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Press Release: Illinois Commission to Study Racial Impact of Drug Laws

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.

Urge Governor Schwarzenegger to Protect Patients' Employment Rights

[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

Press Release: CA Attorney General Directs Law Enforcement on Medical Marijuana

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

The Sentencing Project: Disenfranchisement News/Updates 7/18/08

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.

PRESS CONFERENCE RESCHEDULED: Medical Marijuana Advocates Refute Law Enforcement


MEDIA ADVISORY
APRIL 28, 2008

UPDATE: TIME CHANGE FOR PRESS CONFERENCE
Medical Marijuana Advocates Offer Point-by-Point Refutations of Law Enforcement
Press Conference at 1 p.m. Tues. Will Also Feature Latest TV Ad Urging Governor to Allow Passage of the Medical Marijuana Bill 

CONTACT: Neal Levine, MPP director of state campaigns, (612) 424-7001

MINNEAPOLIS -- A press conference Tuesday will highlight false and misleading statements made by certain aspects of the law enforcement community during testimony before the legislature, as well as to the press, in an attempt to derail a bill that would protect seriously ill Minnesotans from arrest who use medical marijuana with a doctor's recommendation.

    Advocates will also unveil their latest TV ad urging the governor not to veto the bill as he has threatened to if it passes in the House.

    WHAT: Press conference refuting misleading-to-outright false statements made by certain aspects of the law enforcement community who oppose Minnesota's medical marijuana bill.

    WHO: Scheduled press conference participants include:

        * Neal Levine, Marijuana Policy Project director of state campaigns

        * KK Forss, an Ely photographer who suffers constant debilitating pain caused by a ruptured disk in his neck and nerve damage from subsequent surgeries and who is featured in the TV ad.

    WHEN: Tuesday, April 29, 1 p.m. Note: This is a change from the prior advisory.

    WHERE: State Office Building, Room 181

    With more than 23,000 members and 180,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. For more information, please visit www.MarijuanaPolicy.org.

####

Say "Thank You" : Denver Police Realize Lowest Priority for Cannabis Enforcement

[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

Iowa Gov. Signs Nation's First Racial Impact Sentencing Bill

[Courtesy of The Sentencing Project] Dear Friends, Less than one year after a national report found Iowa prisons and jails maintain the highest rate of racial disparity in the nation, Governor Chet Culver yesterday signed legislation requiring examination of the racial and ethnic impact of all new sentencing laws prior to passage. "Iowa's aggressive attempt to address racial and ethnic disparity can jumpstart a movement for fairness around the nation," said Marc Mauer, Executive Director of The Sentencing Project and co-author of the report that helped instigate the legislative response. Passage of the Minority Impact Statement Bill provides a means for legislators to anticipate any unwarranted disparities and enables them to consider alternative policies to accomplish the goals of legislation without causing undue negative effects on public safety. High rates of incarceration among people of color signal a failure to address social and economic problems within communities and can indicate bias within the justice system. The consequences for communities are disproportionate rates of voter disenfranchisement, unemployment, and disassociation among its citizens. Representative Wayne Ford (D- Des Moines) authored the legislation, House File 2393, which garnered broad bipartisan support when passed by Iowa's House and Senate. In a statement he said, "I believe that we need to be tough on crime, but we must also make sure that our laws are fair and equitable." In July, The Sentencing Project released its report, Uneven Justice: State Rates of Incarceration by Race and Ethnicity, which found that Iowa incarcerates blacks at a rate 13 times that of whites, more than double the national average. Iowa is the first state to pass legislation examining the racial and ethnic impact of new criminal justice policies. Bills to enact minority impact statements are also pending in Connecticut and Illinois. Last year, Oregon was the first state to introduce similar legislation. For more information, visit the Governor's Web site.

