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Resolution Calling on Dutch Government to Resolve the Contradictions in the Netherlands Cannabis Policy

Participants argued that the Netherlands, in cooperation with other nations, should aim to revise the current framework of international law in order to achieve a more credible and effective alternative that is not just based on repression for the existing cannabis policy at the national level. The signatories of this resolution, I. concluded that the current cannabis policy: A. is based on an outdated international law framework created in the 1960s which is not appropriate to tackle contemporary problems resulting in a stagnation of the development of just and effective policies; B. is being implemented by a policy of tolerance (“gedogen”) on the basis of a justified lenient interpretation of the current international law framework and that this policy of tolerance is a practical solution but at the same time temporary response which on the long term will discredit the credibility of public authorities; C. is inconsistent and difficult to explain to citizens because use and sale of small quantities are not prosecuted in practice while production and large scale distribution are still prosecuted; is also inconsistent with policies regarding substances with a similar health risk such as alcohol and tobacco; D. is ineffective in several aspects: despite positive facets such as the separation of markets between soft and hard drugs and the limited involvement of criminals in the retail market, other policy options such as legal possibilities to control the quality of cannabis (THC content and pollution) and other measures to reduce health risks are lacking in the current system, which is still facilitating significant illicit gains at the level of production and wholesale and is encouraging in-house cannabis growing; E. is causing considerable and unbalanced administrative and judicial burdens and continuous criticism of some countries and UN drug control agencies. II. concluded furthermore that: A. attempts by the Dutch parliament and local authorities to address the inconsistencies in the current tolerance policy – such as proposing to tolerate production of cannabis for the supply of coffee shops – have been rejected by subsequent national governments on account of incompatibility with international agreements; B. there is a need for an international debate to explore the possibilities for an international framework that allows more room for manoeuvre by national governments to execute a consistent policy; C. more and more countries feel the need to reformulate their policies to achieve better protection of public health and combat organized crime; D. cannabis is grown and commercialised worldwide and is used by over 170 million people, consequently the production and distribution is a common problem for the international community; E. the 10-year review of the 1998 United Nations General Assembly Special Session (UNGASS) on drugs and the Ministerial meeting in 2009 devoted to this evaluation, offer an excellent possibility to put the issue on the international agenda. III. urge the Dutch government to: A. start an international debate with other likeminded countries in order to work out a credible and effective alternative for the current policy on cannabis; B. promote actively with those likeminded countries the formulation of proposals that can be presented in the context of the upcoming UNGASS evaluation; C. provide for human and financial resources to implement these efforts; The Hague, 31 October 2007 signed by * Mr. A.A.M. van Agt, former Prime minister 1977-1982 * Dr. E. Borst-Eilers, ex-minister of Health, Welfare and Sport * Drs. A. Apostolou, former member of Parliament * Kathalijne Buitenweg, MEP GroenLinks * Mr. R. Dufour, president Stichting Drugsbeleid * Drs. G.B.M. Leers, mayor of Maastricht * Dr. R.L. Vreeman, mayor of Tilburg * Mr. Th. C. de Graaf, mayor of Nijmegen * J.A.H. Lonink, mayor of Terneuzen * Dr. J.P. Rehwinkel, mayor of Naarden * W.J.M. Velings MOI, chief of police, region Limburg Zuid * F.J. Heeres MPSM, chief of police, region Midden- en West Brabant * Mr. A.D.J. Keizer, former policy official of the Ministry of Health, Welfare and Sport * Mr. drs. V. Everhardt, drugs and alcohol prevention expert * Dr. M. Jelsma, Drugs & Democracy Programme, Transnational Institute

The Sentencing Project's New Publication: Racial Impact Statements

[Courtesy of The Sentencing Project]

I'm pleased to let you know of an article I have recently had published in the Ohio State Journal of Criminal Law that proposes the development of "Racial Impact Statements" as a means of assessing the impact of proposed sentencing policies.  I believe that such a policy would be of great benefit to policymakers and practitioners by establishing a proactive means of addressing a key dynamic in the criminal justice system.

