arrests are for non-violent offenses, this means that marijuana use is responsible for close to one half of this country's "drug problem." Source: "New Jim Crow." (Backed up by FBI Uniform Crime Report stats, at website above.) According to the FBI's Uniform Crime Reports Division's Annual Report, "Crime in the United States," there were 695,201 marijuana arrests in 1997 (more than in any previous year). 87.2% of these were for mere "possession." Only 12.8% were for "sale/manufacture," which includes manufacture for personal use and possession of sufficient amounts of marijuana (usually over one ounce) that "intent to deliver" is inferred, even though the drugs may have been intended for personal use only. Click here to learn more. Source: FBI's Uniform Crime Reports for 1997and Marijuana Policy Project (at above websites) The total number of arrests in 1997, as reported by the FBI, for all violent crimes - murder, rape, robbery and aggravated assault - combined was not much higher, at 717,720. Source: FBI's Uniform Crime Reports for 1997(at above website) Because police lack the resources to enforce drug laws against all 17 million regular marijuana users, the prohibition of so commonplace an activity invites selective law enforcement. Similarly, the vast number of marijuana arrests invites selective prosecution. Unfortunately, as statistics show, such discretion generally falls along racially defined lines. Source: "New Jim Crow." Harsh mandatory minimum sentencing laws for drug offenses result in prisons overfilled with non-violent marijuana offenders serving long sentences, often disproportionate to their crime. Take, for example, the case of Joe Pinson, convicted in 1993 of marijuana cultivation and possession - his first offense - and sentenced to a mandatory five-year jail term, despite the fact that he grew the marijuana because it helped treat his debilitating asthma symptoms.< Source: ACLU Spring Spotlight 98, above website. Under New York State law, the penalty for possession of 16 ounces of marijuana is equivalent to that for illegally selling a firearm, or for possession an explosive bomb or machine gun: a minimum jail sentence of one to three years (and a maximum of seven). The penalty for selling 16 ounces of marijuana is equivalent to that for illegally selling 10 firearms: 3? to 15 years in jail. The absurd message: pot is as or more harmful than guns. Source: "Drugs and Guns in New York State," compiled by Carl Bromley, from The Nation magazine, Sept. 20, 1999, "Beyond Legalization: New Ideas for Ending the War on Drugs."

Overcrowding increases the risk of disease—multiple warrants

Singh 9 (Shanta, Lawyer, “Prison overcrowding: A penological perspective,” 2009, JS)

Overcrowding results in the artificial control of the prison population through the unduly early release of sentenced offenders. Overcrowding undermines internal social control, creates high potential for conflict and can negatively influence the relationship between staff and inmates. This can very easily lead to cases where lives are at risk through violent retaliation by frustrated inmates. There is a ripple effect due to overcrowding. It leads to longer periods of imprisonment in cells and courtyards; less time for leisure activities and recreation; lower levels of participation in programmes; and increased stress levels as a consequence of higher social and spatial density. Another major challenge facing the Department of Correctional Services is the control of communicable diseases and viruses, particularly HIV/AIDS and Tuberculosis (TB). The problem of overcrowding facilitates the easy spread of communicable diseases among inmates. South Africa’s prisons have become a breeding ground for HIV, and prisoners now represent one of the hardest-hit segments of a country plagued by the disease. The number of HIV/AIDS related deaths is partly due to overcrowding of the prisoners, but is also a reflection of the pandemic outside prison postulates (Annual Report Judicial Inspectorate of Prisons 2002:19). The conditions in the overcrowded prisons are not conducive to longevity of those that are HIV positive. Various factors, for example, lack of fresh air, lack of exercise and high stress levels are relevant factors that contribute to this. South African prisoners, crammed into cells, share mattresses, tattoo needles and dirty razors (Marquez 2002:1). Other sexually transmitted diseases, which feed the spread of HIV, are rampant. Due to prisoners’ weaker immune systems, they are more contagious and less resistant to the virus.

Need to solve tuberculosis now—drug resistant TB

Christian 13

(Kira A., 7/3/13, Kashef Ijaz, Scott F. Dowell, Catherine C. Chow, Rohit A. Chitale, Joseph S. Bresee, Eric Mintz, Mark A. Pallansch, Steven Wassilak, Eugene McCray, and Ray R. Arthur, US National Library of Medicine National Institutes of Health, “What we are watching—five top global infectious disease threats, 2012: a perspective from CDC’s Global Disease Detection Operations Center,” 6/25/14, SM)

