State & Local Executive Branches
Medical Marijuana: Los Angeles City Council Extends Moratorium
A year-old moratorium on the opening of new medical marijuana dispensaries within the Los Angeles city limits will be extended for at least another six months.
Medical Marijuana: Washington State Fight Over Allowable Quantities Continues
After being roundly chastised by more than a hundred medical marijuana patients and activists at an angry Monday meeting, the Washington state Health Department has extended the deadline for commen
Feature: California Attorney General Issues Medical Marijuana Guidelines -- Mostly Good But Some Problems, Say Advocates
After more than a decade of roiling confusion over what California's groundbreaking medical marijuana law and subsequent enabling legislation do and do not allow, state Attorney General Jerry Brown
Press Release: CA Attorney General Directs Law Enforcement on Medical Marijuana
Posted in In the Trenches by David Guard on Mon, 08/25/2008 - 5:03pmMEDIA RELEASE
Americans for Safe Access
For Immediate Release: August 25, 2008
CA Attorney General Directs Law Enforcement on Medical Marijuana / Comprehensive recommendations include protection of dispensaries
Sacramento, CA -- California Attorney General Jerry Brown issued long-awaited guidelines on medical marijuana today with support from advocates and law enforcement alike. The guidelines direct law enforcement on how to approach encounters with medical marijuana patients and establish a road map for local police policies. However, more significantly, the guidelines provide recommendations for operating medical marijuana dispensaries in accordance with state law. Specifically, the Attorney General states that, "a properly organized and operated collective or cooperative that dispenses medical marijuana through a storefront may be lawful under California law."
The guidelines are the culmination of years of work by Americans for Safe Access (ASA) and other advocates to educate and urge action from the Attorney General and other state officials. "Today we stand beside the Attorney General of California in his effort to fully implement the state's medical marijuana law," said ASA Chief Counsel Joe Elford. "We welcome this leadership and expect that compliance with these guidelines will result in fewer unnecessary arrests, citations and seizures of medicine from qualified patients and their primary caregivers." The guidelines not only provide direction for patients and police, but also for lawyers, judges and public officials to better understand their rights, responsibilities, and obligations under state law.
The guidelines firmly establish that as long as patients and caregivers are abiding by local and state laws, they "should be released" from police custody and "the marijuana should not be seized." In the event that medical marijuana is wrongfully seized from a patient or caregiver, and the court orders its return, the guidelines state that police "must return the property." Affirming that California's medical marijuana law is not preempted by federal law, the Attorney General further directs "state and local law enforcement officers [to] not arrest individuals or seize marijuana under federal law" when an individual's conduct is legal under state law.
Contained within the guidelines is a controversial provision requiring medical marijuana dispensaries to operate on a not-for-profit basis. This interpretation of the law comes from California's Medical Marijuana Program Act (SB 420), passed by the legislature in 2003. However, while the voter-approved initiative Proposition 215, the Compassionate Use Act, references the need for a distribution system, no mention is made of for-profit status. In prior discussions with the Attorney General's office, ASA had strenuously objected to this provision of the guidelines.
The guidelines come at a time of escalating interference by the federal government. The federal Drug Enforcement Administration (DEA) and Department of Justice continue in their attempts to undermine state law through ongoing investigations, raids, seizures, prosecutions, and imprisonment of medical marijuana patients and providers. In response, several California mayors, including Gavin Newsom and Ron Dellums, have voiced their opposition to House Judiciary Chair John Conyers (D-MI) and have called for oversight hearings. "It is now up to Congress and the new President to align federal policy with California and other medical cannabis states," said ASA spokesperson Kris Hermes. "It is time to resolve the federal-state conflict that serves only to undermine California and other states' sovereignty and inflict harm on seriously ill patients and their care providers."
For further information:
Guidelines issued today by the California Attorney General: http://www.AmericansForSafeAccess.org/downloads/AG_Guidelines.pdf
Attorney General bulletin issued to all law enforcement after the 2005 U.S. Supreme Court decision in /Gonzales v. Raich/: http://www.AmericansForSafeAccess.org/downloads/AG_Raich_Bulletin2.pdf
Salvia Divinorum: North Dakota Man, First in Nation Charged With Magic Mint Offense, Sees Charges Reduced
Kenneth Rau, the Bismarck, North Dakota, man with the dubious distinction of being the first person to be charged with a salvia divinorum possession offense in the US, got some good news last week.
Feature: The Drug Checkpoint That Wasn't -- Louisiana Lawmen Play Fast and Loose with the Constitution
In its 2000 decision in Indianapolis v.
Editorial: Why Hasn't Denver's Police Chief Been Fired for Violating Marijuana Laws?
David Borden, Executive Director
Drug Testing: Hawaii Teachers Back Away from Random Testing Provisions of New Contract
The Hawaii State Teachers Association (HSTA) and the administration of Republican Gov.
