State & Local Executive Branches

DrugSense FOCUS Alert #402 - Monday, 11 May 2009 Last Wednesday morning the readers of the The Sacramento Bee were treated to the front page article, below. Since then the press articles and editorial page content have been slowly increasing. The items can be accessed at http://www.mapinc.org/people/Schwarzenegger. The news clippings are worthy of letters to the editor. As this is sent the largest California newspaper, the Los Angeles Times, has not mentioned Governor Schwarzenegger' comments. Thus a message to the newspaper may also be appropriate. See http://drugsense.org/url/bc7El3Yo for contact details. ********************************************************************** GOVERNOR ASKS: WHAT IF POT'S LEGAL AND TAXED? As California struggles to find cash, Gov. Arnold Schwarzenegger said Tuesday it's time to study whether to legalize and tax marijuana for recreational use. The Republican governor did not support legalization - and the federal government still bans marijuana use - but advocates hailed the fact that Schwarzenegger endorsed studying a once-taboo political subject. "Well, I think it's not time for ( legalization ), but I think it's time for a debate," Schwarzenegger said. "I think all of those ideas of creating extra revenues, I'm always for an open debate on it. And I think we ought to study very carefully what other countries are doing that have legalized marijuana and other drugs, what effect did it have on those countries?" Schwarzenegger was at a fire safety event in Davis when he answered a question about a recent Field Poll showing 56 percent of registered voters support legalizing and taxing marijuana to raise revenue for cash-strapped California. Voters in 1996 authorized marijuana for medical purposes. Assemblyman Tom Ammiano, D-San Francisco, has written legislation to allow the legal sale of marijuana to adults 21 years and older for recreational use. His Assembly Bill 390 would charge cannibis wholesalers initial and annual flat fees, while retailers would pay $50 per ounce to the state. The proposal would ban cannibis near schools and prohibit smoking marijuana in public places. Marijuana legalization would raise an estimated $1.34 billion annually in tax revenue, according to a February estimate by the Board of Equalization. That amount could be offset by a reduction in cigarette or alcohol sales if consumers use marijuana as a substitute. Besides raising additional tax revenue, the state could save money on law enforcement costs, Ammiano believes. But he shelved the bill until next year because it remains controversial in the Capitol, according to his spokesman, Quintin Mecke. "We're certainly in full agreement with the governor," Mecke said. "I think it's a great opportunity. I think he's also being very realistic about understanding sort of the overall context, not only economically but otherwise." Schwarzenegger previously has shown a casual attitude toward marijuana. He was filmed smoking a joint in the 1977 film, "Pumping Iron." And he told the British version of GQ in 2007, "That is not a drug. It's a leaf." Spokesman Aaron McLear downplayed the governor's comment as a joke at the time. Even if California were to legalize marijuana, the state would hit a roadblock with the federal government, which prohibits its use. Ammiano hopes for a shift in federal policy, but President Barack Obama said in March he doesn't think legalization is a good strategy. Any study would find plenty of arguments, judging by responses Tuesday. Assemblyman Chuck DeVore, R-Irvine, said he's open to a study, but he remains opposed to legalization. He warned that society could bear significant burdens. He downplayed enforcement and incarceration savings because he believes drug courts are already effective in removing low-level offenders from the system. "Studies have shown there is impairment with marijuana use," DeVore said. "People can get paranoid, can lose some of their initiative to work, and we don't live in some idealized libertarian society where every person is responsible completely to himself. We live in a society where the cost of your poor decisions are borne by your fellow taxpayers." But Bruce Merkin of the Marijuana Policy Project said studies show alcohol has worse effects on users than marijuana in terms of addiction and long-term effects. His group believes marijuana should be regulated and taxed just like alcoholic beverages. "There are reams of scientific data that show marijuana is less harmful than alcohol," Merkin said. "Just look at the brain of an alcoholic. In an autopsy, you wouldn't need a microscope to see the damage. Marijuana doesn't do anything like that." Schwarzenegger said he would like to see results from Europe as part of a study. The Austrian parliament last year authorized cultivation of medical marijuana. But Schwarzenegger talked with a police officer in his hometown of Graz and found the liberalization was not fully supported, McLear said. "It could very well be that everyone is happy with that decision and then we could move to that," Schwarzenegger said. "If not, we shouldn't do it. But just because of raising revenues ... we have to be careful not to make mistakes at the same time." ********************************************************************** PLEASE SEND US A COPY OF