The global incidence of tuberculosis (TB) has been in a slow decline since the early 2000s. However, TB was responsible for 1.4 million deaths worldwide in 2011 (38). Additionally, the emergence and spread of multidrug-resistant (MDR) and extensively drug-resistant tuberculosis (XDR-TB), first identified in Tugela Ferry, KwaZulu-Natal, South Africa in 2005, pose a rising threat to global TB control (39). Morbidity and mortality are consistently higher among patients infected with MDR and XDR-TB, primarily because of the delays in diagnosis, limited or no options for antimicrobial therapy, complicated patient management and increased treatment costs (39). In 2009, it was reported that in the United States the cost of hospitalization for one XDR-TB patient was estimated to average $483,000 (40). According to WHO, by mid-2011, 84 countries had reported one or more cases of XDR-TB (38) and in the United States, 6 cases of XDR-TB were reported (41). In impoverished areas and vulnerable populations, the presence and spread of a demonstrably efficient human pathogen that in some situations has become almost untreatable with currently available agents warrants careful observation. In 2009 CDC responded to cases of XDR-TB in Namibia in an effort to mitigate further spread of illness (Fig. 2). Surveillance for resistant TB among global migrants and refugees is also imperative: in 2005, an outbreak of MDR-TB was identified in US-bound Hmong refugees from Thailand (42). Co-morbid conditions put vulnerable populations at further risk. Drug-susceptibility testing for first- and second-line TB drugs is unavailable in most settings with high incidence of TB, thereby creating the opportunity for emergence of XDR-TB when MDR-TB is inadequately assessed for drug susceptibility, and, treated inadequately (39). We include XDR-TB on the short list of pathogens to be monitored closely because of its potential for more widespread transmission. If XDR-TB became widespread, its severity and the difficulty of case management and infection control could cause considerable challenges for global public health.

Huge risk of HIV pandemic—drug resistant strains

Cooper 14(Charlie, 5/22/14, The Independent, “Drug-resistant HIV pandemic is a 'real possibility', expert claims,” JS)

A new HIV pandemic is “a real possibility”, one of the world’s leading authorities on infectious disease has said, warning that a rise of drug resistant strains of the virus could “reverse progress made since the 1980s” in combating the disease.¶ Professor Jeremy Farrar said that “the spectre of drug-resistant HIV” threatened to have “a huge impact” in the next 20 years, if drugs which have made vast improvements to the life expectancy of patients since 1990s become less effective.¶ His warning came as a coalition of scientists said that antimicrobial resistance (AMR) – the process by which bacteria and other microbes, including viruses, evolve to be immune to the drugs we use to combat them – should rank alongside climate change as one of the greatest threats facing humanity.¶ Professor Farrar, director of the leading research foundation the Wellcome Trust, said that it was “inevitable” that resistance to HIV would increase because it was a virus which could easily mutate.¶ Antiretroviral drugs currently used to treat HIV have been so successful that people living with the virus can expect to live healthy, active lives if they have access to the drugs and adhere to their regime.¶ While hailing the “incredible” progress made since the 1980s in treating HIV, Professor Farrar said that resistance to first resort drugs, and also some second and third resort, drugs had already occurred and that drug options for the virus were not “limitless”.¶ “It is not unreasonable that a HIV pandemic could return.” he said. “The possibility of a resistantly-driven HIV pandemic is quite real.”¶ He said it would be essential to use existing treatments “efficiently and effectively” to avoid further resistance developing.¶ “We [also] need to ensure we continue to develop new compounds rather than become complacent about the existing drugs we have,” he added. “A vaccine is also crucial to ensure we do not have to rely on our current prevention and treatment options. But an HIV vaccine will be incredibly difficult.”¶ In an article for the journal Nature published today, Professor Farrar and another leading figure, Professor Mark Woolhouse, have called for the establishment of a “powerful global organisation” similar to the Intergovernmental Panel on Climate Change (IPCC) to coordinate the worldwide response to the threat of anti-microbial resistance.¶ Scientists have warned for years that the rise of AMR risks undoing a century of medical progress with routine operations and cancer treatments becoming deadly because of the risk of infection.¶ Resistant strains of tuberculosis, malaria, MRSA and HIV have already spread around the world, they write. The focus of concerns has been antibiotic resistance, which relates to bacterial infections, but viral infections such as HIV and malaria are now also showing signs of resistance.¶ In Europe, there are estimated to be 25,000 deaths every year from drug-resistant infections – roughly the same as those killed in road accidents.¶

Overpopulation massively increases the risk of HIV and TB infections—also increases spread to the rest of society

Singh 9 (Shanta, Lawyer, “Prison overcrowding: A penological perspective,” 2009, JS)