Feature: The Vultures Circle Sturgis, But One Man Fights Back
South Dakota's annual Sturgis Motorcycle Rally begins next weekend and, as usual, is expected to draw huge crowds of motorcycling enthusiasts.
The Sentencing Project: Disenfranchisement News/Updates 7/18/08
Posted in In the Trenches by David Guard on Fri, 07/18/2008 - 7:51pmLouisiana: Bill Requiring Voting Rights Notification Gets Thumbs Up from Local ACLU
The ACLU of Louisiana has applauded Gov. Bobby Jindal's recent signing of a law that mandates the Department of Public Safety and Corrections to notify people leaving its supervision about the process of regaining their voting rights. The law, which goes into effect August 15, also requires the Department to provide returning citizens with voter registration applications.
"By requiring notice of voting rights reinstatement to those completing their felony sentences, the Louisiana legislature and Gov. Jindal have taken an important step towards ensuring that all of Louisiana's eligible voters can exercise their fundamental right to vote," said Marjorie Esman, Executive Director of the ACLU of Louisiana, which lobbied in favor of the bill. "The enactment of this legislation shows that the right to vote transcends partisan politics," Esman said. "This bill is about the strength of our democracy."
Louisiana's current law bans nearly 100,000 citizens from voting until they have completed parole or probation. Thousands more are kept from the polls because they wrongly believe that they cannot regain their right to vote, according to the ACLU. "The ACLU of Louisiana will be working with Voice of the Ex-Offender (VOTE) to help ensure that the Department of Public Safety and Corrections implements the bill quickly and effectively," said Norris Henderson, VOTE's founder and director.
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Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today.
Contact Information: e-mail -- zjennings@sentencingproject.org, web: http://www.sentencingproject.org.
Medical Marijuana: Seattle Police Seize Hundreds of Patient Files in Raid on Co-op
Marijuana: Georgia Grand Jury Foreman Says Legalize It
Grand juries are charged with evaluating potential crimes presented to them by prosecutors and deciding whether indictments are merited.
Feature: Mendocino Marijuana Battle Waits for Election Results, Restrictive Initiative Draws Strong Opposition
Eight years ago, voters in Northern California's Mendocino County passed the groundbreaking Measure G, which allowed people to grow up to 25 marijuana plants for medical or personal use and directe
Marijuana: Idaho Resort Town Passes Three Initiatives -- Again
For the second time in less than a year, voters in the Sun Valley town of Hailey, Idaho, have approved a trio of marijuana reform initiatives.
Feature: New Mexico's Medical Marijuana Law Is Working, But There Is a Hang-Up Over Production and Distribution
After an exhausting seven-year struggle, New Mexico joined the ranks of the medical marijuana states last year.
Harm Reduction: San Antonio Needle Exchange Program Not To Be, Texas Attorney General Says Would Violate State Law
A state-sanctioned needle exchange program envisioned for Bexar County (greater San Antonio) under legislation passed last year will not happen -- at least not this year.
New York City's Marijuana Arrest Rate is Wildly Out of Control
Posted in Chronicle Blog by David Borden on Thu, 05/01/2008 - 1:04pm
Two of my colleagues, Deborah Small and Prof. Harry Levine, have analyzed New York City's marijuana policy in a major report released Wednesday the New York Civil Liberties Union. The chart appearing above pretty makes the central point, but check out Jacob Sullum's piece in Reason for a good general discussion of the report's findings and implications.
Also, Scott wrote here last night about an important side angle, why it's a bad idea to take out your marijuana to give it to police.
Yesterday's is a must-read too.
The report itself, and the authors' summary, are online here
PRESS CONFERENCE RESCHEDULED: Medical Marijuana Advocates Refute Law Enforcement
Posted in In the Trenches by David Guard on Tue, 04/29/2008 - 4:44pm
MEDIA ADVISORY
APRIL 28, 2008
UPDATE: TIME CHANGE FOR PRESS CONFERENCE
Medical Marijuana Advocates Offer Point-by-Point Refutations of Law Enforcement
Press Conference at 1 p.m. Tues. Will Also Feature Latest TV Ad Urging Governor to Allow Passage of the Medical Marijuana Bill
CONTACT: Neal Levine, MPP director of state campaigns, (612) 424-7001
MINNEAPOLIS -- A press conference Tuesday will highlight false and misleading statements made by certain aspects of the law enforcement community during testimony before the legislature, as well as to the press, in an attempt to derail a bill that would protect seriously ill Minnesotans from arrest who use medical marijuana with a doctor's recommendation.
Advocates will also unveil their latest TV ad urging the governor not to veto the bill as he has threatened to if it passes in the House.
WHAT: Press conference refuting misleading-to-outright false statements made by certain aspects of the law enforcement community who oppose Minnesota's medical marijuana bill.
WHO: Scheduled press conference participants include:
* Neal Levine, Marijuana Policy Project director of state campaigns
* KK Forss, an Ely photographer who suffers constant debilitating pain caused by a ruptured disk in his neck and nerve damage from subsequent surgeries and who is featured in the TV ad.
