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Marc Emery Christmas Prison Blog

Marc Emery is approaching the halfway mark of his prison term. In a blog post on cannabisculture.com, "It's a Wonderful Life," he posts a few of the 3,500 letters of support he's received and reminds us that there are hundreds of thousands of nonviolent drug war prisoners in the US.

US Prison Population in First Decline Since 1972

In two reports released last week, the Bureau of Justice Statistics (BJS) announced that for the first time since 1972, the US prison population had fallen from the previous year and that for the second year in a row, the number of people under the supervision of adult correctional authorities had also declined.

In its report Prisoners in 2010, BJS reported that the overall US prison population at the end of 2010 was 1,605,127, a decrease of 9,228 prisoners or 0.6% from year end 2009. The number of state prisoners declined by 0.8% (10,881 prisoners), while the number of federal prisoners increased by 0.8% (1.653 prisoners).

Fully half of the states reported decreased prison populations last year, with California (down 6,213) and Georgia (down 4,207) accounting for the biggest decline in absolute numbers. Rhode Island (down 8.6%) and Georgia (down 7.9%) accounted for the largest percentage decreases.

For the first time since BJS started keeping jurisdictional data in 1977, the number of people released from prison exceeded the number of people sentenced to prison. Some 708,677 people were released from prison, while only 703,798 entered prison.

"The stability in prison release rates and expected time to be served indicates that the change in state prison population between 2009 and 2010 was the result of a decrease in state prison admissions," BJS explained.

Drug offenders accounted for 18% of state prison populations in 2009, the last year for which that data is available. That's down from 22% in 2001. Violent offenders made up 53% of the state prison population, property offenders accounted for 19%, and public order or other offenders accounted for 9%.

In the federal prison population, drug offenders made up a whopping 51% of all prisoners, with public order offenders (mainly weapons and immigration violations) accounting for an additional 35%. Only about 10% of federal prisoners were doing time for violent offenses.

Overall, somewhere between 350,000 and 400,000 people were doing prison time for drug offenses last year.

Similarly, in its report Correctional Population in the US 2010, BJS reported that the number of people under adult correctional supervision declined 1.3% last year, the second consecutive year of declines. The last two years are the only years to see this figure decline since 1980.

At the end of 2010, about 7.1 million people, or one in 33 adults, were either in prison or on probation or parole. About 1.4 million were in state prisons, 200,000 in federal prison, and 700,000 in jail, for a total imprisoned population of about 2.3 million. Nearly 4.9 million people were on probation or parole.

America's experiment with mass incarceration may have peaked, exhausted by its huge costs, but change is coming very slowly, and we are still the world's unchallenged leader in imprisoning our own citizens.

The 2011 International Drug Policy Reform Conference Meets in Los Angeles [FEATURE]

For three days last weekend, the towering Westin Bonaventure Hotel in downtown Los Angeles was awash with drug reform activists running from presentation to presentation and chatting in hallway confabs while discussing myriad topics on the streets outside. It was the Drug Policy Alliance's 2011 International Drug Policy Reform Conference, and it was the largest yet, with more than 1,200 people from around the country and the world in attendance.

conference plenary session (photo courtesy HCLU, drogireporter.hu/en)
Police officers from Brazil and the US (mainly members of Law Enforcement Against Prohibition) mingled with drug user activists from Latin America and Europe, college kids from Students for Sensible Drug Policy sat down with grizzled veteran activists, former drug war prisoners discussed issues with elected officials, Southeast Asian harm reductionists swapped stories with American social workers, East European AIDS workers talked shop with their counterparts from the US and Canada, Mexican poets shared panels with American city council members. And medical marijuana and pot legalization activists, especially from host state California, were everywhere.

In all, people from more than 30 countries and probably every state in the union, representing dozens of different drug reform, harm reduction, human rights, reproductive rights, and other groups flooded into Los Angeles to get the latest skinny on drug reform, drug legalization, and ending drug prohibition.