In Racial Impact Statements as a Means of Reducing Unwarranted Sentencing Disparities, I suggest that these statements have much in common with fiscal and environmental impact statements that have become commonplace at many levels of government.  The goal of a racial impact statement would be to assess the projected impact of new sentencing legislation on racial and ethnic minorities prior to enactment of the policy.  If the statement indicates that unwarranted sentencing disparities might be produced, legislators would have the opportunity of considering alternative means of achieving public safety goals that would not exacerbate existing disparities.

I hope that this proposal will be of use to legislators, sentencing commissions, practitioners, and advocacy organizations alike.  Far too often in public policy discussions issues of racial disparity are examined after the fact.  By enacting this policy, we would have the opportunity to engage in a more constructive approach to assessing issues of race and the criminal justice system. 

I hope you find this article helpful in your work and would welcome hearing any reactions you may have.

Regards,



Marc Mauer

Executive Director

Government kills medical marijuana cancer patient

[Courtesy of Marijuana Policy Project]

The story I’m about to share with you sickens me. It’s a story of how our government turns the prohibition of medical marijuana into an excuse for murdering a cancer patient.

Dallas resident Stephen Thorton was a thyroid cancer survivor who used marijuana to control chronic pain, eliminate nausea, and gain weight. In 2005, a federal court in Texas convicted Thorton of “possession of a firearm by an unlawful user of a controlled substance and for distributing marijuana and marijuana plants.”

In other words, this cancer patient faced a federal prison sentence for having a gun that would have been legal except for the presence of marijuana, which he was using to treat a life-threatening illness.

Thorton fled Texas in late 2005, fearing that his prison term would undermine his battle against cancer — and in the process became a fugitive who was wanted by the U.S. Marshals Service. He took up residence in Raleigh, North Carolina, where he continued to grow his medical marijuana. Last week, he was shot and killed by law enforcement officers in a drug raid at his home.

Investigators said they thought Thorton was the “kingpin” of a marijuana manufacturing ring.

You can read more about this latest victim of our government’s war on marijuana users here.

While this story is outrageous, it isn't unique. On MPP’s Web site, you can read a whole series of stories about other drug war victims.

Please help end marijuana prohibition — and the frightening police actions that accompany it — by making a financial contribution today. We cannot keep fighting the federal government — including lobbying Congress to pass legislation to end the federal government’s raids on medical marijuana patients — without the generosity of people like you.

Thank you. I’m grateful for anything you can do to help end the government’s cruel war on the sick.

Sincerely,
Kampia signature (e-mail sized)
Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.

Prison Art Galley: Free Stuff on our Newly Expanded Website

[Courtesy of Prision Art Galley] Here's What You Get FREE when you visit our website www.PrisonsFoundation.org now! Complete CDs of your favorite music performed by ex-prisoner musicians, and access to daily News You Can Use updates and complete archives. All absolutely FREE! We have some very special treats in store for you when you visit our newly expanded website www.PrisonsFoundation.org. No sign-up, password, or anything else required. Just come and get! You can download complete music CDs performed by the Prison Art Gallery Guitar Ensemble. Choose one or all of the following ten CDs, each over an hour, and now absolutely FREE: Mostly Motown, Beatles Forever, Latin Love, Duke Ellington Songbook, Rogers and Hammerstein Songbook, Carole King Songbook, Gershwin Songbook, Classic Jewish Songs, Hoagy Carmichael Songbook, and Irving Berlin Songbook. Also, you can get Free daily installments of News You Can Use featuring the latest national, global and local prison developments from authoritative sources. Our archives go back years, so whatever prison-related subject you're looking for, you'll find it here. FREE. Don't Miss Our Upcoming FREE Reception Featuring Judge Arthur Bennett 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) featuring a talk by Judge Arthur Burnett. There will be a question and answer period following Judge Burnett's presentation. Refreshments will be served. If you ever wanted to know more about the inner workings of the judicial system that sends so many people to prison, this is a rare opportunity to find out. Senior Judge Arthur L. Burnett, Sr., now on leave from the Superior Court of the District of Columbia, currently serves as the Executive Director of the National African American Drug Policy Coalition. In that capacity he seeks alternatives to incarceration, including the use of drug courts and treatment instead of prisons. His influential Coalition consists of twenty-three professional organizations of lawyers, doctors, dentists, nurses, social workers, sociologists, psychologists and other behavioral scientists. Judge Burnett graduated from Howard University summa cum laude and received his law degree from New York University in 1958. He commenced his law career that year in the Attorney General's Honors Program at the United States Department of Justice in the Criminal Division. In 1965 he became an Assistant United States Attorney in Washington, D.C. where he prosecuted homicides, among other cases. In 1968 he became the first General Counsel of the Metropolitan Police Department in the District of Columbia. After serving in other distinguished positions, he was appointed by the President of the United States to the Superior Court of the District of Columbia in 1987. Please join us for this special Free event on Sunday, Jan. 20, 2008, at the Prison Art Gallery, 1600 K Street NW, Suite 501, Washington, DC. For further information, please call 202-393-1511 or email [email protected].

