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Americans for Safe Access: July 2009 Activist Newsletter

City Loses Suit, Pays ASA $139,000 in Legal Fees

Garden Grove Tried to Avoid Returning Cannabis to Patient

A California city's refusal to return less than $200 worth of cannabis to a qualified patient has now cost them at least a thousand times that. And they had to return the cannabis anyway.

As part of a settlement to resolve their unsuccessful challenge to the state's medical marijuana law, Garden Grove officials wrote a check for $139,000 in attorneys' fees to Americans for Safe Access, who represented the patient. That money is in addition to what the city spent fighting the case, estimated at in excess of $100,000.

"It's unfortunate that the City of Garden Grove felt it necessary to spend more than a quarter of a million dollars challenging a patient's right to his medicine," said ASA Chief Counsel Joe Elford. "Hopefully, other local officials will now do better upholding medical marijuana patients' rights under the law."

When officials in Garden Grove said they would not return the eight grams of cannabis seized from Felix Kha in June 2005, ASA filed suit. All charges against Kha had been dismissed because he was able to show that he is a qualified patient under state law, but city officials argued that returning his medicine would require them to violate federal law.

In a landmark decision, a superior court disagreed and ordered the city to return the cannabis to Kha, but Garden Grove appealed. A state appellate panel also found in favor of Kha, ruling that, "it is not the job of the local police to enforce the federal drug laws."

City officials then asked first the California Supreme Court and then the U.S. Supreme Court to reverse the decision, but both refused to review the case.

"This settlement is a huge victory for patients that underscores law enforcement's obligation to uphold state law," said Elford. "Better adherence to state medical marijuana laws by local police will result in fewer needless arrests and seizures. That protects patients from hardship and avoids wasting resources."

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ASA Suit Gets County to Issue Cannabis ID Cards

Others Face Legal Action if Calif. Program Not Adopted

Medical cannabis patients in Solano County will soon be able to obtain California state ID cards to protect them from wrongful arrest or seizure of their medicine, thanks to legal action by ASA.

The 3-2 vote by the county's supervisors comes five months after ASA filed suit to force them to implement the card program, and one month after the U.S. Supreme Court declined to consider another county's challenge to state medical marijuana law.

"Solano had come to the end of its legal rope, with no recourse but to obey state law," said Joe Elford, ASA's chief counsel. "More than twelve years after the passage of California's medical marijuana law, it's time for local officials to respect the legal rights and protections afforded patients."

Some local officials have argued that the federal prohibition on all marijuana use prevented them from complying with California's medical marijuana law. In 2006, San Diego County brought that argument to court in a closely watched case that was also litigated, in part, by ASA. The challenge was rejected first in superior court than at the appellate level. The California Supreme Court refused to review the case in 2008, and last month the U.S. Supreme Court also declined to hear it.

At time the lawsuit was filed in January 2009, Solano was one of 12 counties refusing to comply with California's 2004 Medical Marijuana Program Act, which mandates that counties make available voluntary ID cards to qualified medical cannabis patients and their caregivers.
According to the Department of Public Health, 52 of California's 58 counties are now issuing cards or have plans to do so. Officials in the six remaining counties—Colusa, Madera, Mariposa, Modoc, Mono, and Sutter—have received notice from ASA that they face litigation unless they comply.

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California Senate Resolution Asks for Change on Federal Medical Cannabis Policy

While the Obama Administration has promised a new policy on prosecuting medical cannabis cases, California state senators are telling Washington they want to see new law.

Senate Joint Resolution 14, introduced by Mark Leno (D-SF), asks Congress and the President to do more than just end federal raids, intimidation, and other interference with state medical marijuana laws. The resolution asks that the federal government establish a comprehensive policy that ensures safe and legal access for patients as well as allow them a medical defense to federal marijuana charges. It also asks them to actively encourage clinical research on the therapeutic use of marijuana.

The resolution is consistent with ASA's national strategy to enact nationwide protections for patients and advance scientific research to fully unlock the therapeutic potential of cannabis.