The reform conference is so large and the issues so complex and interconnected that for a single person to attend all the sessions would require an army of clones. Over the three-day conference, five or six fascinating panels went on simultaneously throughout the day, not to mention the mobile workshops (medical marijuana, Skid Row, juvenile justice) taking attendees on themed city tours, the open rooms where various groups maintained a continuous presence, the evening events, and, last but not least, the Thursday night "End the Drug War" rally in MacArthur Park that drew several thousand people.

Some highlights follow.

Republican Presidential Candidate Gary Johnson

In the conference's opening plenary session, former New Mexico Gov. Gary Johnson, who is struggling to gain traction in the Republican presidential nomination contest, found a friendly audience and threw it some red meat. Marijuana should be legalized and pot prisoners freed, he said to loud cheers and applause.

Johnson, who has been an advocate of drug legalization since his days as governor, said it was his stance on drug reform, rather than his record as governor or his advocacy of small government, that gets him noticed. "That's the marijuana guy," people always say when they see him, he said.

California NAACP president Alice Huffman (courtesy HCLU)
Politicians are behind the curve when it comes to drug reform, Johnson said. "Fifty percent of Americans support legalizing marijuana," he said. "But zero percent of the universe of politicians support this." Certainly not his Republican rivals, who look at the drug wars ravaging Mexico and compete to see who can sound tougher. "They all talk about border violence and adding guns to the equation instead of looking at the root of the problem, which is prohibition," he said.

The only other Republican presidential contender to take a firm line on ending the drug war is Texas Rep. Ron Paul. But Paul and Johnson together are only polling at about 10% of the Republican electorate, with Paul polling the majority of that. Johnson said he was concentrating on the New Hampshire primary, where he hopes a strong showing can keep his candidacy and his strong anti-drug war message alive.

[DRCNet Foundation and the Drug War Chronicle do not take positions on candidates. As a precaution, this article was produced by StoptheDrugWar.org's lobbying arm, Drug Reform Coordination Network.]

Mexico's Symbol of Drug War Resistance Tells Us It's Our Fight, Too

Read our feature story on this here.

Whither Medical Marijuana?

In the context of renewed federal repression aimed at medical marijuana production and distribution, not just in California, but in medical marijuana states around the country, panels on the future of medical marijuana understandably generated great interest. A nationally-focused panel noted that the Justice Department has not explained itself and its apparent change of heart, nor has it given any indication whether the raids and other actions against medical marijuana will continue, stop, or escalate.

Meanwhile, a second, California-centric panel worried about medical marijuana's future in the Golden State and bruited about ideas about how best to preserve it.

"There is a historic backlash against medical marijuana, and that is a result of our success," said Don Duncan, Southern California leader for Americans for Safe Access. "We made a strategic decision to go to localities, but now is the time to go back to Sacramento because we could lose ground in the towns. It is time for the legislature to adopt statewide regulations to protect safe access," he said.

Mikki Norris and Chris Conrad at Thursday's rally and concert in Macarthur Park (courtesy HCLU)
"We need to authorize storefront distribution, protect cultivators, and protect the civil rights of patients," Duncan continued, citing housing discrimination, employment problems, and custody issues.

But it's going to be a tough battle in Sacramento, he suggested. "Even the Democrats say the dispensaries are out of control, the patients don't look sick, the doctors are too lenient," he said. "Our base of support in Sacramento is eroding."

"I will call out my own party," said Assemblyman Tom Ammiano (D-San Francisco). "It's time to get militant. There is a pro-marijuana vote, it's bipartisan, and it's populist."

There is support for medical marijuana on the right side of the aisle in Sacramento, too. "Very few, even in my party, still believe in Reefer Madness," said Assemblyman Chris Norby (R-Orange County).

Pending California Marijuana Initiatives

A session on pending California marijuana legalization, decriminalization, and medical marijuana initiatives was useful for sorting out the competing proposals, with representatives of all serious proposals at the table. Here they are:

The Repeal Cannabis Prohibition Act would simply repeal the sections of California law prohibiting marijuana. It would also create a California Cannabis Commission to create a system of regulated cannabis commerce.