YOUR LETTER Please post copies of your letters to the sent letter list ( [email protected] ) if you are subscribed. Subscribing to the Sent LTE list will help you to review other sent LTEs and perhaps come up with new ideas or approaches. To subscribe to the Sent LTE mailing list see http://www.mapinc.org/lists/index.htm#form Suggestions for writing LTEs are at our Media Activism Center http://www.mapinc.org/resource/#guides ********************************************************************** Prepared by: Richard Lake, Senior Editor www.mapinc.org === . DrugSense provides many services at no charge, but they are not free to produce. Your contributions make DrugSense and its Media Awareness Project (MAP) happen. Please donate today. Our secure Web server at http://www.drugsense.org/donate.htm accepts credit cards and Paypal. Or, mail your check or money order to: DrugSense 14252 Culver Drive #328 Irvine, CA 92604-0326 (800) 266 5759 . DrugSense is a 501c(3) non-profit organization dedicated to raising awareness about the expensive, ineffective, and destructive "War on Drugs." Donations are tax deductible to the extent provided by law.

For Immediate Release: March 23, 2009 Contact: Jennifer Carnig at 212.607.3363 or [email protected], Correctional Association Contacts: Caitlin Dunklee at 646-269-7344, Bob Gangi at 917-327-7648 Wednesday: Hundreds to Rally at Paterson’s NYC Office to End Rockefeller Drug Laws March 23, 2009 – On Wednesday, hundreds of people, including the families of those in prison for drug offenses, people who were formerly incarcerated, doctors, lawyers and advocates, will rally at Governor Paterson’s Manhattan office to urge him and legislative leaders to end the Rockefeller Drug Laws. The Rockefeller Drug Laws mandate extremely harsh sentences for sale or possession of small amounts of drugs. Most of the thousands of people incarcerated under Rockefeller are low-level drug offenders, and most come from just a handful of low-income New York City neighborhoods. Ninety percent are black or Latino even though most people who use and sell drugs are white. In 2002, Paterson, then a state senator, was arrested in an act of civil disobedience promoting a proposed overhaul of the Rockefeller Drug Laws outside of the New York City offices of then-Governor George Pataki. Now hundreds of people will gather outside his office to demand an end to the outdated, discriminatory laws. What: Rally to end New York’s Rockefeller Drug Laws When: Wednesday, March 25, 1 p.m. Where: Governor Paterson’s office, 633 3rd Ave., between 40th and 41st Who: The Rev. Calvin Butts, Abyssinian Baptist Church Drop the Rock New York Civil Liberties Union Correctional Association of New York Drug Policy Alliance The Fortune Society Exponents Mothers of the Disappeared Center for Community Alternatives Alcoholism and Substance Abuse Providers (ASAP) The Bronx Defenders Women’s Prison Association Families Rally for Emancipation and Empowerment (FREE) JusticeWorks Community - xxx -

For Immediate Release: November 7, 2008 For more info: Gabriel Sayegh at (646) 335-2264 or Tony Newman at (646) 335-5384 Gov. Paterson Announces $8.6 Million in Cuts to Drug Treatment in Response to Budget Crisis Advocates: Gov. Paterson Should be Doing the Opposite and Expanding Cost-Effective Treatment With Democrats in Control of Senate and Assembly, Gov. Paterson Should Keep His Pledge and Reform Draconian Rockefeller Drug Laws with Treatment to Save Lives and Money Health advocates and treatment providers were shocked to learn that New York Governor Paterson is cutting $8.6 million from its substance abuse programs in response to the state's current budget crisis. "This is penny wise and pound foolish and exactly the opposite of what the governor should be doing," said Howard Josepher, President of the Exponents treatment programs. "Treatment is less expensive and more effective than the lock-them-up strategy that costs taxpayers $29,000 per person to incarcerate someone with an addiction. Treatment also offers a better opportunity to prevent recidivism" The Rockefeller Drug Laws have been a miserable failure. These draconian laws have not delivered on their promise to rid our streets of drugs or keep people from using them, but they have drained New York of hundreds of millions of dollars and destroyed tens of thousands of lives. Treatment providers, family members, policy experts and newspaper editorials have been calling for change for years but have been stifled due to Republican control of the State Senate and the lack of leadership from Governors Pataki and Spitzer. When Gov. Paterson took over there was an expectation that there might be reform of these laws as the governor has been a long-time voice for change of the laws. "The time is right to move from away from inhumane, costly and ineffective mass incarceration to a health approach to our drug problems," said Gabriel Sayegh of the Drug Policy Alliance. "The Democrats have a majority of the Senate, Assembly and the Governorship. Helping people with drug problems get community based treatment instead of jail does not cost money, it saves money. The governor is in the difficult position of needing to cut programs and costs. Reforming the drug laws is a rare win-win: you can save hundreds of millions of dollars and help keep families together."