"The U.S. is poised for a fundamental overhaul on medical cannabis policy," Said Don Duncan, ASA's California Director. "Our legislative strategy is diverse and multi-faceted, with success on any one of our goals likely to have profound, domino-like policy implications."

ASA is mobilizing its grassroots base of almost 40,000 members in sixty chapters and affiliates to change federal policy. In 2009 and 2010, ASA's efforts will be geographically targeted, and SJR 14 is an important part of that strategy.

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Congress Considers Bill to Protect
Medical Marijuana Patients

Law Would Allow Prescription, End Federal Obstruction

A bipartisan bill that would dramatically transform federal policy on medical marijuana is before the House. The bill seeks to change the classification of marijuana from a Schedule I drug, defined as having no medical value, to a Schedule II drug, which could be prescribed like other medications. Known as the "Medical Marijuana Patient Protection Act" or HR 2835, the act would also prevent interference by the federal government in any state or local medical marijuana program.

The bill, introduced by Representative Barney Frank (D-MA) along with a dozen other members, is similar to legislation introduced in previous Congressional terms.

"We're hopeful that the Obama Administration's new policy on medical marijuana creates the right political context for passing this important legislation," said Caren Woodson, ASA's Government Affairs Director. "It's time for the federal government to acknowledge marijuana's medical efficacy and develop a comprehensive plan to provide safe, consistent access for the hundreds of thousands of Americans that benefit from its use."

In addition to rescheduling marijuana under the Controlled Substances Act (CSA), HR 2835 would provide federal legal protections for all qualified patients and caregivers in states that have legalized the use of medical marijuana, as well as any entity authorized under local or state law to distribute medical marijuana.

In addition to the Frank bill, Representative Maurice Hinchey (D-NY) has asked for clarification of the Obama Administration's policy in language he added to the appropriations bill that funds the Department of Justice.

"It's imperative that the federal government respect states' rights and stay out of the way of patients with debilitating diseases such as cancer who are using medical marijuana in accordance with state law to alleviate their pain," Rep. Hinchey said in a statement.

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Rhode Island is Third with Patient Access Program

The Rhode Island legislature this month overrode Governor Donald Carcieri's veto to establish "Compassion Centers" for distributing cannabis to qualified patients.

By votes of 65-0 in the state House and 35-3 in the Senate, state lawmakers overwhelmingly approved the creation of three state-licensed, non-profit centers. The first will be operational within 7 months, the other two within a year after that.

The Obama Administration's new policy of not interfering in state medical cannabis programs has given state officials more options for ensuring access. New Jersey lawmakers are considering a bill similar to Rhode Island's, and a ballot initiative in Maine will give voters a chance to allow dispensaries there, come November. California's legislature codified the legal status of patient collectives back in 2004, and New Mexico has licensed a non-profit medical marijuana producer and has plans for more.

"It's heartening to see states implementing distribution systems for patients who can't grow medical marijuana themselves," said Caren Woodson, ASA's Government Affairs Director. "What's needed now is for the federal government to work in harmony with these states to ensure access for patients."

The bill in Rhode Island was backed by the Rhode Island Patient Advocacy Coalition, a group comprised of patients, advocacy groups, and healthcare providers, including the state Medical Society and Nurses' Association.