"If conduct is not prohibited, the feds cannot force a state to prohibit it," said Joe Rogoway, one of the initiative's sponsors. "This initiative eviscerates cannabis prohibition in California, all the laws would be wiped off the books," he said.

The Regulate Marijuana Like Wine initiative would also repeal marijuana prohibition and set up a system of regulated distribution. It mandates the Department of Alcoholic Beverage Control to set up regulations for sales by 2013. It is sponsored by, among others, long-time Libertarian and legalization activist Steve Kubby and retired Orange County Superior Court Judge Jim Gray.

"We've done our homework," said Gray. "We address those things that scare voters. We will have 10,000 valid signatures in two weeks," he vowed.

conference audience (courtesy HCLU)
Unlike the two legalization initiatives above, political consultant Bill Zimmerman's Marijuana Penalties Act would not legalize it, but would extend California's current decriminalization of up to an ounce to up to two ounces.

"California is not ready to legalize marijuana," argued Zimmerman, "but a strong majority agree that private adult use should not result in jail time. It seems sensible to try to move the ball forward this year."

Then there is the California Economic, Environmental, Hemp Restoration Act of 2012, a project of the Budget Economic Environmental Protection Alliance, which would legalize industrial hemp, medical marijuana, and recreational marijuana for people 21 and over. This initiative is still in the drafting phase.

"We want to create green jobs now," said initiative promoter Mark O'Hara. "Let's legalize industrial hemp and adult marijuana."

Finally, the folks who brought you Proposition 19, the California Coalition for Cannabis Policy Reform, have decided to forego another legalization bid for 2012, and are instead working on an initiative to regulate medical marijuana statewide.

"We want to create a robust environment for our members," said United Food and Commercial Workers (UFCW) cannabis division head Dan Rush. "Our initiative isn't done yet, but we want to be inclusive, serve people, the industry, and patients."

Rush was the only one to mention the 800-pound gorilla in the room: the mountain of cash it will take for any of the initiatives to make the ballot, let alone win in November 2012.

"We need to raise $15 million for the initiative and legislative action," he said. "We need a broad coalition beyond our movement."

More to Come

This article has touched on only a tiny fraction of what was discussed in Los Angeles last weekend. Look for more about and/or inspired by the conference in the near future. In the meantime, the Drug Policy Alliance deserves praise for once again putting together a reform conference that is staggering in its breadth and depth, and, as just about everyone agreed, maximally inspirational.

Los Angeles, CA
United States

Mexico's Symbol of Drug War Resistance Says It's Our Fight, Too [FEATURE]

At the 2011 International Drug Policy Reform Conference in Los Angeles last weekend, one of the more heart-wrenching sessions focused on the prohibition-related violence in Mexico, where somewhere north of 40,000 people have been killed since Mexican President Felipe Calderon sent in the army to wage war on the cartels in December 2006. A panel of Mexican politicians, activists, and journalists led by poet Javier Sicilia -- and El Paso City Councilwoman Susie Byrd -- examined the roots and consequences of Mexico's war on drugs and called eloquently on Americans to take action to stop the carnage.

Javier Sicilia addressing conference, with translator Ana Paula Hernandez (photo courtesy HCLU, drogriporter.hu/en)
Mexican journalist Diego Osorno, author of a book on the Sinaloa Cartel, explained how Calderon took power amidst mass mobilizations and turmoil after a closely contested election in which his foe refused to accept defeat. "Calderon took power amidst political and social crisis," Osorno explained. "He began the militarization using the pretext of drugs," he said.

The next panelist, former Mexican congressman Victor Quintana of Chihuahua (where Ciudad Juarez is located) looked at what Mexico's drug wars had done to his home state. "In Chihuahua, we had 407 people killed in 2007," he said. "In 2010, that number was 5,200. If the US had the same murder rate, that would be 400,000 dead in one year," he said.

"There has been an authentic genocide committed in our state," Quintana continued. "We have 10,000 drug war orphans and 230,000 people internally displaced. We face not only the violence of organized crime, but the violence of the state."