Press Release: Advocates Demand Effective Overdose Legislation to Deal with Epidemic

[Courtesy of Drug Policy Alliance] For Immediate Release: April 7, 2008 For More Info: Gabriel Sayegh, tel: 646-335-2264 or Tony Newman, tel: 646-335-5384 New York Overdose Epidemic: More People Die from Accidental Overdose than Homicides Public Heath Advocates, Community Groups Travel to Albany on Tuesday to Demand Effective Overdose Legislation Nearly 1,000 Flowers—One Flower for Every Accidental Overdose Death in NYC —to be Delivered to Gov. Paterson’s Office at 1 p.m., April 8 On Tuesday, April 8, the Drug Policy Alliance, Harm Reduction Coalition, New York City AIDS Housing Network, Voices of Community Advocates and Leaders, and advocates from around the state will travel to Albany to demand effective overdose legislation and public health policies for drug user health in New York. There is an overdose epidemic across the country and in New York State. In New York City alone, nearly 1,000 people died of accidental drug overdose in 2006, making it the fourth leading cause of death among adults after heart disease, cancer and AIDS. More people die of overdose than homicides in New York City. At 11 a.m., advocates will gather at Emmanuel Baptist Church for a strategy meeting and inspirational talk by Senator Tom Duane and Humberto Cruz, Exec. Director of NYS AIDS Institute. At 1 p.m., the coalition will make a special delivery to Gov. David Paterson’s office—one flower for every accidental overdose death in New York City. Nearly 1,000 flowers will be delivered. Many accidental drug overdoses in New York are preventable. Most people hesitate to call 911 because they fear getting arrested for illicit drugs. Assembly Bill 8740, the 911 Good Samaritan Bill, will save lives in New York by allowing people to call 911 to save a life without fear of being arrested. Additionally, the Expanded Syringe Access Program (ESAP), passed by the NYS Legislature in 2000, amended the Public Health Law to make possession of clean syringes legal. However, New York State Penal Law still states that possession of a clean syringe is a Class A misdemeanor, and many clients are arrested around syringe exchange programs—for possession of syringes. Advocates will call on legislators to remove syringes from the penal code to encourage injection drug users to access clean syringes to reduce HIV/AIDS without fear of arrest. What: Statewide Meeting and Lobby Day to Reduce Accidental Drug Overdoses When: Tuesday, April 8th 11:00 A.M. Where: Meeting at Emmanuel Baptist Church 275 State Street, Albany, NY Who: Advocates, with special comments by Senator Tom Duane and Humberto Cruz, NYS AIDS Institute Director Action: Flower Delivery to Gov. Paterson to symbolize overdose deaths in New York: 1:00 p.m. at the Executive Chamber

Press Release: Governor Spitzer Proposes Tax Stamp on Illegal Drugs - Statement from Ethan Nadelmann of DPA

[Courtesy of Drug Policy Alliance] For Immediate Release: January 23, 2008 For More Info: Tony Newman (646) 335-5384 or Ethan Nadelmann (646) 335-2240 Governor Spitzer Proposes Tax Stamp on Illegal Drugs Statement from Ethan Nadelmann, Executive Director of the Drug Policy Alliance “I have my doubts regarding Gov. Eliot Spitzer's proposed bill to require all marijuana and other controlled substances in the state to have a tax stamp. “On the one hand, it seems perfectly reasonable to require people and businesses to pay taxes on the revenue earned from selling products of any sort, whether they are legal or illegal. Indeed, in the dozen states where marijuana has been legalized for medical purposes, many of those who sell marijuana to patients are willing and even eager to pay taxes on their revenue. “On the other hand, these tax stamp bills and laws smack of the gratuitous piling on of punitive sanctions that permeates the overall drug war. The United States already locks up people who violate the drug laws more readily, more frequently and for longer periods of time than in almost any other country – at a national cost of tens of billions of dollars per year. We also subject drug law violators to civil and criminal asset forfeiture and deprive them of all sorts of rights and privileges after they have served their sentences - - to an extent far greater than in almost any other country. More than half a million people come out of prison each year but face daunting prospects getting a fresh start, in part because they are obliged to pay fines – like this tax stamp – that end up causing far more harm than good. “The Governor could accomplish far greater tax savings for New York taxpayers if he would move forward on his campaign commitments regarding reform of the Rockefeller drug laws. The modest reforms of 2004 and 2005 already have saved the state tens of millions of dollars – but far greater savings could be attained, with no risk to public safety, if he were to support the drug law reforms passed by the Assembly in recent years. “And, quite frankly, New Yorkers would most benefit from a serious proposal to tax, control and regulate marijuana more or less like alcohol is today. Even though New York decriminalized marijuana possession in the 1970s, it still arrests people for that offense more frequently than most states that never decriminalized it. New Yorkers spend many tens of millions of dollars per year for this foolish excess, when instead the state could earn even greater amounts from taxing this ever popular consumer product. Overall consumption would likely rise only modestly given the widespread and easy availability of marijuana today notwithstanding its illegality. Virtually all New Yorkers – both those who like marijuana and those who have no interest in it – would benefit.”