Drug Truth 06/23/09

The Unvarnished Truth From the Drug Truth Network Century of Lies for 06/21/09, 29:00 Allan Clear, Exec. Dir. of the Harm Reduction Coalition on what we have wrought & Chris Hermes of Americans for Safe Access on "land mark decision" on medical marijuana + "World's Most Intersting Man" III LINK: http://www.drugtruth.net/cms/?q=node/2463 TRANSCRIPT: TBD Cultural Baggage for 06/17/09, 29:00 Casper Leitch, producer and host of Time4Hemp.com, discusses history of his efforts + Bruce Mirken of the Marijuana Policy Project on the legislatures over ride of the governors veto in Rhode Island & more LINK: http://www.drugtruth.net/cms/?q=node/2462 TRANSCRIPT: http://www.drugtruth.net/cms/?q=node/2462#comments 4:20 Drug War NEWS, 6/22 to 6/28/09 Link at www.drugtruth.net on the right margin - Sun - Mike Gray, chair of CSDP's OpEd in Time Union/Albany NY Sat - Allan Clear, Exec. Dir of Harm Reduction Coaltion Fri - Chris Hermes, spokesman for Americans for Safe Access on landmark decision for medical marijuana Thu - Bruce Mirken of MPP vs. Terrence Farley on CNBC 2/2 Wed - Bruce Mirken of MPP vs. Terrence Farley on CNBC Tue - Vancouver Sun: "SUPPRESSED REPORT RAISES QUESTIONS ABOUT DRUG POLICY" Mon - Nicholas D. Kristof of the NY Times, is 40 years of drug war enough? Programs produced at Pacifica Radio Station KPFT in Houston, 90.1 FM. You can Listen Live Online at www.kpft.org - Century of Lies, SUN, 8 PM ET, 7 PM CT, 6 PM MT & 5 PM PT: NEXT: TBD - Cultural Baggage WED, 12:30 PM ET, 11:30 CT, 10:30 MT & 9:30 AM PT: NEXT: Moises Naim, Editor Foreign Policy Magazine Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org We have potcasts, searchability, CMS, XML, sorts by guest name and by organization. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US, Canada and Australia! We now feature TRANSCRIPTS of most of our programs again! Check out our latest videos via www.youtube.com/fdbecker 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, DTN Producer, 713-849-6869, www.drugtruth.net

Disenfranchisement News: Sotomayor on Disenfranchisement

National: Sotomayor on Disenfranchisement Based on many decisions by U.S. Supreme Court nominee, Sonia Sotomayor, a New York Times op-ed column states that the judge's decisions have ultimately been "color blind." Making mention of her ruling in Hayden v. Pataki, where Sotomayor concluded that felon disenfranchisement laws are discriminatory and violate the Voting Rights Act, Tom Goldstein, a founder of the Scotusblog Web site, states that her decisions in cases like these "hardly make her an extremist." The United State's varied practice of disenfranchising individuals with felony offenses is the wrong way to dole out punishment, according to an Atlantic blog. "Crime costs this country an estimated $1.4 trillion annually," the article states. "Unless disenfranchisement helps reduce that number - and the evidence suggests that it does the opposite - then denying prisoners the vote in order to minutely heighten the virtue of the voting pool is a bad trade." - - - - - - 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

Cultural Baggage 06/18/09

The Unvarnished Truth From the Drug Truth Network Cultural Baggage for 06/17/09, 29:00 Casper Leitch, producer and host of Time4Hemp.com, discusses history of his efforts + Bruce Mirken of the Marijuana Policy Project on the legislatures over ride of the governors veto in Rhode Island & more LINK: http://www.drugtruth.net/cms/?q=node/2462 Transcript: http://www.drugtruth.net/cms/?q=node/2462#comments Programs produced at Pacifica Radio Station KPFT in Houston, 90.1 FM. You can Listen Live Online at www.kpft.org - Century of Lies, SUN, 8 PM ET, 7 PM CT, 6 PM MT & 5 PM PT: NEXT: Allan Clear, Exec Dir Harm Reduction Coalition - Cultural Baggage WED, 12:30 PM ET, 11:30 CT, 10:30 MT & 9:30 AM PT: NEXT: Moises Naim, Editor - Foreign Policy Magazine Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org We have potcasts, transcripts, searchability, CMS, XML, sorts by guest name and by organization. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US, Canada and Australia! We now feature TRANSCRIPTS of most of our programs again! Check out our latest videos via www.youtube.com/fdbecker 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, DTN Producer, 713-849-6869, www.drugtruth.net

