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In The Trenches

Press Release: State Bill Protects Employment Rights of Medical Marijuana Patients

[Courtesy of Americans for Safe Access] For Immediate Release: February 21, 2008 Contact: ASA Media Liaison Kris Hermes (510) 681-6361 or ASA Chief of Staff Rebecca Saltzman (510) 251-1856 x308 State Bill Introduced Yesterday Protects Employment Rights of Medical Marijuana Patients AB 2279 would reverse the State Supreme Court in Ross v. Raging Wire Sacramento, CA -- Assemblymember Mark Leno (D-San Francisco) and several co-authors introduced a bill yesterday that would protect the rights of hundreds of thousands of medical marijuana patients in California from employment discrimination. The bill leaves intact existing state law prohibiting medical marijuana consumption at the workplace and protects employers from liability by carving out an exception for safety-sensitive positions. The employment rights bill, which is being co-authored by Assemblymembers Patty Berg (D-Eureka), Loni Hancock (D-Berkeley) and Lori Saldaña (D-San Diego), is in response to a January decision by the California Supreme Court in Ross v. RagingWire. National medical marijuana advocacy group Americans for Safe Access (ASA) argued the case before the court and is now a sponsor of the bill. "The California Supreme Court decision said that an employer may fire someone solely because they use medical marijuana outside the workplace," said Assemblymember Leno. "Long ago, the legislature prohibited patient use of medical cannabis in the workplace or during working hours," continued Leno. "AB 2279 is merely an affirmation of the intent of the voters and the legislature that medical marijuana patents need not be unemployed to benefit from their medicine." On January 24, in a 5-2 decision, the California Supreme Court upheld the lower court's ruling that denied qualified patients a remedy from employment discrimination, based either on their status as a patient or a positive test for marijuana. The plaintiff in the case, Gary Ross, is a 46-year old disabled veteran who was a systems engineer living Carmichael, California, when he was fired from his job in 2001 at RagingWire Telecommunications for testing positive for marijuana. "It's important that we not allow wholesale employment discrimination in California," said former plaintiff Gary Ross. "If the court is going to ignore the need for protection, then it's up to the legislature to ensure that productive workers like me are free from discrimination." The decision in Ross v. RagingWire closed the door on redress through the courts, shifting the debate to the state legislature. California is not alone in its attempt to affirm employment protections for medical marijuana patients. Both Oregon and Hawaii have introduced similar legislation aimed at clarifying the intent of the state legislatures. This recent multi-state effort builds on existing legislation adopted in ten out of twelve medical marijuana states, including California, which already sought to protect patients from employment discrimination. "We welcome and strongly endorse this clarification from the legislature," said ASA spokesperson Kris Hermes. "Despite the ill-conceived ruling by the California Supreme Court, the intent of state legislatures has been to recognize the civil rights of patients and to offer them reasonable protections." Before the court made its final decision, Ross enjoyed the support of ten state and national medical organizations, all of the original co-authors of the Medical Marijuana Program Act (SB 420), and disability rights groups. Since it began recording instances of employment discrimination in 2005, ASA has received hundreds of such reports from all across California. Employers that have either fired patients from their job, threatened them with termination, or denied them employment because of patient status or because of a positive test for marijuana, include Costco Wholesale, UPS, Foster Farms Dairy, DirecTV, the San Joaquin Courier, Power Auto Group, as well as several construction companies, hospitals, and various trade union employers. Further information: Employment rights legislation introduced yesterday: http://safeaccessnow.org/downloads/AB2279.pdf California Supreme Court decision in Ross v. RagingWire: http://www.safeaccessnow.org/downloads/Ross_Ruling.pdf Review legal briefs and more about the Ross v. RagingWire case here: http://www.safeaccessnow.org/Ross # # #
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In The Trenches

