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Reportaje: Pequeños triunfos en intento de hacer que el Congreso prohíba allanamientos federales contra pacientes y proveedores de marihuana medicinal

El miércoles, la Cámara de los Diputados derrotó la enmienda Hinchey-Rohrabacher, que habría prohibido el uso de fondos federales para arrestar y procesar a pacientes y proveedores de marihuana medicinal en estados en que ella es legal. Los defensores ganaron apenas dos votos con relación al año pasado, provocando discusiones sobre lo que viene a continuación.
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Last Tuesday's Senate Judiciary Committee hearing

This hearing on Justice Dept. oversight turned out to be rather encouraging for sentencing reform. Sen. Jeff Sessions asked AG Gonzales about the Department's position on ending the crack/cocaine sentencing disparity. He said he would be happy to conference about it. When pressed he said he didn't think it should be changed. He then proceeded to make John Walters proud. Sen. Leahy was having none of it. He said we know where cocaine is. It's in the boardrooms, on the yachts and etc. He went on to state that cocaine users are more likely to be able to better defend themselves on charges. Gonzales couldn't say anything more. Seeing an Alabama Republican pose this question, and Leahy back him up was wonderful. The wheels certainly grind slowly, but they DO grind. I don't know where this will lead, but seeing it discussed by two prominent members on the committee even for a minute shows the prohibitionists propaganda fog is slowly lifting.
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Taking it to the Drug Warriors--Is It Time for Direct Action?

You know, a guy gets tired fighting for decades for the right to do something which should be our right anyway. Yeah, I know the litany: We've got to play the game...if you don't like the law, change it...the political process is slow...we can't be impatient...we have to educate politicians and cultivate law enforcement....blah blah blah. Well, in the face of the no-progress Hinchey-Rohrabacher vote and the continuing defiance of the will of California voters by the DEA, not to mention all the other drug war horrors, I'm prepared to once again make inciteful (if not insightful) calls for direct action against these downpressors. 1. Let's take the DEA's war on medical marijuana patients and providers to the DEA. Let's shut 'em down in California. Blockade their offices, and not for symbolic civil disobedience purposes, but for the actual purpose of disrupting their activities. 2. Let's really take it to the DEA. These black-suited, paramilitary-style goons presumably have homes in the area. I'd like to see protestors on the sidewalk in front of their houses. Ooh, but you say it's not polite or uncouth to do that sort of thing! Well, I frankly find DEA goons kicking down doors and arresting harmless people who didn't do anything to anybody pretty impolite and uncouth. Maybe they'll enjoy explaining to their neighbors (two out of three of whom voted for Prop 215) how they earn a living. These thugs need to pay a price for what they do, and I personally don't care if it offends the sensibilities of some of our more delicate members. And I don't buy their "I'm only following orders" excuse, either. It didn't fly at Nuremburg, and it shouldn't fly now. It's time for public shaming and shunning. 3. And maybe we should be focusing on a mass march aimed at national DEA headquarters one of these months. Again, the purpose would be practical--not symbolic--to shut the monster down. This is an agency that needs to be abolished, and until we can accomplish that, the least we can do it make it impossible for it to function properly. 3. More broadly, let's attack the snitch system that underpins the drug war. Last week, we did a newsbrief on the couple in Philadelphia indicted for posting flyers outing a snitch. They copied information from the Who's A Rat? web site, which is protected by the First Amendment. The folks in Philadelphia are charged with intimidating witnesses--by making public information about what they are doing--and I hope they fight that case all the way. Snitches have no right to have their exploits go unsung. In solidarity with the Philadelphia folks, and everyone who has suffered from drug war snitchery, I propose that DRCNet enter into a collaboration with Who's a Rat? by posting the information about one undercover officer (they list more than 400) or one snitch (they list over 4000) online each week. Personally, I would rather go after the narcs than the snitches, most of whom are victims themselves. ("You're gonna go to prison for 30 years and get raped by hardened cons if you don't give up the names..."). Snitches may be victims of circumstance (and a weak values system), but narcs do this horrid work for a living, either because they believe in or they like it. I want to see their names and mugs plastered across the internet. I don't suppose my boss will agree with me on this one, although I'd like to hear why not. 5. Police on a drug raid in Belfast this week were met by a rock-throwing mob. Mindful of the incitement statutes, I have no comment. Whaddya think, folks? I'm really, really tired of waiting for lamebrain politicians to protect me from these thugs. I guess I'm going to have to do it myself. With your help. More "responsible" members of our movement generally shy away from tactics like these. Let them be responsible. I want to fight back.
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Concerned citizens and snitches