Drug Truth Update 06/15/09

The Unvarnished Truth From the Drug Truth Network Century of Lies for 06/14/09, 29:00 Dr. Joel Hochman, Ex. Dir. of National Foundation for the Treatment of Pain + Charles Lynch get 1 year & 1 day for dispensing cannabis + Phil Smith on California's fall into the abyss LINK: http://www.drugtruth.net/cms/?q=node/2454 TRANSCRIPT: 06/15/09 PM Cultural Baggage for 06/10/09, 29:00 Claudia Rubin w/ RELEASE in the UK, regarding their campaign: "Nice People Take Drugs" + Dr. Joel Hochman's warning to parents & Julie Roberts of Drug Policy Alliance on forthcoming cannabis distribution in New Mexico LINK: http://www.drugtruth.net/cms/?q=node/2453 TRANSCRIPT: http://www.drugtruth.net/cms/?q=node/2453#comments 4:20 Drug War NEWS, 6/15 to 6/21/09 Link at www.drugtruth.net on the right margin - Sun - The last Dash Award? With Ani Schwartz of New Mexico Sat - Dr. Hochman discusses Charles Lynch's conviction for cannabis Fri - Dr. Hochman: "supply side calamity" 2/3 Thu - Dr. Joel Hochman Dir National Foundation for the Treatment of Pain 1/3 Wed - Charles Lynch 2/2 Tue - Charles Lynch, California cannabis dispensary owner sentenced to 1 year, 1 day in prison 1/2 Mon - Phil Smith reporter for Drug War Chronicle on the economic collapse of California's drug war Programs produced at Pacifica Radio Station KPFT in Houston, 90.1 FM. You can Listen Live Online at www.kpft.org - Century of Lies, SUN, 8 PM ET, 7 PM CT, 6 PM MT & 5 PM PT: NEXT: TBD - Cultural Baggage WED, 12:30 PM ET, 11:30 CT, 10:30 MT & 9:30 AM PT: NEXT: Casper Leitch, time4hemp Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org We have potcasts, searchability, CMS, XML, sorts by guest name and by organization. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US, Canada and Australia! We now feature TRANSCRIPTS of most of our programs again! Check out our latest videos via www.youtube.com/fdbecker 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, DTN Producer, 713-849-6869, www.drugtruth.net

Cultural Baggage 06/11/09

The Unvarnished Truth From the Drug Truth Network Cultural Baggage for 06/10/09, 29:00 Claudia Rubin w/ RELEASE in the UK, regarding their campaign: "Nice People Take Drugs" + Dr. Joel Hochman's warning to parents & Julie Roberts of Drug Policy Alliance on forthcoming cannabis distribution in New Mexico LINK: http://www.drugtruth.net/cms/?q=node/2453 Transcript: http://www.drugtruth.net/cms/?q=node/2453#comments Programs produced at Pacifica Radio Station KPFT in Houston, 90.1 FM. You can Listen Live Online at www.kpft.org - Century of Lies, SUN, 8 PM ET, 7 PM CT, 6 PM MT & 5 PM PT: NEXT: Dr. Joel Hochman, Director of the National Foundation for the Treatment of Pain - Cultural Baggage WED, 12:30 PM ET, 11:30 CT, 10:30 MT & 9:30 AM PT: NEXT: Caspar Leitch, time4hemp.com Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org We have potcasts, transcripts, searchability, CMS, XML, sorts by guest name and by organization. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US, Canada and Australia! We now feature TRANSCRIPTS of most of our programs again! Check out our latest videos via www.youtube.com/fdbecker 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, DTN Producer, 713-849-6869, www.drugtruth.net

Americans for Safe Access: June 2009 Activist Newsletter

U.S. Supreme Court Affirms California Medical Marijuana Program

High Court Refuses to Hear County Challenge to State Law


In another landmark victory for the ASA legal team, the U.S. Supreme Court has said no to an attempt by a California county to overturn the state's medical marijuana law.

The case, brought by San Diego County and joined by two others, alleged that the federal prohibition of marijuana preempts the state law that allows legal access for qualified patients. County officials were resisting the legislature's mandate to implement a identification card program for medical marijuana patients.