Prisoners are often exposed to hygienic conditions of the most basic kind and suffer from inadequate fresh air, space and opportunities for exercise. May of the people who are incarcerated in prisonsare abzready in poor health, and the majority will come into contact with other unhealthy prisoners in overcrowded conditions (World Health Organisation 2001:1). According to Morodi (2003:6) the prison population throughout the world has been exposed to dreadful diseases of incurable nature such as HIV/AIDS and other related illnesses like tuberculosis, commonly known as TB, for a number of reasons such as deprivation of conjugal rights and as a result of overcrowding in prison cells predominately male. The prison conditions render an opportunity for prisoners to practice sodomy towards their fellow inmates who have resumed the roles of ‘wives’ in return for protection against other inmates posing a serious threat to them. People who are among the most likely to contract HIV are the same people who are most likely to go to prison: young, unemployed, un-or undereducated, black men. This is due to the fact that many of the socio-economic factors, which result in high-risk behaviours for contracting HIV, are the same factors, which lead to criminal activity and incarceration (Goyer 2003:5). Goyer further states that high behaviours for the transmission of HIV include homosexual activity, intravenous (IV) drug use, and the use of contaminated cutting instruments. Conditions of overcrowding, stress and malnutrition (factors discussed above), compromise health and safety and have the effect of worsening the overall health of all prisoners, especially those living with HIV or AIDS. The victimisation of the younger, weaker prisoners is a direct result of the power of gangs, facilitated by corruption within the Department. Gang activity also increases the incidence of tattooing and violence between prisoners, creating the hazard of HIV transmission.According to Judge Fagan (2002:1) about 6000 of the 10000 prisoners released monthly from South African jails are HIV-positive. Conditions in overcrowded prisons are not conducive to the longevity of those who are HIVpositive. In addition to the number of prisoners who are HIV positive before they arrive in prison, there is also an as yet undetermined portion of inmates who will contract HIV while incarcerated. The prison environment creates many situations of high-risk behaviour for HIV transmission. The incidence of forced, coerced, and consensual sodomy is a reality of prison life, and is considerably increased by overcrowding and gang activity (ISS Monograph No 64 2001:5). It is further postulated that this type of sexual intercourse carries the highest risk of HIV infection, particularly in cases of rape. Forced anal intercourse is more likely to result in rectal tearing, which increases the likelihood of HIV transmission as the virus has a greater probability of entering the bloodstream.Harvey (2002:3) contends that any form of sexual violence results in much trauma and suffering on the part of the victim. Being a prisoner does not change the traumatic effects of sexual violence on a victim. Male rape in prison is a complex issue, which takes various forms and can be attributed to a number of causes. Any form of sexual contact with another person that involves coercion or lacks mutual consent is abuse, even though the degree of physical force applied may vary.Harvey (2002:4) is also of the opinion that ongoing sexual abuse occurs in a variety of ways: “Some prisoners form ‘protective’ sexual partnerships to avoid victimization. To escape being abused by many, they ‘choose’ to have one partner who might protect them from abuse from others most of the time. The motivation to exchange sex for protection often includes fear and stems from coercion, and as such constitutes a traumatic experience. Many prison staff dismiss claims of sexual violence arising from these protective pairings.” Rape is not an isolated event in prison; it is part of a larger phenomenon, the ranking of prisoners in a hierarchy by their fighting ability and manliness. It is unavoidable then that a youth in an adult penitentiary at some point will have to attack or kill, or else he most certainly will become a punk. If he cannot protect himself, someone else will (Kupers in Harvey 2002:3). By the same token the Rape Crisis workers who explored the dynamics of rape in prisons, found that the magnitude of this ‘silent epidemic’ of rape and other forms of sexual violence in prison has emerged.Harvey (2002:2) confirmed that the Rape Crisis intervention at Pollsmoor Prison revealed the following: § Rape and other forms of sexual violence are part of the prison culture in South Africa; § Survivors of rape and other forms of sexual violence in prison require trauma counselling; § Efforts must be made to break the culture of rape in prison; § Rape in prison impacts directly on sexual violence outside the prison; the cycle of victim-perpetrator violence ensues from untreated rape of male prisoners; and § The sexual needs of prisoners must be dealt with realistically and humanely by the Department of Correctional Services, especially given the current HIV/AIDS pandemic. HIV transmission is also increased by the presence of untreated sexually transmitted infections (STI’s). Some STI’s, such as herpes and syphilis, result in genital sores. Breaks in the skin in the genital region also increase the likelihood of HIV transmission. The prisoner population has a higher incidence of STI’s and is less likely to have access to treatment facilities. Thus, prisoners are more likely to have untreated STI’s than the general population and therefore are also at greater risk for transmitting and contracting HIV (ISS Monograph No 64 September 2001:5). The conditions in prison cause HIV infection to progress more rapidly, which means that prisoners will have a higher probability of infecting others when they are reintegrated back into the community (ISS Monograph 64 September 2001:5). By the same token even if prisoners do not contract HIV while in prison, there is a substantial number of HIV positive prisoners released into the community each year. Prisoners usually come from communities that suffer a great deal from poverty, unemployment, and crime. These are also the communities that are hardest hit by HIV/AIDS. This means that areas, which already have a higher proportion of HIV positive people, also have a higher proportion of people who have been sent to prison. When people are released from prison and return to these struggling areas, the effect will be an even greater increase in HIV infection. Conditions in prison are such that HIV easily takes advantage of its victims. Although, in theory, prisoners have access to medical care, in reality there is a massive shortage of medical staff because of the overpopulation problem. Prisons are also said to be a breeding ground for opportunistic diseases, which tend to shorten the progression from initial HIV infection to full-blown AIDS (Hlela 2002:2). AIDS is the leading cause of death in prison, not only in South Africa but in countries such as the United States as well (ISS Monograph No 66 2001:6). The number of deaths in prison has increased more than five fold since 1995, and continues to escalate. The Judicial Inspectorate has projected that in the year 2010; nearly 45000 prisoners will die while incarcerated. The table below shows the actual and projected infection rate for black men aged 20 to 34 in South Africa. With the data listed below, it can be estimated that the current HIV infection rate in South African prisons is at least 30%.