The article in the latest Chronicle about two people being indicted on witness tampering charges for outing a snitch is very interesting. It seems that things have become so bad that law enforcement officials can't seem to be able distinguish between snitches and concerned citizens who want to see justice done. The difference is very simple. A snitch receives a benefit in return for their testimony and therefore has an incentive to lie. The concerned citizen is motivated by morals and the only benefit they receive is knowing they did the right thing.
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weed out the lying law makers

I am 45 a month before my 30th birthday I had a resection sugary because of crohns . i have dailly diareia 40 lbs under weight and i have used marijuana to help with my appitite and to relax me when my guts are pulling and turning I have had to explan to my kids why i have to associate with people that are what she called scum she is now 19 and understands but as a teenager she couldnt.
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Some Good Forfeiture News

Some good news on the forfeiture front, via TalkLeft: California's Supreme Court has found that city ordinances allowing the seizure and forfeiture of vehicles that police claim were used in the commission of minor crime's (including drug possession) are not authorized by state law, overturning a law passed by the city of Stockton. We'd rather they threw the law out because it's disproportionate and corrupting of police agencies, and because taking people's cars is theft. But we'll take it.
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Another Pain Doctor on the Ropes

Another pain physician, Dr. William Mangino, was convicted on trumped up charges equating his reasonable prescribing of opioid pain medications in the course of practicing medicine with illegal drug dealing. He is in jail pending sentencing, unless someone comes up with the $3,500 bail he needs to get out. Dr. Mangino is a writer and a thinker, and throughout his lengthy travail he has sent a copious amount of email to people who are interested in this problem, including myself -- not just about himself but commentary on the issue too, and on prosecutions brought against other doctors, much of it very detailed. It always makes me sad when these cases turn out badly (or when most drug cases turn out badly, for that matter), but the combination of the absence of his emails with the news itself has reinforced the reality of it for me. It probably won't be long, though, before he writes some things for us about this latest stage and someone gets it typed up and posted. Alex DeLuca has an update that includes some of the defense strategies for challenging the conviction (which include a Motion for a Directed Verdict of Not Guilty), the address for writing to Dr. Mangino in jail, and other information.
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My Representative Explains Why She Voted Against Hinchey-Rohrabacher

Although I'm sitting in British Columbia this month and will be in Northern California next month, I am registered to vote in South Dakota. My representative in Congress--South Dakota only has one congressperson--is Democrat Rep. Stephanie Herseth Sandlin. Elected in 2004 in an extremely tight race, she has consistently voted against Hinchey-Rohrabacher, which would stop the feds from arresting and prosecuting medical marijuana patients and providers in states where it is legal. I emailed and telephoned her office prior to the vote urging her to vote for Hinchey. Again this year, she voted against it. Here's her reason why:
July 27, 2007 Mr. Phillip Smith XXXXXXXXXXXXXXX Huron, SD 57350 Dear Phillip: Thank you for contacting me regarding the issue of medical marijuana. I appreciate hearing from you. As you may be aware, on July 25th, the House of Representatives again defeated an amendment that would have prevented federal enforcement of the Controlled Substances Act against medical marijuana users and providers in the states that have approved such use. I opposed the amendment. The U.S. Supreme Court has addressed the scope of federal authority to make and enforce laws regarding medical marijuana. The Supreme Court ruled that the U.S. Department of Justice can continue to enforce the federal Controlled Substances Act against medical marijuana use in states whose laws authorize medical marijuana use. The ruling does not strike down state laws approving such use, but permits the Department of Justice to continue enforcing federal laws regarding such use. Thank you again for contacting me. I will keep your thoughts in mind as issues related to medical marijuana use are discussed in Congress. Sincerely, Stephanie Herseth Sandlin
Basically, Herseth Sandlin is saying that illegal (under federal law) is illegal, and she's not about to get in the way of the DEA--even if it means allowing the agency to disrupt the lives of seriously ill people (whom she never even mentions). She does not bother to say where she stands on the issue of medical marijuana, only that the feds are allowed to enforce the law. As much as I disliker her reasoning and her vote, she has something of a point: If we don't like a law, we should get rid of it, not allow it to remain on the books but with no funding to enforce it. Now, I understand the political realities that lead to efforts like Hinchey-Rohrabacher: A bill to legalize medical marijuana at the federal level will go nowhere any time in the foreseeable future, and we want to do something NOW to stop these raids. But as my Blue Dog Democrat representative and her fellow "no" voters demonstrate, Hinchey-Rohrabacher doesn't seem to be going anywhere, either. Maybe it's time to drop the Hinchey effort and retarget. Is it better to push for the currently unobtainable--a federal medical marijuana law--or try to seek interim fixes like Hinchey? I don't have a good answer. All I know is I'm getting very frustrated playing this political game. Where's my "Don't Tread On Me" flag? I'll have some more suggestions tomorrow about where we can go from here, and they don't involve begging our political leaders to do it for us. Stay tuned.