"No longer will local officials be able to hide behind federal law and resist upholding California's medical marijuana law," said ASA Chief Counsel Joe Elford, who helped argue the case. "The courts have made clear that federal law does not preempt California's medical marijuana law and that local officials must comply with that law."

The San Diego Superior Court and the Fourth District Court of Appeals both rejected the argument, which was followed by the California Supreme Court's refusal to review the case in 2008. ASA filed a lawsuit in January against Solano County for its refusal to implement the state ID card program.

"This decision and our lawsuit against Solano will undoubtedly have an impact on the other 10 counties that have failed to implement the ID card program," said Elford.

Colusa, Madera, Mariposa, Modoc, Mono, San Bernardino, San Diego, Solano, Stanislaus, and Sutter counties have each been notified about their obligation to implement the ID card program.

ASA worked with the ACLU Drug Law Reform Project to litigate the San Diego case, with both organizations on the side of the California Attorney General defending the state's medical marijuana law. The County of San Bernardino joined San Diego County in its original lawsuit and the subsequent appeals.

The ID card program was established in 2004 with the legislature's passage of SB 420, the Medical Marijuana Program Act. The ID cards are intended to assist law enforcement identify qualified patients and protect those patients from wrongful arrest.

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ASA Defends Marijuana Seizure Ruling on Appeal

California Court Considers Law Enforcement Limits

The right of California patients to both organize collectives to grow medical marijuana and be protected from unreasonable search and seizure was defended by ASA last month before a state appeals court. Butte county officials are trying to overturn a lower court's decision that had removed restrictions the county had imposed on patient collectives.

"We're cautiously optimistic about the outcome," said ASA Chief Counsel Joe Elford, who argued the case. "The panel asked tough questions of the county and clearly understands that this is an important and interesting case for defining the limits and obligations of state medical marijuana law."

The case,
Williams v. Butte County, involves a collective of seven patients who had pooled their labor and resources to maintain a 41-plant garden. But county policy required every member of the collective to live on the property or physically till the soil, a restriction not found in California law. So when the sheriff's department entered the property without a warrant and ordered the owner to tear down all but six plants for himself and six plants for his wife -- which he did under threat of arrest - ASA sued the county and won.

Butte officials are appealing the trial court's ruling that the Butte County policy is preempted by state law and that a patient may file a claim for unreasonable search and seizure in such a circumstance. The county is being supported before the Court of Appeal for the Third District by the California Peace Officers' Association, California Police Chiefs' Association, and California Sheriffs' Association, organizations that have filed amicus briefs arguing against patient rights in several ASA cases.

In addition to the question of whether county's can impose onerous restrictions on how collectives may operate, the court was concerned with when and how law enforcement may seize medicine.

The county argued that there is no restriction on seizures of marijuana by state officials, since it remains illegal under federal law. One of the justices commented that this would seemed to violate the spirit of Proposition 215 and asked whether the electorate would be "mystified" by a decision that would allow law enforcement to seize marijuana from patients without any restriction.

ASA argued that the California Supreme Court's opinion in People v. Mower that "probable cause depends on all of the circumstances, including one's status as a qualified medical marijuana patient" means that law enforcement must have probable cause to seize medicine from qualified patients.

Elford told the court that in this case there was neither probable cause nor a search warrant, and without any exigent circumstance to justify a warrantless seizure - the officer knew that Williams wanted to keep the marijuana and was not going to destroy it on his own -- there is no excuse for failing to get a warrant.

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ASA Chapter Profile: Honolulu, Hawaii

Since it was formed last September, ASA's Honolulu, Hawaii chapter has been growing steadily and gaining ground in the fight for medical cannabis patients rights. Honolulu ASA is the only advocacy group on the island which works exclusively for medical cannabis issues. In the past few months, Honolulu ASA has formed alliances with other advocacy groups on Oahu such as the Drug Policy Forum of Hawaii and the West Oahu Hope For A Cure.