Press Release: Medical Marijuana Law Needs Fixing

[Courtesy of Iowans for Medical Marijuana]

FOR IMMEDIATE RELEASE: December 8, 2007

CONTACT: Carl Olsen Iowans for Medical Marijuana (515) 288-5798

Dear Governor Richardson,

In your press release dated August 17, 2007, you vowed to fight the federal intimidation efforts, and use every state resource to fully implement the state law making medical marijuana legal for the most seriously ill patients. We think it is inconsistent that New Mexico state law continues to classify marijuana as a schedule I controlled substance, N.M. Stat. Ann. § 30-31-5(A)(2) (2007), with no accepted medical use in treatment in the United States.

Although federal law currently classifies marijuana as a schedule I controlled substance with no accepted medical use in treatment in the United States, the actual determination of whether marijuana has accepted medical use is specifically reserved to the states under the federal Controlled Substances Act of 1970 (CSA) (21 U.S.C. §§ 801 et seq.). This is clear from the recent decision by the United States Supreme Court in Gonzales v. Oregon, 546 U.S. 243 (2006).

Gonzales v. Oregon, 546 U.S. 243, 250 (2006) (referring to 21 U.S.C. § 903):

"No provision of this subchapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which that provision operates . . . to the exclusion of any State law on the same subject matter which would otherwise be within the authority of the State, unless there is a positive conflict between that provision . . . and that State law so that the two cannot consistently stand together." § 903.

Gonzales v. Oregon, 546 U.S. 243, 269-270 (2006):

In deciding whether the CSA can be read as prohibiting physician-assisted suicide, we look to the statute's text and design. The statute and our case law amply support the conclusion that Congress regulates medical practice insofar as it bars doctors from using their prescription-writing powers as a means to engage in illicit drug dealing and trafficking as conventionally understood. Beyond this, however, the statute manifests no intent to regulate the practice of medicine generally. The silence is understandable given the structure and limitations of federalism, which allow the States "great latitude under their police powers to legislate as to the protection of the lives, limbs, health, comfort, and quiet of all persons." (Citations omitted).

United States v. Oakland Cannabis Buyers' Cooperative, 532 U.S. 483, 492 (2001):

The Attorney General can include a drug in schedule I only if the drug "has no currently accepted medical use in treatment in the United States," "has a high potential for abuse," and has "a lack of accepted safety for use . . . under medical supervision." §§ 812(b)(1)(A)-(C). Under the statute, the Attorney General could not put marijuana into schedule I if marijuana had any accepted medical use.

Although New Mexico Senate Bill 523, effective July 1, 2007, now includes marijuana in both schedule I and schedule II of New Mexico's state version of the Uniform Controlled Substances Act, the question that we have for New Mexico is why New Mexico's version of the Uniform Controlled Substances Act continues to list marijuana as a schedule I controlled substance, N.M. Stat. Ann. § 30-31-6 (2007), which has "no accepted medical use in treatment in the United States", N.M. Stat. Ann. § 30-31-5 (2007). Under both New Mexico and federal law, the criteria for placing a substance in schedule I is "no accepted medical use in treatment in the United States".

We fear that this inconsistency is going to cause problems for patients in New Mexico who are attempting to comply with the Lynn and Erin Compassionate Use Act, N.M. Stat. Ann. § 30-31C-1 (2007), as amended by New Mexico Senate Bill 523, effective July 1, 2007.

Carl Olsen, George McMahon, Barbara Douglass

Directors of Iowans for Medical Marijuana (http://www.iowamedicalmarijuana.org/)

Members of the Board for Patients Out of Time (http://www.medicalcannabis.com/)

Petitioners in The Federal Marijuana Rescheduling Petition (http://www.drugscience.org/)