A Holiday Surprise & Victory for Medical Marijuana!

[Courtesy of Americans for Safe Access] 

Last week, House Judiciary Committee Chair, Rep. Conyers (D-MI) pledged to investigate the DEA’s recent and ongoing tactics threatening the safety and security of state-sanctioned patients, providers, and innocent third-party landlords. Chairman Conyers’ commitment to question DEA attacks on medical marijuana states has brought holiday cheer to medical marijuana patients and supporters. Please thank Chairman Conyers, and his staff, today!

Click here to thank Chairman Conyers right now! Chairman Conyers needs to know you support and appreciate his decision to hold oversight hearings. Be sure to thank him and tell him that as a patient and/or medical marijuana supporter, you look forward to working with him and his dedicated staff as they prepare for the oversight hearing.
Visit www.AmericansforSafeAccess.org/ThankYouRepConyers to send a short message.

Since the DEA began raiding medical cannabis dispensing collectives in 2002, Congress has never held a hearing to investigate the goal of these raids, how much these raids are costing taxpayers in both dollars and precious resources, or what impact these raids are having on patients and the state and local governments attempting to regulate the distribution of medical marijuana in accordance with state law. A House oversight investigation is an important and significant opportunity for the medical marijuana community. Please thank Chairman Conyers today. Click here to send a message.

Thank you for your commitment to safe access.

Sincerely,

Sonnet Seeborg Gabbard
Field Coordinator
Americans for Safe Access

U.S. Sentencing Commission Approves Crack Reform for Federal Prisoners

[Courtesy of The Sentencing Project] The day after the Supreme Court affirmed a judge's decision to sentence below the guideline range based on the unfairness of the crack cocaine sentencing disparity, the United States Sentencing Commission today voted unanimously to make retroactive its recent guideline amendment on crack cocaine offenses. The USSC's decision now makes an estimated 19,500 persons in prison eligible for a sentence reduction averaging more than two years. Releases are subject to judicial review and will be staggered over 30 years. The Sentencing Project applauds the USSC for responding at this heightened time of public awareness about excessive penalties and disparate treatment within the justice system. "The Commission's decision marks an important moment not only for the 19,500 people retroactivity will impact, but for the justice system as a whole," stated Marc Mauer, Executive Director of The Sentencing Project. "Today's action, combined with the Court's decision yesterday, restores a measure of rationality to federal sentencing while also addressing the unconscionable racial disparities that the war on drugs has produced." The Sentencing Project estimates that once the sentencing change is fully implemented, there will be a reduction of up to $1 billion in prison costs. Because African Americans comprise more than 80% of those incarcerated for crack cocaine offenses, the sentencing reform will also help reduce racial disparity in federal prisons. The Commission sets the advisory guideline range that federal judges use when sentencing defendants. In May the Commission recommended statutory reforms and proposed to Congress an amendment to decrease the guideline offense level for crack cocaine offenses. The amendment went unchallenged by Congress and went into effect on November 1st. The Commission's action today makes that guideline change retroactive to persons sentenced prior to November 1st. The guideline changes do not affect the mandatory minimum penalties that apply to crack cocaine, which can only be addressed through Congressional action. "Justice demands that Congress take the next step and eliminate the harsh mandatory minimums for low-level crack cocaine offenses," said Mauer. The Commission's vote comes a day after the United States Supreme Court ruled 7-2 in Kimbrough v. United States that a federal district judge's below-guideline sentencing decision based on the unfairness of the 100 to 1 quantity disparity between powder and crack cocaine was permissible. In June, Sen. Joseph Biden introduced the Drug Sentencing Reform and Kingpin Trafficking Act of 2007, legislation which would equalize the penalties for crack and powder cocaine offenses. Biden's bill, S. 1711, aims to shift federal law enforcement's focus from street-level dealers towards high-level traffickers.