Last month, the chapter gained a seat on Hawaii's statewide Medical Cannabis Task Force, which was established by the legislature on April 29th to look into the Hawaii program and make recommendations early next year. The director of the Honolulu chapter of ASA will represent ASA members throughout the state in the upcoming deliberations to make Hawaii's program a viable system, including the possible creation of a distribution system.

This is the first time that an ASA local chapter will have a seat on a statewide task force. This bill is now being sent over to the governor for her approval.

The Honolulu chapter has been growing rapidly, with membership recently reaching 100 members, thanks in part to a new partnership with a local physician. ASA Honolulu's goal is to eventually have every medical cannabis patient on the island of Oahu as an ASA member.

ASA Honolulu has established a relationship with Dr. Jimenez to have a presence in his Hawaii office as he is seeing new and re-certifying patients during his monthly visits to the island. This allows ASA an opportunity to introduce the organization to qualified patients and get them signed up as new members.

Dr Jimenez is also an ASA member and a member of the local chapter and has been added as the Medical Advisor to the chapter to assist in work on the Medical Cannabis Task Force. Dr. Jimenez is one of the primary medical cannabis recommendation physicians in Hawaii and California with approximately 11,000 current recommendations written.

This month, the Honolulu chapter will begin holding approximately 20 different "Cannabis Classes" to teach patients valuable tips and techniques for choosing, growing, cloning, harvesting, curing, and using their medication. They are also working out the details for weekend "Cannabis Camps" to be held at various beach parks on Oahu each year. These Cannabis Camps will offer ASA members additional opportunities for classes, fellowship with other patients, and entertainment while camping at a beautiful Hawaii beach. Members from other chapters are invited to attend these Cannabis Camps as an opportunity to further relationships between the chapters.

For more information about the Honolulu ASA chapter and the work that we have been doing in Hawaii, visit our chapter website at
www.HonoluluASA.org or contact us by email at [email protected] or by phone at (808) 840-0229 or (808) 352-5815.

Drug Truth Network 06/08/09

The Unvarnished Truth From the Drug Truth Network Century of Lies for 06/07/09, 29:00 Eugene Oscapella, director of Canadian Foundation for Drug Policy + Jet Baker song "Free Eddy Lepp", Winston Francis with "Don't Bother", Claudia Rubin from UK's RELEASE drug program, Jesse Stout of Rhode Island MMJ effort & parental warning from Doctor Joel Hochman, director National Foundation for the Treatment of Pain LINK: http://www.drugtruth.net/cms/?q=node/2445 TRANSCRIPT: 06/08/09 PM Cultural Baggage for 06/03/09, 29:00 US Prison Sentences await Marc Emery - Canada's Prince of Pot, Reverend Eddy Lepp and cannabis dispensary owner Charles Lynch, comments from Ed Rosenthal the guru of ganja LINK: http://www.drugtruth.net/cms/?q=node/2444 TRANSCRIPT: http://www.drugtruth.net/cms/?q=node/2444#comments 4:20 Drug War NEWS, 6/8 to 6/14/09 Link at www.drugtruth.net on the right margin - Sun - Charles Lynch, medical marijuana dispensary owner faces 5 years in prison Sat - Jet Baker song extract: "Free Eddy Lepp" & Winston Francis' "If we end prohibition" warning Fri - Dr. Joel Hochman, Executive Director of the National Foundation for the Treatment of Pain issues warnings to youth and to parents about the dangers of drugs Thu - Mason Tvert, director of SAFER regarding dangers of alcohol and cannabis Wed - Jesse Stout of Rhode Island Patient Advocacy Coalition Tue - Claudia Rubin of UK drug reform group RELEASE Mon - Marc Emery, Canada's Prince of Pot faces extradition to US for selling cannabis seeds Programs produced at Pacifica Radio Station KPFT in Houston, 90.1 FM. You can Listen Live Online at www.kpft.org - Century of Lies, SUN, 8 PM ET, 7 PM CT, 6 PM MT & 5 PM PT: NEXT: TBD - Cultural Baggage WED, 12:30 PM ET, 11:30 CT, 10:30 MT & 9:30 AM PT: NEXT: Claudia Rubin, RELEASE in UK Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org We have potcasts, searchability, CMS, XML, sorts by guest name and by organization. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US, Canada and Australia! We now feature TRANSCRIPTS of most of our programs again! Check out our latest videos via www.youtube.com/fdbecker 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, DTN Producer, 713-849-6869, www.drugtruth.net