FOR IMMEDIATE RELEASE: October 8, 2008 Contact: Monica Hubert at 312-573-8214 Blagojevich signs law requiring new commission to study racial impact of IL drug laws Illinois incarcerates African-Americans at a rate 9 times greater than that of whites (Springfield)--On Friday, Gov. Rod Blagojevich approved legislation to create a new state commission that will study the impact of Illinois drug laws on minority communities. This measure addresses the findings of a 2007 study that showed African-Americans in Illinois were 9 times more likely to be incarcerated than whites, ranking Illinois 14th worst in the nation. "No legislature sets out to make a law that disproportionately imprisons a particular racial community, but I believe our laws here in Illinois do just that," said State Senator Mattie Hunter, chief sponsor of the bill creating the commission, Senate Bill 2476. "Now that there's a commission dedicated to examining the problem, legislators will have the opportunity to examine and right the wrong." The new commission--composed of legislators, members of the criminal justice system, social service agencies, and representatives from minority communities--is charged with examining the nature and extent of the harm caused to minority communities by disproportionate incarceration rates, and offering recommendations for legislation and policy changes to address the impact. "We now have the opportunity to render an informed judgment based on an empirical data analysis and not just intuition," said Pamela Rodriguez of the Center on Criminal Justice at TASC, who will assist the commission's study. "This study will thoroughly examine drug laws from the ground up and open doors for the creation of effective, fair drug policies." Creasie Finney Hairston, dean and professor at the Jane Addams College of Social Work at the University of Illinois at Chicago, who will also assist the commission's study, agrees with Rodriguez. "Illinois' policies have to change. Our legislators need a different, informed perspective. This study will provide the perspective needed to help establish laws that not only positively affect the well-being of minority families but address community safety as well." The Commission's report must be submitted to the Illinois General Assembly on or before December 31, 2009. The initial appointments to the commission included: - Judge Timothy Evans, chief judge of the Circuit Court of Cook County - Ed Burnett, Cook County Public Defender - Lori Levin, executive director of the Illinois Criminal Justice Information Authority - Terry Solomon, executive director of the Illinois African-American Family Commission SB2476 was co-sponsored in the Illinois House by State Representative Art Turner. The commission's operations will be managed by the Center on Criminal Justice at TASC and the Jane Addams College of Social Work at the University of Illinois at Chicago.