Supreme Court Rules in Favor of Sentencing Fairness for Crack Cocaine

[Courtesy of The Sentencing Project] SUPREME COURT RULES THAT JUDGES MAY CONSIDER HARSHNESS OF CRACK POLICY IN SENTENCING Decision Comes on Eve of U.S. Sentencing Commission Vote to Reduce Crack Sentences for Prisoners The Supreme Court ruled 7 to 2 today that a federal district judge's below-guideline sentencing decision based on the unfairness of the 100 to 1quantity disparity between powder and crack cocaine was permissible. Justice Ruth Bader Ginsburg wrote the decision in the case, Kimbrough v. U.S. (06-6330). "At a time of heightened public awareness regarding excessive penalties and disparate treatment within the justice system, today's ruling affirming judges' sentencing discretion is critical," said Marc Mauer, Executive Director of The Sentencing Project. "Harsh mandatory sentences, particularly those for offenses involving crack cocaine, have created unjust racial disparity and excessive punishment for low-level offenses." The Court's decision in Kimbrough comes at a time of unprecedented interest in reforming the mandatory minimum sentencing policy for crack cocaine offenses. Bipartisan legislation has been introduced in Congress and hearings are expected early next year. Moreover, tomorrow, the U.S. Sentencing Commission is expected to vote on whether its recent sentencing guideline reduction for crack cocaine offenses will apply retroactively to people currently serving time in prison. Review today's decision in Kimbrough at: http://www.scotusblog.com/wp/wp-content/uploads/2007/12/06-6330.pdf

ASA: Judiciary Committee Chairman Conyers Opposes DEA Tactics

[Courtesy of Americans for Safe Access] Judiciary Committee Chairman Conyers Opposes DEA Tactics Pledges to Question DEA During Oversight Hearings Dear Friend, As many of you know, DEA recently launched an entirely new tactic in their continued efforts to undermine the effective implementation of medical marijuana laws in California. They have sent hundreds of letters threatening prosecution and asset forfeiture against property owners who rent to legal medical cannabis collectives – a strategy that could have ramifications for medical marijuana programs nationwide. ASA Government Affairs Director Caren Woodson has been talking to House Judiciary Committee Chairman John Conyers’ (D-MI) staff and other Democratic leadership to encourage them to oppose these tactics and stand up for patients in states where medical cannabis is legal. Today, Chairman Conyers issued at a statement saying: “I am deeply concerned about recent reports that the Drug Enforcement Administration is threatening private landlords with asset forfeiture and possible imprisonment if they refuse to evict organizations legally dispensing medical marijuana to suffering patients. The Committee has already questioned the DEA about its efforts to undermine California state law on this subject, and we intend to sharply question this specific tactic as part of our oversight efforts.” In conjunction with more than fifty raids at medical cannabis collectives in California this year, the asset forfeiture threats against property owners represent the most serious challenge to patients’ access in the United States today. Conyers’ support signals the first significant Congressional opposition to the DEA’s attempted end run around voters and state lawmakers. ASA welcomes this statement and we look forward to working with Chairman Conyers to finally end DEA interference in state medical marijuana laws. Congratulations to the hundreds of ASA members who helped put grassroots strength behind our work! Keep your eyes open for an Action Alert next week to put even more support behind Conyers’ initiative, and visit www.AmericansForSafeAccess.org/Donate to make a contribution to support our effective advocacy today. Thank you, Steph Sherer Executive Director Americans for Safe Access -------------------------------------------------------------------------------- Americans for Safe Access is the nation's largest organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.