Cultural Baggage and Century Drug NEWS 06/04/09

The Unvarnished Truth From the Drug Truth Network Cultural Baggage for 06/03/09, 29:00 US Prison Sentences await Marc Emery - Canada's Prince of Pot, Reverend Eddy Lepp and cannabis dispensary owner Charles Lynch, comments from Ed Rosenthal the guru of ganja LINK: http://www.drugtruth.net/cms/?q=node/2444 Transcript: http://www.drugtruth.net/cms/?q=node/2444#comments Century of Lies for 05/31/09, 29:00 Sanho Tree of Institute for Policy Studies & "Poppygate" report on UN Drug Czar's call to let Afghans glut the opium market + Mark Mauer of the Sentencing Project re drug use rate of criminals & first edition of the "Stupid NEWS" LINK: http://www.drugtruth.net/cms/?q=node/2436 TRANSCRIPT: http://www.drugtruth.net/cms/?q=node/2436#comments Programs produced at Pacifica Radio Station KPFT in Houston, 90.1 FM. You can Listen Live Online at www.kpft.org - Century of Lies, SUN, 8 PM ET, 7 PM CT, 6 PM MT & 5 PM PT: NEXT: Eugene Oscapella, Canadian Barrister - Cultural Baggage WED, 12:30 PM ET, 11:30 CT, 10:30 MT & 9:30 AM PT: NEXT: Claudia Rubin of RELEASE in UK Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org We have potcasts, transcripts, searchability, CMS, XML, sorts by guest name and by organization. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US, Canada and Australia! We now feature TRANSCRIPTS of most of our programs again! Check out our latest videos via www.youtube.com/fdbecker 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, DTN Producer, 713-849-6869, www.drugtruth.net

European Coalition for Just and Effective Drug Policies -- June Bulletin

ENCOD BULLETIN ON DRUG POLICIES IN EUROPE

NR. 52 JUNE 2009

WINDS OF CHANGE


Many people think and hope that the Obama era may indeed lead to change in the drug policies of the United States. This would surely have repercussions at the international level. Not only in the consumer countries, but also and above all in those countries defined as producers. Not only the hundreds of million persons who would like to smoke their joint in peace think this way. Many more are starting to understand that drug prohibition has failed.

The goal that was announced in 1998 during the UNGASS session in New York, and then repeated ten years later, i.e. a drugs free world, will never be realized. It has become obvious that this goal cannot be maintained, as appeared from the discussions in the last CND meeting in March in Vienna.

In recent months, several events that occurred on the other side of the ocean have been received with moderate optimism by the associations and organizations that are promoting a different policy on drugs in the USA, such as NORML and DPA. Of these signals, we remind the following:

- the announcement to end the DEA raids against the medical cannabis dispensaries for patients by Eric Holder, Attorney-General and head of the Justice Department, in those states where the law allows this. Rhode Island, California and New Mexico have installed a regulation on dispensaries, while the number of states where the therapeutic use of cannabis is allowed equals 13;

- the declarations of Gil Kerlikowske, the new head of the White House Office of National Drug Control Policy, who has spoken about a radical change of perspective in the efforts of the nation to fight drugs, beginning with the elimination of the term “War on Drugs”;

- the proposal to legalize cannabis for recreational use in California and the open minded declarations of governor Schwarzenegger on this possibility. Economic calculations as the subsequent taxation would bring several millions of dollars to the treasury of the State start to appear; but it would also halt the advancing violence in the southern states of the U.S. as a result of the wars between the Mexican drug trafficking cartels, and above all, it would empty the crowded American jails.

