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Press Release: State Bill Protects Employment Rights of Medical Marijuana Patients
The Fifth National Clinical Conference on Cannabis Therapeutics: Re-Entering Mainstream Medicine
HaRdCOREhARMREdUCER: DrugWarLog February 1-21, 2008
Drug Truth Update 02/21/08
Urge Your Legislator to Oppose DEA Medical Marijuana Raids -- Support SJR 20
U.N. Committee to Review Racial Injustice in U.S.
[Courtesy of The Sentencing Project]
Beginning today, the United Nations' Committee on the Elimination of Racial Discrimination will hold hearings in Geneva, Switzerland, to review racial inequities in the United States, including disparities in criminal sentencing.
The Sentencing Project submitted a report to the Committee in December in preparation for this week's hearings. The national criminal justice reform organization called upon the Committee to hold the U.S. government accountable for failing to ensure equality before the law. Notably, its report argues that the racially disparate impact of federal cocaine sentencing laws violate requirements of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), to which the U.S. is a signatory.
"The U.S. Government's harsh sentencing policy for low-level crack cocaine offenses has unfairly incarcerated a disproportionate number of African American citizens in federal prisons," said Ryan S. King, Policy Analyst at The Sentencing Project and co-author of its report to the Committee. "No other drug is punished as severely under federal law and no other law has done more to create racial disparity within federal prisons."
Under current law it takes 100 times the quantity of powder cocaine to trigger the same mandatory minimum sentence as crack cocaine. The result of this penalty differential is that the average federal crack cocaine sentence is more than three years longer than a conviction for a powder cocaine offense. This policy has had a catastrophic impact on the African American community because more than 80% of persons convicted of a federal crack cocaine offense are black, despite the fact that two-thirds of regular crack cocaine users are white or Latino. Meanwhile, only 27% of defendants convicted of powder cocaine offenses are African American.
The Committee will question representatives of the U.S. government Thursday and Friday in Geneva and offer concluding observations, including recommended reforms, in early March.
The Sentencing Project's report, Racial Disparities in Criminal Court Processing in the United States, offers input regarding the nation's compliance, and the need to reform current criminal justice practices.
It states that mandatory minimum sentencing practices, the result of 30 years of legislative policies that limit judicial discretion, have increased prosecutors' authority, greatly increased the length of imprisonment in many cases, and had a profound impact on African American and Latino communities.
Recommendations by The Sentencing Project urge that:
- The United States government should take steps to end all mandatory sentencing practices, returning sentencing discretion to judges;
- The United States government should amend penalties for crack cocaine to be equivalent with those for powder cocaine, at the current quantity threshold of powder cocaine; and
- The United States government should require the preparation of racial/ethnic impact statements to be submitted in conjunction with all sentencing and corrections legislation anticipated to effect measurable change on the incarcerated population.
This week's hearings occur during a time of unprecedented momentum for federal sentencing reform. In late 2007, the U.S. Sentencing Commission amended the federal sentencing guidelines to reduce the sentence length for certain individuals convicted of a crack cocaine offense and voted unanimously to apply this reform retroactively. The U.S. Supreme Court also ruled in December that federal judges should be able to consider the impact of the 100-to-1 disparity when deciding a defendant's sentence. Finally, there are currently seven bills that have been introduced in Congress that would address federal cocaine sentencing, and the Senate and House have scheduled hearings on the issue this month.
This report to the CERD was prepared in conjunction with the National Association of Criminal Defense Lawyers and is available by clicking here.
The Institute @ HRC [NY] Now Accepting Spring 2008 Training Proposals
Prisons Foundation: Three upcoming events of interest (Two of them Free)
Different lipstick, same old pig
[Courtesy of Marijuana Policy Project]Â
âDifferent lipstick, same old pig.â
That was the title of a Las Vegas Review-Journal editorial on Monday, referring to a quote by MPPâs Neal Levine, who was artfully characterizing the unconstitutional ballot initiative law in Nevada that weâre going to overturn.
Last week, MPP and the ACLU filed a lawsuit against the Nevada government to overturn its unconstitutional law, which requires signatures from voters in all of the stateâs 17 counties in order to qualify a measure for the statewide ballot.
This is the second time MPP has sued the Nevada state government over the very same issue. We won in 2004, and weâre going to win this time, too, and the Nevada government is going to have to pay our legal fees in full â again.
In addition to the editorial in the Las Vegas Review-Journal, one of the stateâs biggest newspapers, a columnist for the Las Vegas Sun also weighed in on the situation.
Because MPP plans to run another ballot initiative campaign to tax and regulate marijuana like alcohol in Nevada in a few years, itâs vitally important that Nevadaâs ballot initiative law not be overly burdensome.
The previous law we overturned in 2004 â which required signatures from voters in 13 of Nevadaâs 17 counties â was correctly thrown out by a federal court as a violation of the âone man, one voteâ rule. And the new law â which MPPâs Neal Levine told the Las Vegas Review-Journal was âa different shade of lipstick on the same old pigâ â also violates the âone man, one voteâ rule.
Weâre so sure weâre going to win this lawsuit â and get our legal fees reimbursed by the incompetent Nevada government â that Iâm not even going to ask you to donate money to help pay for it.
However, I hope youâll consider joining our monthly credit card pledge program â even with just $5 or $10 per month â in order to support our other 2008 projects.
Thank you, as always, for supporting MPPâs work.
Sincerely,
Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.
P.S. As I've mentioned in previous alerts, a major philanthropist has committed to match the first $3.0 million that MPP can raise from the rest of the planet in 2008. This means that your monthly pledge will be doubled.
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