A report released Wednesday by Human Rights Watch makes clear just what Quintana was talking about when it comes to the violence of the state. The 212-page report, Neither Rights Nor Security: Killings, Torture, and Disappearances in Mexico's "War on Drugs," portrays systematic human rights abuses committed by Mexican government forces, including dozens of documented killings.

Human Rights Watch officials visited Mexico this week to deliver copies of the report to Calderon, members of the Mexican Congress, the Supreme Court, and civil society groups.

"Instead of reducing violence, Mexico's 'war on drugs' has resulted in a dramatic increase in killings, torture, and other appalling abuses by security forces, which only make the climate of lawlessness and fear worse in many parts of the country, said José Miguel Vivanco, Americas director for the organization.

Like other panelists at the conference in Los Angeles, Quintana took pains to make clear that Mexico's tragedy was tied to the US and the way we deal with the drugs we love to hate (or hate to love). "This is a bi-national war," he said. "America sends the guns and money, and Mexico gets the deaths."

Prohibition is a godsend to the cartels, said El Paso city councilwoman Byrd, who explained how a pound of marijuana sells for $25 in Mexico's pot-growing areas but $525 in Chicago. "Legalizing marijuana is the best way to take it to the cartels," she said.

Ciudad Juarez is "the epicenter of pain and tragedy, but also the epicenter of resistance," said Zulma Mendez, a bi-national El Paso university professor and Ciudad Juarez activist. The resistance has an agenda calling for demilitarization, justice and truth, and re-founding the city in a more human form, she said.

Zuma, too, called on Americans to act. "The bloodshed here is related to Plan Merida," she said. "US taxpayers are funding this to the tune of $2.5 billion. People in the US should demand an end to Plan Merida. US citizens can demand drug reform and revision of weapons policies and immigration and asylum policies," she challenged.

But it was gruff-voiced, cowboy hat-wearing Javier Sicilia who proved most powerful. A poet and journalist who became the voice of resistance after his son and five others were murdered in Cuernavaca earlier this year, Sicilia has led caravans of protestors across Mexico to demand truth and justice and an end to the violence.

"Who is being held accountable?" he asked, complaining of a culture of impunity, and not just in Mexico. "Where is the money being laundered, and not just the drug money, but the money from other crimes? Money is the blood of the poor. We have 50,000 dead and 10,000 disappeared. The word to describe this would be 'demonic.' We are all responsible for these crimes against humanity because they are done by our governments," he said.

"If we were to put a human face on the suffering, it would be something we could not bear," Sicilia continued. "This is the image of our country: A six-year-old orphaned boy waiting for us on the road, holding a photo of his father, who had been killed and returned in a blanket. The face of that orphan is the face of our country. In a century when we talk of human rights, that is the tragedy."

The Mexico session wasn't the only place Sicilia made his voice heard. He also appeared before the crowd at a boisterous anti-drug war demonstration in MacArthur Park Thursday night and at the final plenary session of the conference. Then it was back to Mexico and the quest for peace and justice.

Los Angeles, CA
United States

Medical Marijuana Businesses Subject of Federal Tax Proposal Sponsored by Rep. Jared Polis

Marijuana businesses looking for help navigating the federal tax code are watching a congressional proposal sponsored by Colorado Rep. Jared Polis. Polis and other House members introduced legislation about medical marijuana. One of the bills would allow marijuana-related businesses to claim business deductions on their federal taxes. Currently the IRS does not permit marijuana-related business to claim business deductions.
Publication/Source: 
Greenfield Daily Reporter (IN)
URL: 
http://www.greenfieldreporter.com/view/story/589a297db7004f0b976148ab7fbfbdc0/CO--Marijuana-IRS/

Medical Marijuana Advocates Sue Federal Government Over Rescheduling Delay (Press Release)

For Immediate Release: May 23, 2011

Medical Marijuana Advocates Sue Federal Government Over Rescheduling Delay/Writ filed today in DC Circuit Court for unreasonable delay in answering 9-year-old petition