Prison Art Clocks let you do time with your favorite imprisoned artists. Only $16.99 (reg $20)

[Courtesy of Prison Art Gallery] Our new Prison Art wall clocks are now on sale for the introductory price of just $16.99. Choose from among ten images created by imprisoned artists from across America. You won't fine a more beautiful, socially-conscious, or TIMELY holiday gift anywhere, even if you spend three times as much. Order yours today before TIME runs out! To view and order these gorgeous and practical works of art, please visit http://www.cafepress.com/jail/4246550. If you have any questions, please call 202-393-1511 anytime.

Mississippi Juvenile Justice Reformer Named New JPI Executive Director

[Courtesy of JPI] WASHINGTON, DC - The attorney, who drafted, advocated for and helped pass sweeping juvenile de-incarceration legislation in Mississippi has been selected by the Justice Policy Institute's Board of Directors to lead the organization into its next decade. The Justice Policy Institute (JPI), a national public policy institute dedicated to ending society's reliance on incarceration and promoting effective solutions to social problems, announced today that co-founder and Executive Director Jason Ziedenberg will step down and be replaced by Sheila A. Bedi. The transition will take place on January 14, 2008. "We are incredibly excited to have found someone as dynamic, talented and dedicated to JPI's mission as Sheila is," said JPI Board Treasurer, Peter Leone. "Under Sheila's leadership, JPI will continue its work in highlighting the negative consequences associated with society's reliance on incarceration." Bedi is currently the co-director and founder of the Mississippi Youth Justice Project (MYJP), a non-profit public policy and legal advocacy organization dedicated to the reform of Mississippi's juvenile justice system. At MYJP, Bedi drafted and helped win passage of the Mississippi Juvenile Justice Reform Act of 2005, a measure which prohibits the incarceration of first-time non-violent offenders and establishes community-based alternatives to incarceration. Bedi drafted The Mississippi Juvenile Delinquency Prevention Act of 2006 which requires training for juvenile defenders, re-entry planning for formerly incarcerated youth, set standards for juvenile detention centers and helped secure over $7 million for previously unfunded programs and services that will reduce the number of incarcerated children in Mississippi-including wrap-around services and other community-based alternatives. "After years of advocating for children locked-up in our nation's most brutal and notorious prisons, I know that just building 'better' prisons will only perpetuate the cycle of incarceration, compounding our communities' public safety challenges," said Bedi. "JPI's cutting-edge research and advocacy confirms that our nation's over-reliance on incarceration is the greatest civil rights and political crisis of our time. As Executive Director, I look forward to building on JPI's success and contributing to the de-incarceration movement nationwide." Since 1997, the Justice Policy Institute has worked to enhance the public dialog on incarceration through accessible research, public education and communications advocacy. Lawmakers, media, advocates, systems reformers, and the general public rely on JPI's timely analyses. Over the last decade, JPI's research and communication strategies have helped prevent federal laws that would prosecute more youth as adults, and the organization has collaborated with national and state-based campaigns to repeal these laws. JPI has worked to prevent initiatives for longer prison sentences or tougher juvenile justice measures from being enacted at the local, state and federal level. JPI has pursued legislation to divert drug-involved individuals from prison to drug treatment programs in Maryland and California, and has helped reshape public opinion around California's "Three Strikes Laws" and reforms to Maryland's drug sentencing statutes. JPI has elevated the importance of and promoted effective strategies to reduce the number of young people in pre-trial juvenile detention and reduce racial and ethnic disparities in the juvenile justice system. JPI has published more than four dozen policy reports which constitute a "cannon" of work that support reducing the use of incarceration. After a decade of serving in a number of positions at JPI, including three years as Executive Director, Ziedenberg is returning to the West Coast in 2008. "We thank Jason for his tireless work in helping JPI transition into a potent vehicle for de-incarceration work, and for managing the challenging shift of the organization to a new generation of leaders in this field," said Leone.
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