[Courtesy of Americans for Safe Access] Dear ASA Supporter, Right now, Governor Arnold Schwarzenegger is considering signing a bill into law that will protect the jobs of hundreds of thousands of medical cannabis patients in California. We cannot let this effort fail! Contact the Governor's office immediately to tell him he must sign AB 2279 into law! We've come a long way in protecting patients' rights to work. Assemblymember Mark Leno introduced AB2279 in February, and your phone calls, emails, and letters helped get the bill passed in both houses of the California Legislature. Now, the final step is the Governor's signature. He can either veto it or sign the bill, and he needs to hear from everyone in California, now more than ever before. It's up to you now to push past this final hurdle towards protecting patients' employment rights. Call the Governor and tell him how you feel. Tell him to sign AB 2279 and make it California law! When the California Supreme Court ruled in Ross v. Ragingwire that patients could be fired simply for using medical cannabis as allowed under California law, we knew we had to fight. We built support with the Service Workers International Union (SEIU) and the American Federation of State, County and Municipal Employees (AFSCME), which represent over one million California workers. We also enlisted the help of local Chambers of Commerce, HIV/AIDS advocacy organizations, and many other organizations that have taken a stand to ensure patients do not face workplace discrimination. There is no time to lose. The Governor is already hearing from lobbyists and big business who oppose AB2279. But if you think that medical cannabis patients should be allowed to hold jobs, we need you now! Visit ASA's action page to email the Governor's office and tell him that he must protect the jobs of workers in our communities. He MUST sign AB 2279 into law! Then, call his office at 916-445-2841 and say: "Hi, my name is [YOUR NAME], and I am asking that Governor Schwarzenegger sign AB 2279, the medical cannabis workers' rights bill into law. California is going through tough economic times, and right now hundreds of thousands working individuals can be fired just because of their status as legal medical cannabis patients. People with illnesses should be encouraged to work whenever possible. They should not risk discrimination because of their condition. Thank you." Thank you for all of your continued support, and for being the driving force behind this campaign. Sincerely, George Pappas Field Coordinator Americans for Safe Access P.S. For more information on AB 2279, visit: www.AmericansforSafeAccess.org/AB2279

MEDIA RELEASE Americans for Safe Access For Immediate Release: August 25, 2008 CA Attorney General Directs Law Enforcement on Medical Marijuana / Comprehensive recommendations include protection of dispensaries Sacramento, CA -- California Attorney General Jerry Brown issued long-awaited guidelines on medical marijuana today with support from advocates and law enforcement alike. The guidelines direct law enforcement on how to approach encounters with medical marijuana patients and establish a road map for local police policies. However, more significantly, the guidelines provide recommendations for operating medical marijuana dispensaries in accordance with state law. Specifically, the Attorney General states that, "a properly organized and operated collective or cooperative that dispenses medical marijuana through a storefront may be lawful under California law." The guidelines are the culmination of years of work by Americans for Safe Access (ASA) and other advocates to educate and urge action from the Attorney General and other state officials. "Today we stand beside the Attorney General of California in his effort to fully implement the state's medical marijuana law," said ASA Chief Counsel Joe Elford. "We welcome this leadership and expect that compliance with these guidelines will result in fewer unnecessary arrests, citations and seizures of medicine from qualified patients and their primary caregivers." The guidelines not only provide direction for patients and police, but also for lawyers, judges and public officials to better understand their rights, responsibilities, and obligations under state law. The guidelines firmly establish that as long as patients and caregivers are abiding by local and state laws, they "should be released" from police custody and "the marijuana should not be seized." In the event that medical marijuana is wrongfully seized from a patient or caregiver, and the court orders its return, the guidelines state that police "must return the property." Affirming that California's medical marijuana law is not preempted by federal law, the Attorney General further directs "state and local law enforcement officers [to] not arrest individuals or seize marijuana under federal law" when an individual's conduct is legal under state law. Contained within the guidelines is a controversial provision requiring medical marijuana dispensaries to operate on a not-for-profit basis. This interpretation of the law comes from California's Medical Marijuana Program Act (SB 420), passed by the legislature in 2003. However, while the voter-approved initiative Proposition 215, the Compassionate Use Act, references the need for a distribution system, no mention is made of for-profit status. In prior discussions with the Attorney General's office, ASA had strenuously objected to this provision of the guidelines. The guidelines come at a time of escalating interference by the federal government. The federal Drug Enforcement