HaRdCOREhARMREdUCER: DrugWarLog February 1-21, 2008

[Courtesy of HaRdCOREhARMREdUCER] Thai AIDS Treatment Action Group (TTAG) Press Release http://hardcoreharmreducer.blogspot.com/2008/02/thai-aids-treatment-action-group-ttag.html INPUD Director Stijn Goossens (Belgium) Invited by UNAIDS for High-Level Meeting on AIDS http://hardcoreharmreducer.blogspot.com/2008/02/inpud-director-invited-for-high-level.html Collega Stimson (IHRA) http://artcoreharmreducer.blogspot.com/2008/02/collega-stimson-ihra.html HaRdCOREhARMREdUCER http://artcoreharmreducer.blogspot.com/2008/02/hardcoreharmreducer.html INPUD Newsletter, 21 February 2008 http://hardcoreharmreducer.blogspot.com/2008/02/inpud-newsletter-21-february-2008.html 10th International Hepatitis C Conference 2008 (Registration now open) http://artcoreharmreducer.blogspot.com/2008/02/10th-international-hepatitis-c.html Moscow AIDS Conference Blocks Drug Treatment Patients, Groups Charge http://hardcoreharmreducer.blogspot.com/2008/02/moscow-aids-conference-blocks-drug.html The Goa Declaration (INPUD Asia and the Pacific Region) http://hardcoreharmreducer.blogspot.com/2008/02/goa-declaration-inpud-asia-and-pacific.html European Commission; Final Report on the EU Civil Society Forum on Drugs (13-14/12/2007) http://hardcoreharmreducer.blogspot.com/2008/02/european-commission-final-report-on-eu.html INPUD Director Stijn Goossens Nominated For United Nations Civil Society Task Force http://hardcoreharmreducer.blogspot.com/2008/02/inpud-director-stijn-goossens-nominated.html Old School INPUD In Vancouver http://artcoreharmreducer.blogspot.com/2008/02/old-school-inpud-in-vancouver.html Milena & Lucca http://artcoreharmreducer.blogspot.com/2008/02/milena-lucca.html Napalm Death : SCUM http://artcoreharmreducer.blogspot.com/2008/02/napalm-death-scum.html Debate Battle: HaRdCOREhARMREdUCER vs Luc Beaucourt http://artcoreharmreducer.blogspot.com/2008/02/debate-battle-hardcoreharmreducer-vs.html Read Why Professor Luc Beaucourt Gets His Ass Kicked In Public Debate http://hardcoreharmreducer.blogspot.com/2008/02/professor-luc-beaucourt-makes-it-easy.html January 2008: Drug War Log & ArtCoreFromTheHardCore http://artcoreharmreducer.blogspot.com/2008/02/january-2008-drug-war-log.html UNAIDS Team, Asia Pacific: To review and revise laws that criminalize drug use http://hardcoreharmreducer.blogspot.com/2008/02/unaids-team-asia-pacific-to-review-and.html Don't give us false illusions of hope: injecting drug users http://hardcoreharmreducer.blogspot.com/2008/01/dont-give-us-false-illusions-of-hope.html All the best, HaRdCOREhARMREdUCER www.HaRdCOREhARMREdUCER.be www.HarmReduction.be www.HarmReduction.eu www.Inpud.org DrugUsersNeverQuit -- DrugUsersNeverQuit www.Inpud.org www.HarmReduction.be (DrugWarLog) www.HarmReduction.eu (ArtCoreFromTheHardCore) www.HaRdCOREhARMREdUCER.be
In The Trenches

Drug Truth Update 02/21/08

The Unvarnished Truth About the Drug War From the Drug Truth Network:. (To downlad these 29:00 files, click on links below. To simply listen, go to www.drugtruth.net and select the arrow below the shows description.) Cultural Baggage for 02/20/08 Mark Bennett, incoming head of the Harris County Criminal Lawyers Association regarding the DA scandal, the jail scandal, the decades long waging of the drug war MP3 LINK: http://www.drugtruth.net/cms/?q=audio/download/1773/FDBCB_022008.mp3 TRANSCRIPT: (Will be posted late on 02/21/08) Century of Lies for 02/19/08 The top 12 most dangerous drugs, according to the Lancet and as produced by the BBC. MP3 Link: http://www.drugtruth.net/cms/?q=audio/download/1772/COL_021908.mp3 TRANSCRIPT: No Transcript of this show this week PLEASE NOTE: We now have transcripts, potcasts, searchability, CMS, XML, sorts by guest name and by organization. Next - Century of Lies on Tues, Cutural Baggage on Wed: - Cultural Baggage 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: TBD - Century of Lies 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: TBD Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org and at www.radio4all.net. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US and Canada. Programs produced at Pacifica Radio Station KPFT in Houston. www.kpft.org Check out our latest videos via www.youtube.com/fdbecker: More than 50 Drug Policy Videos online) Please become part of the solution, visit our website: www.endprohibition.org for links to the best of reform. "Prohibition is evil." - Reverend Dean Becker, Drug Truth Network Producer Dean Becker 713-849-6869 www.drugtruth.net
In The Trenches