*Washington, DC* -- A Coalition of advocacy groups and patients filed suit in the DC Circuit Court today to compel the Obama administration to answer a 9-year-old petition to reclassify medical marijuana. The Coalition for Rescheduling Cannabis (CRC) has never received an answer to its 2002 petition, despite a formal recommendation in 2006 from the Department of Health and Human Services (HHS) to the Drug Enforcement Administration (DEA), the final arbiter in the rescheduling process. As recently as July 2010, the DEA issued a 54-page "Position on Marijuana," but failed to even mention the pending CRC petition. Plaintiffs in the case include the CRC, Americans for Safe Access (ASA), Patients Out of Time, as well as individually named patients, one of whom is listed on the CRC petition but died in 2005.

"The federal government's strategy has been delay, delay, delay," said Joe Elford, Chief Counsel of ASA and lead counsel on the writ. "It is far past time for the government to answer our rescheduling petition, but unfortunately we've been forced to go to court in order to get resolution." The writ of mandamus filed today accuses the government of unreasonable delay in violation of the Administrative Procedures Act. A previous cannabis (marijuana) rescheduling petition filed in 1972 went unanswered for 22 years before being denied.

The writ argues that cannabis is not a dangerous drug and that ample evidence of its therapeutic value exists based on scientific studies in the US and around the world. "Despite numerous peer-reviewed scientific studies establishing that marijuana is effective" in treating numerous medical conditions, the government "continues to deprive seriously ill persons of this needed, and often life-saving therapy by maintaining marijuana as a Schedule I substance." The writ calls out the government for unlawfully failing to answer the petition despite an Inter-Agency Advisory issued by the Food and Drug Administration in 2006 and "almost five years after receiving a 41-page memorandum from HHS stating its scientific evaluation and recommendations."

The two largest physician groups in the country -- the American Medical Association <http://AmericansForSafeAccess.org/downloads/AMA_Report.pdf> and the American College of Physicians <http://www.acponline.org/advocacy/where_we_stand/other_issues/medmarijuana.pdf> -- have both called on the federal government to review marijuana's status as a Schedule I substance with no accepted medical use and a high potential for abuse. The National Cancer Institute, a part of the National Institutes of Health, added cannabis to its website earlier this year as a Complementary Alternative Medicine (CAM) and recognized that, "/Cannabis/ has been used for medicinal purposes for thousands of years prior to its current status as an illegal substance."

Medical marijuana has now been decriminalized in 16 states and the District of Columbia, and has an 80% approval rating among Americans according to several polls. In a 1988 ruling on a prior rescheduling petition, the DEA's own Administrative Law Judge Francis Young recommended in favor of reclassification stating that, "Marijuana, in its natural form, is one of the safest therapeutically active substances known to man."

A formal rejection of the CRC petition would enable the group to challenge in court the government's assertion that marijuana has no medical value. "Adhering to outdated public policy that ignores science has created a war zone for doctors and their patients who are seeking use cannabis therapeutics," said Steph Sherer, Executive Director of ASA and a plaintiff in the writ. Jon Gettman, who filed the rescheduling petition on behalf of the CRC added that, "The Obama Administration's refusal to act on this petition is an irresponsible stalling tactic."

A synthetic form of THC, the main chemical ingredient in the cannabis plant, is currently classified Schedule III for its use in a prescribed pill trademarked as Marinol®. The pill goes off-patent this year and companies vying to sell generic versions are petitioning the government to also reclassify the more economical, naturally-derived THC (from the plant) to Schedule III. The rescheduling process involves federal agencies such as the National Institute on Drug Abuse, HHS, and DEA. On average, it takes 6 months from HHS review to final action, whereas it's been nearly 5 years since HHS issued its recommendation on the CRC petition, more than twice as long as any other rescheduling petition reviewed since 2002.