Administration (DEA) and Department of Justice continue in their attempts to undermine state law through ongoing investigations, raids, seizures, prosecutions, and imprisonment of medical marijuana patients and providers. In response, several California mayors, including Gavin Newsom and Ron Dellums, have voiced their opposition to House Judiciary Chair John Conyers (D-MI) and have called for oversight hearings. "It is now up to Congress and the new President to align federal policy with California and other medical cannabis states," said ASA spokesperson Kris Hermes. "It is time to resolve the federal-state conflict that serves only to undermine California and other states' sovereignty and inflict harm on seriously ill patients and their care providers." For further information: Guidelines issued today by the California Attorney General: http://www.AmericansForSafeAccess.org/downloads/AG_Guidelines.pdf Attorney General bulletin issued to all law enforcement after the 2005 U.S. Supreme Court decision in /Gonzales v. Raich/: http://www.AmericansForSafeAccess.org/downloads/AG_Raich_Bulletin2.pdf

Louisiana: Bill Requiring Voting Rights Notification Gets Thumbs Up from Local ACLU The ACLU of Louisiana has applauded Gov. Bobby Jindal's recent signing of a law that mandates the Department of Public Safety and Corrections to notify people leaving its supervision about the process of regaining their voting rights. The law, which goes into effect August 15, also requires the Department to provide returning citizens with voter registration applications. "By requiring notice of voting rights reinstatement to those completing their felony sentences, the Louisiana legislature and Gov. Jindal have taken an important step towards ensuring that all of Louisiana's eligible voters can exercise their fundamental right to vote," said Marjorie Esman, Executive Director of the ACLU of Louisiana, which lobbied in favor of the bill. "The enactment of this legislation shows that the right to vote transcends partisan politics," Esman said. "This bill is about the strength of our democracy." Louisiana's current law bans nearly 100,000 citizens from voting until they have completed parole or probation. Thousands more are kept from the polls because they wrongly believe that they cannot regain their right to vote, according to the ACLU. "The ACLU of Louisiana will be working with Voice of the Ex-Offender (VOTE) to help ensure that the Department of Public Safety and Corrections implements the bill quickly and effectively," said Norris Henderson, VOTE's founder and director. - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information: e-mail -- [email protected], web: http://www.sentencingproject.org.

[Courtesy of Denver 420 Coalition] [Denver] -- Congratulations to the Denver Police Department and the Mayor's Office for accomplishing a "low priority" event at the 4/20 Rally in Civic Center Park this year. 4/20 is International Cannabis Day, celebrated by millions of people throughout the world. Every year on 4/20 at 4:20 pm, citizens worldwide gather together to celebrate their favorite plant. The Denver 4/20 Rally was the first 4/20 Rally to be held since the passage of a "lowest priority" law in 2007 that makes cannabis possession the "lowest priority" for law enforcement in the city of Denver. Denver citizens have been outspoken in favor of legalization of cannabis for adults. In addition to the lowest priority vote last year, they voted in 2005 to make small amounts of cannabis legal for adults and voted in 2006 to pass the same measure statewide. Despite these 3 votes, cannabis arrests have continued to rise. Participants of the 420 Rally in Civic Center Park were happy to see that the Denver Police were present, but not actively enforcing state laws against marijuana possession as they had in the past. The numbers are not yet finalized, but estimates are that only a handful of people experienced any interaction with law enforcement at all. Last year, there were over 100 police that made over 60 arrests. Perhaps this signals a change in policy for the Denver Police and arrests will continue to drop overall. Since opponents of cannabis relegalization are likely to be vocal in their opposition to the police standing by while thousands of people smoked cannabis openly, we are encouraging supporters of cannabis to contact the Denver Police, Mayor's Office and City Council and to say THANK YOU for making marijuana law enforcement a low priority on 4/20/08 in Civic Center Park. Also tell them that they hope they maintain the same non-confrontational tactics when thousands of protesters converge on Denver for the Democratic National Convention, Aug. 25-28, 2008. Denver Police Department Internal Affairs Division (handles compliments and complaints) 720-913-6019 Click below to fill out an online ommendation form: ttp://www.denvergov.org/OIM/ComplaintCommendationForm/OnlineComplaintCommendationForm/tabid/425496/Default.aspx Denver Mayor John Hickenlooper Phone: 720-865-9000 (Denver 311) Ask for the Mayor's Office E-mail: [email protected] Website: www.denvergov.org/mayor Denver City Council Phone: 720-865-9534 Email: [email protected] Website: www.denvergov.org/CityCouncil *************************************************************************** Presented as a Public Service by the: Denver 420 Coalition Promoting Cannabis-related Tourism in Denver and Colorado http://www.denver420.com/ *************************************************************************** VIDEOS Vflog video http://www.youtube.com/watch?v=J6XqSzjL7_E CapnCannabis Video http://www.youtube.com/watch?v=w3X1Mavc63s