Urge Your Legislator to Oppose DEA Medical Marijuana Raids -- Support SJR 20

[Courtesy of CA NORML] CAL: URGE YOUR LEGISLATOR TO OPPOSE DEA MEDICAL MARIJUANA RAIDS - SUPPORT SJR 20 See: http://capwiz.com/norml2/issues/alert/?alertid=10990366&type=ST&show_alert=1 California Senate Asks Feds to Cease Harassing Law Abiding Dispensaries! Urge Your Senator to Vote YES on SJR 20! NORML is pleased to announce that SJR 20, a resolution stating the Senate's opposition to the federal government's crackdown on local medical cannabis providers, has been introduced in the California State Senate and referred to the Senate Committee on Health. This resolution would reinforce the Senate's opposition to the Drug Enforcement Administration's raids on medical marijuana facilities that pay sales tax and comply with California law. If passed, the California State Senate will forward copies of this resolution to the President, Vice-President, Speaker of the House, and all California representatives and senators, urging them to respect California law. Please take a moment and write your state senator today asking him or her to support SJR 20. If your senator sits on the Senate Committee on Health, then it is even more imperative that he or she hears from you. For your convenience, a prewritten letter will be sent to your state senator when you enter your zip code below. Click on: http://capwiz.com/norml2/issues/alert/?alertid=10990366&type=ST&show_alert=1 -- California NORML, 2215-R Market St. #278, San Francisco CA 94114 -(415) 563- 5858 - www.canorml.org, http://www.canorml.org/.
In The Trenches

U.N. Committee to Review Racial Injustice in U.S.

[Courtesy of The Sentencing Project]

Dear Friends:

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.

 

In The Trenches

The Institute @ HRC [NY] Now Accepting Spring 2008 Training Proposals

[Courtesy of the Harm Reduction Coalition] Dear Friends of the Harm Reduction Coalition, This is to inform you that the Institute at the Harm Reduction Coalition (HRC) in New York City is currently accepting applications and training proposals for our Spring 2008 Training Calendar (April-June). If you would like to become an HRC trainer, please submit your training proposal(s) along with a resume and brief bio sketch. You may submit multiple proposals. We ask that applicants be very familiar with the types of trainings offered by HRC and that you keep your content clear and concise. You may visit www.harmreduction.org for a list of current and previous trainings offered by the Institute. The deadline for applications for the Spring 2008 Training Calendar is no later than Friday, March 14, 2008. Please submit your proposals by email to [email protected] or fax to the attention of Stephen Crowe at (212) 213-6582. *Note: This is NOT a call for submissions for the 2008 HRC Conference. You may download the application by cutting and pasting this link into your web browser if clicking on it does not work: http://www.harmreduction.org/Spring2008NYTrainingProposal We look forward to hearing from you! Best, Stephen Crowe Assistant Training Coordinator Harm Reduction Coalition
In The Trenches

Prisons Foundation: Three upcoming events of interest (Two of them Free)