Further information:

Writ filed today: http://AmericansForSafeAccess.org/downloads/CRC_Writ.pdf

ASA backgrounder on rescheduling:

http://AmericansForSafeAccess.org/downloads/Rescheduling_Backgrounder.pdf

CRC rescheduling petition:

http://www.drugscience.org/PDF/Petition_Final_2002.pdf

2006 HHS recommendation:

http://AmericansForSafeAccess.org/downloads/HHS_Rescheduling_Recommendation.pdf

2010 DEA Position on Marijuana:

http://www.justice.gov/dea/marijuana_position_july10.pdf

# # #

Do Your Friends Support Medical Marijuana? (Action Alert)

 

DPA Logo Reverse_76

 

Dear friends,

Chances are, your friends and family support medical marijuana. But they probably don't know that medical marijuana programs and patients around the country are under attack by the federal government right now.

We're counting on you to let them know about the attacks and tell them how to help stop them. Thanks to supporters like you, the Attorney General has already received 13,803 messages. Help us double that number by forwarding the message below.

Sincerely,

Ethan Nadelmann
Executive Director
Drug Policy Alliance

--------FORWARD THE MESSAGE BELOW--------

Hi,

Did you know that medical marijuana programs across the country are under threat? Even though the Obama administration promised to leave medical marijuana alone, in the past few months the federal government has been threatening state officials, warning them that they still have the power to arrest and prosecute people who are legally licensed to grow and sell medical marijuana.

This is just crazy, because the laws haven't changed! Really, just a few lawyers in the federal government have been sending these letters to states where medical marijuana programs are just getting off the ground, in an effort to stop them. This scare tactic already worked in Washington State, and we can't let it happen anywhere else.

To put an end to this intimidation, we don't need any laws changed – we just need the Attorney General to tell the people sending the threats to stop. Click here, and join me in asking Attorney General Holder to keep the Obama administration's promise to leave medical marijuana alone!

Mexico Drug Prohibition Baron Named 'World’s Most Wanted' After Osama's Death

Location: 
Mexico
Enriched by drug prohibition, Joaquin Guzman Loera reportedly possesses a personal fortune capable of rivalling Bill Gates and Warren Buffet. Loera is believed to be responsible for more deaths in the United States than bin Laden because of his drug transportation business and the inherent dangers associated with it created by prohibition.
Publication/Source: 
DailyIndia.com (FL)
URL: 
http://www.dailyindia.com/show/440356.php

Medical Marijuana Legislation Gets Another Shot in Washington State

Location: 
WA
United States
Washington medical marijuana advocates have been trying to pass a bill to allow marijuana dispensaries. Last month, Governor Chris Gregoire vetoed large parts of their bill. She said it would’ve put state workers in the position of violating federal law. Gregoire says she wants all the states that allow medical marijuana to petition the federal government to reclassify cannabis as a schedule II drug. She scheduled a conference call among those states Thursday.
Publication/Source: 
Oregon Public Broadcasting (OR)
URL: 
http://news.opb.org/article/medical-marijuana-legislation-gets-another-shot/

Colorado Rep. Jared Polis, Denver Attorney Give Their Take on Fed Pot Letter

Location: 
CO
United States
Colorado Rep. Jared Polis and Denver attorney Robert Corry spoke out this week against federal scare tactics they said were being used to create uncertainty in Colorado’s medical marijuana community. "I hope the Justice Department will respect the laws passed by the voters of Colorado and the rules propagated by our General Assembly...The Department should follow the principles it outlined in the Ogden memo: that those who are in clear compliance with state laws will not be raided. Colorado has the most robust regulatory structure in the country and our dispensaries are clearly operating under state law," said Rep. Polis. Robert Corry added, "This campaign of fear on the part of the Obama Administration is reprehensible, even more so given our own Colorado Attorney General (former U.S. Attorney)'s apparent alliance with the Obama Administration against Colorado’s citizens...The U.S. government should begin with prosecuting itself, specifically the Food and Drug Administration. Since 1978, the FDA has distributed medical marijuana to patients through the Compassionate Investigational New Drug Program."
Publication/Source: 
The Washington Independent (DC)
URL: 
http://washingtonindependent.com/108761/polis-denver-attorney-give-their-take-on-fed-pot-letter

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