WHEN: Tuesday, April 29, 1 p.m. Note: This is a change from the prior advisory.
WHERE: State Office Building, Room 181
With more than 23,000 members and 180,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. For more information, please visit www.MarijuanaPolicy.org.
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Say "Thank You" : Denver Police Realize Lowest Priority for Cannabis Enforcement
Posted in In the Trenches by David Guard on Wed, 04/23/2008 - 2:01pm[Courtesy of Denver 420 Coalition]
[Denver] -- Congratulations to the Denver Police Department and the Mayor's Office for accomplishing a "low priority" event at the 4/20 Rally in Civic Center Park this year.
4/20 is International Cannabis Day, celebrated by millions of people throughout the world. Every year on 4/20 at 4:20 pm, citizens worldwide gather together to celebrate their favorite plant.
The Denver 4/20 Rally was the first 4/20 Rally to be held since the passage of a "lowest priority" law in 2007 that makes cannabis possession the "lowest priority" for law enforcement in the city of Denver. Denver citizens have been outspoken in favor of legalization of cannabis for adults. In addition to the lowest priority vote last year, they voted in 2005 to make small amounts of cannabis legal for adults and voted in 2006 to pass the same measure statewide. Despite these 3 votes, cannabis arrests have continued to rise.
Participants of the 420 Rally in Civic Center Park were happy to see that the Denver Police were present, but not actively enforcing state laws against marijuana possession as they had in the past. The numbers are not yet finalized, but estimates are that only a handful of people experienced any interaction with law enforcement at all. Last year, there were over 100 police that made over 60 arrests. Perhaps this signals a change in policy for the Denver Police and arrests will continue to drop overall.
Since opponents of cannabis relegalization are likely to be vocal in their opposition to the police standing by while thousands of people smoked cannabis openly, we are encouraging supporters of cannabis to contact the Denver Police, Mayor's Office and City Council and to say THANK YOU for making marijuana law enforcement a low priority on 4/20/08 in Civic Center Park.
Also tell them that they hope they maintain the same non-confrontational tactics when thousands of protesters converge on Denver for the Democratic National Convention, Aug. 25-28, 2008.
Denver Police Department
Internal Affairs Division (handles compliments and complaints) 720-913-6019 Click below to fill out an online ommendation form: ttp://www.denvergov.org/OIM/ComplaintCommendationForm/OnlineComplaintCommendationForm/tabid/425496/Default.aspx
Denver Mayor John Hickenlooper
Phone: 720-865-9000 (Denver 311)
Ask for the Mayor's Office
E-mail: MileHighMayor@ci.denver.co.us
Website: www.denvergov.org/mayor
Denver City Council
Phone: 720-865-9534
Email: dencc@ci.denver.co.us
Website: www.denvergov.org/CityCouncil
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Presented as a Public Service by the:
Denver 420 Coalition
Promoting Cannabis-related Tourism in Denver and Colorado http://www.denver420.com/
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VIDEOS
Vflog video
http://www.youtube.com/watch?v=J6XqSzjL7_E
CapnCannabis Video
http://www.youtube.com/watch?v=w3X1Mavc63s
Iowa Gov. Signs Nation's First Racial Impact Sentencing Bill
Posted in In the Trenches by David Guard on Fri, 04/18/2008 - 3:00pm[Courtesy of The Sentencing Project]
Dear Friends,
Less than one year after a national report found Iowa prisons and jails maintain the highest rate of racial disparity in the nation, Governor Chet Culver yesterday signed legislation requiring examination of the racial and ethnic impact of all new sentencing laws prior to passage.
"Iowa's aggressive attempt to address racial and ethnic disparity can jumpstart a movement for fairness around the nation," said Marc Mauer, Executive Director of The Sentencing Project and co-author of the report that helped instigate the legislative response.
Passage of the Minority Impact Statement Bill provides a means for legislators to anticipate any unwarranted disparities and enables them to consider alternative policies to accomplish the goals of legislation without causing undue negative effects on public safety. High rates of incarceration among people of color signal a failure to address social and economic problems within communities and can indicate bias within the justice system. The consequences for communities are disproportionate rates of voter disenfranchisement, unemployment, and disassociation among its citizens.
Representative Wayne Ford (D- Des Moines) authored the legislation, House File 2393, which garnered broad bipartisan support when passed by Iowa's House and Senate. In a statement he said, "I believe that we need to be tough on crime, but we must also make sure that our laws are fair and equitable."
In July, The Sentencing Project released its report, Uneven Justice: State Rates of Incarceration by Race and Ethnicity, which found that Iowa incarcerates blacks at a rate 13 times that of whites, more than double the national average. Iowa is the first state to pass legislation examining the racial and ethnic impact of new criminal justice policies. Bills to enact minority impact statements are also pending in Connecticut and Illinois. Last year, Oregon was the first state to introduce similar legislation. For more information, visit the Governor's Web site.



