[Courtesy of Prisons Foundation] It's time to get out of the house (if you're a member of congress), or the office (if you're a justice advocate), or the street (if you're a justice activist), and start networking with like-minded movers and shakers. 1. Concert for Prison Musicians featuring Lamont Carey of "The Wire," Friday, February 22, 7pm Come to the always-jumping Potter's House,1658 Columbia Rd, NW, Washington, DC, on Friday, February 22nd, 7:30pm to 10:30pm for a benefit concert to raise funds to purchase musical instruments for prisoners. Lamont Carey of "The Wire," ex-con jazz guitarist Dennis Sobin, Jim Dugan, Joe Shade and others will perform. There is a suggested donation of $5 to $15. Prison art will also be on view and available for purchase to help raise funds. Lamont Carey is a spoken word artist and actor who spent 11 years behind bars. He has made appearances in several stage plays, films and most recently the HBO hit series "The Wire." He has appeared three times on HBO's Def Poetry show and has published a collection of his poetry entitled "Why I Keep U A Secret." Dennis Sobin spent 10 years in state and federal prisons where he learned jazz and classical guitar. After being released in 2003, he cofounded the Prisons Foundation, which promotes the arts and education in prison. An accomplished guitarist with ten CDs to his credit, Dennis recently performed at the Kennedy Center. Jim Dugan's music has been used in various soundtracks for film and television. MusicMonthly.com in a review of Jim's CD "Marigold" said it was "Great music, great songs." Joe Shade is a performing singer and songwriter whose style and proficiency have been widely acclaimed. For further information, please call 202-393-1511 2. Free Justice Sunday reception featuring Prison Legal News experts, Sunday, March 30, 2pm You are cordially invited to attend a free reception at the Prison Art Gallery, 1600 K St NW, Washington, DC (three blocks from the White House) on Sunday, March 30, 2pm, for a talk by Paul Wright, Editor of Prison Legal News, and Alex Friedmann, Associate Editor. Both are accomplished legal writers, researchers and justice advocates who are recognized experts in the fields of prisoner rights, sentencing reform, and related justice topics. There will be a question and answer period following their presentation. This is a rare opportunity to get your legal questions answered by knowledgeable professionals who closely follow the latest trends and court decisions. Paul spent more than a decade in prison, where he began publishing Prisons Legal News. A monthly news journal, it is now the pre-eminent source of information about criminal justice and prison litigation. It is circulated and used by litigants in virtually every jail and prison in America. Paul will be bringing and signing copies of his new book, Prison Profiteers, a critical look at over-incarceration in America. Don't miss this rare opportunity to gain important knowledge and understanding from two professionals in the know. Refreshments will be served. For further information, please call 202-393-1511. 3. Free Workshop to become a mentor to imprisoned artists, Saturday, May 24, 10am to 4pm Attend a Free workshop on Saturday, May 24, 10am to 4pm at the Prison Art Gallery, 1600 K Street. NW, Washington, DC to become a mentor to imprisoned artists. Learn what it takes to work in a jail or prison to foster artistic development among inmates. You'll receive information and insights from experienced correctional officials as well as accomplished ex-prisoner artists. There will be a 15-minute break at 1pm for lunch, which will be provided. This is the approximate time that many inmates get to consume their meal (though you can continue to eat your meal as the workshop continues). The free lunch provided will be typical jail fare, nourishing and balanced though not necessarily gourmet. We believe that you will find the workshop enjoyable and beneficial. Whether you're looking for a one afternoon per month volunteer opportunity in a jail or prison, or a full-time paid career position, we believe that you will find this workshop a great door opener and a way to gain important skills and understanding. For further information, please email [email protected] or call 202-393-1511.
In The Trenches

Different lipstick, same old pig

[Courtesy of Marijuana Policy Project] 

“Different lipstick, same old pig.”

That was the title of a Las Vegas Review-Journal editorial on Monday, referring to a quote by MPP’s Neal Levine, who was artfully characterizing the unconstitutional ballot initiative law in Nevada that we’re 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 state’s 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 we’re going to win this time, too, and the Nevada government is going to have to pay our legal fees in full — again.

In addition to the editorial in the Las Vegas Review-Journal, one of the state’s 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, it’s vitally important that Nevada’s ballot initiative law not be overly burdensome.

The previous law we overturned in 2004 — which required signatures from voters in 13 of Nevada’s 17 counties — was correctly thrown out by a federal court as a violation of the “one man, one vote” rule. And the new law — which MPP’s Neal Levine told the Las Vegas Review-Journal was “a different shade of lipstick on the same old pig” — also violates the “one man, one vote” rule.

We’re so sure we’re going to win this lawsuit — and get our legal fees reimbursed by the incompetent Nevada government — that I’m not even going to ask you to donate money to help pay for it.

However, I hope you’ll consider joining our monthly credit card pledge program — even with just $5 or $10 per month — in order to support our other 2008 projects.

Thank you, as always, for supporting MPP’s work.

Sincerely,
Kampia signature (e-mail sized)
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.