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dedicated to victims of lifestyle police everywhere: We'll ransack your home, tear your family apart; Take your children away, and that's just a start. We'll take or destroy everything you hold dear,

Don't just pardon turkeys, President Bush!

We, the undersigned, ask you to save your legacy by releasing thousands of nonviolent drug offenders from federal prison before you leave office. Short of taking such a measure, you will be doomed to go down in history as a hypocrite. Unlike President Clinton, you cannot point to a record of mercy toward people caught in the criminal justice system. While the overall Clinton record in criminal justice was not lenient, he did commute the sentences of 63 people, most of them neither wealthy nor powerful, including 29 nonviolent drug offenders. You, by contrast, commuted only three prisoners' sentences prior to helping Scooter Libby, one every two years. You have pardoned four times as many Thanksgiving turkeys as people you've released from prison. Even worse, in 2003 your attorney general, John Ashcroft, issued guidelines requiring federal prosecutors to always seek the maximum possible amount of prison time for defendants, with only limited exceptions permitted. The measure we've called for will undoubtedly be controversial, but you will have defenders from across the political spectrum. Advocates will assist your staff in finding appropriate cases -- reopening cases you've previously rejected would give the project a good head start. Clemency petitions will undoubtedly start to pour in once you put the word out. You can answer critics by saying we need to redirect our resources toward national security instead. And it will be consistent with the sympathy you've expressed in the past, based on your personal experiences, for people who have struggled with substance abuse. In the nation that is the world's leading jailer, which incarcerates a far greater percentage of its population than any other nation yet calls itself "land of the free," the president who helps to reverse that pattern will ultimately be recognized for it. Indeed, the "tough-on-crime" laws that have led us to this situation were mainly enacted for political reasons. Please pardon or commute the sentences of thousands of nonviolent drug offenders; please rescind the aforementioned Ashcroft directive; renounce your support for the drug war (at least in its current form); and call on Congress to repeal mandatory minimum sentences and authorize downward revision of most federal sentencing guidelines. You have a year and a half left to prove that justice is for everyone -- not just for your friends. Will you rise to the occasion? History is watching.

Please click here to send a copy of this petition in your own name to President Bush, Vice-President Cheney, and your US Representative and Senators if you live in the US.

The House Judiciary Committee's Subcommittee on Crime, Terrorism, and Homeland Security will be holding oversight hearings tomorrow on the DEA's Regulation of Pain and Medicine. This is long overdue. Our position is that DEA is effectively causing the torture by denial of opiate medication of millions of pain patients around the country, by prosecuting doctors and thereby frightening other doctors into not being willing to prescribe them. See our topical archive on the issue for further information. Among the presenters to the committee tomorrow is our friend Siobhan Reynolds, head of the Pain Relief Network. She has posted the prepared version of her testimony here. The Judiciary Committee makes live video feeds of all hearings available on its home page here.

Maybe you've heard the story: Worker gets injured on the job. Employer, anticipating hefty workers compensation claims, administers drug test. Wouldn't you know it, injured employee tests positive for marijuana and is denied compensation due to presumed impairment.

Of course, since marijuana remains detectable for weeks after use, it is just wrong to presume that a positive result indicates impairment at the time of the accident. Still, many companies continue to fire injured employees for marijuana, rather than compensating them for on-the-job injuries that had nothing at all to do with their off-the-job marijuana consumption. It is a morally-reprehensible and scientifically-fraudulent practice, but one which serves the financial interests of its practitioners and thus continues.

Finally, for the first time that I know of, this sickening practice has been challenged successfully in court:

The Tennessee Supreme Court has ruled that a worker whose hand was crushed by machinery at his workplace was not to blame for the accident despite his admitted marijuana use off the job.

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The state law establishing the drug-free workplace program presumes that any injuries to an employee found to have been using drugs or alcohol were caused by the drug use. But the court noted that the law also allows employees to enter evidence to rebut that presumption.
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The co-worker and the shop foreman both testified that McIntosh didn't appear to be impaired by marijuana use before the accident.

McIntosh, who had worked at Interstate for five years, contended the injury was caused by the actions of an inexperienced employee. [Forbes]

So often in drug policy reform, we must celebrate victories of common sense that could be taken for granted if anti-drug hysteria had not permeated every aspect of our lives. How absurd is it that McIntosh even had to prove his lack of impairment? After all, it is perfectly clear and undeniable that a positive test for marijuana doesn’t prove impairment at all. There was never any evidence of impairment at any point throughout all of this, yet it had to be decided by the state's highest court.

While the Tennessee Supreme Court has certainly made the right decision here, one shudders to think how many marijuana users have been thrown to the dogs under identical circumstances. The premise that marijuana ruins lives – almost universally false though it is – somehow becomes a justification for profiteers seeking to validate the most despicable treatment of people who've used marijuana.

These events serve to remind us that prohibition is more than police, prisons and politics. It an idea – corrupt to its core – which infects everything, entering our schools and workplaces to spread false prejudice and obscure even the most obvious truths.