The appeal to legalization was reiterated by the hundreds of thousands of persons who participated in the Worldwide Marijuana Marches that took place in more than 250 cities all over the world in the first weeks of May. Also in the international press and on TV, voices were heard of those who explained that the end of prohibition will enable better approaches for dealing with the drug phenomenon worldwide.

From South America, the Presidents of some of the states that are most involved in coca production and cocaine traffic — such as Morales from Bolivia, Chavez from Venezuela, Correa from Ecuador and Lugo from Paraguay — have appropriated the coca leaf as the symbol of their campaign to save the planet and the “mother earth” through a radical change of the current models for production and development.

International Conventions must be revised, that the dialogue must be opened to look into fundamental issues such as the respect of human rights and cultural diversity, and in this process of change the citizens of all countries must be permitted to play a fundamental role — citizens both of those countries that are involved in drug production as well as those where mostly consumption takes place.

Today Europe, far distant from the high ideals that inspired those who started to build the Union in remote times, is reduced to a gigantic bureaucratic apparatus that exists to the advantage of the rich and powerful.

On 26 June, the European Commission will present its next initiative on the issue, a "European Action on Drugs". When this initiative was presented at the last session of the "Civil Society Forum on Drug Policies in the EU" , a meeting of 35 so-called drug experts from several civil society organisations, it was rejected by all except the Foundation for a Drug Free Europe.

This European Union that only protects financial interests but does not have a heart, where decisions are taken by a narrow elite, is about to renew its Parliament, a perfect symbol of its false democracy. Giusto Catania, a young Italian Member of the European Parliament, at least was successful in the five year period that is about to finish, in obtaining a majority of the MEPs regarding a set of clearly antiprohibitionist proposals. Nevertheless, these recommendations were completely ignored by the governors of the Member States and by the European Commission.

And rather precisely from Italy itself, perhaps due to the vicinity of the European and administrative elections, alarming news on real censorship arrives. The "New World" Fair, that also hosts the Cannabis Tipo Forte stands (a hemp fair that reached its 5th edition in 2009), did not receive authorisation to take place during the planned dates in the end of May. The veto against the Fair by the municipality of Faenza was raised by the Democratic Party (in theory, left-wing), after pressure by exponents of the U.D.C (Catholic Party) and with the support of the central government in the person of undersecretary in charge of drug issues, Giovanardi. Satisfied with the ban, Giovanardi thanked the local Prefect and Mayor for "demonstrated sensibility in face of the issue".

Some months before, the municipality of Bologna had denied the organisers the access to the "Palanord-center", where the Fair was carried out since 3 years. Here security reasons were invoked. By "mere coincidence", the start of the renovation activities had been established 4 days before the planned dates of the fair. Still the organisers remain confident, that there still exists a freedom of expression in Italy and the Fair will be held in September.

We hope that this summer, which coincides with the beginning of a new cycle for Encod that will renew its Steering Committee, will contribute its light and heat to produce an autumn full of good fruits and new perspectives. We also hope that the winds of change that come from across the ocean can be felt in the old continent. That the European Union begins a new phase in which not only economic interests and strong powers will determine its policies. Where citizens and civil society organisations will achieve a central role in decision making. We hope that the rulers of various countries start as soon as possible to come to terms with a new international reality.

Also therefore, Encod must continue its work, trying to unite the realities that work in Europe for just and effective policies on drugs. Concrete proposals should be developed that sooner or later will have a role in the change that is about to happen. During the forthcoming General Assembly in Barcelona, we will plan a continuation of campaigns and actions that were promoted in recent years, such as the Cannabis Social Clubs. And in the near future Encod hopes to carry out a first experiment of fair trade coca tea that will be ecologically produced in Bolivia and commercialised in Europe, based on a direct contact between producers and consumers, through completely legal channels.

By Alessandra Viazzi

P.S.

ENCOD NEEDS YOUR SUPPORT:

Account: 001- 3470861-83 Att. ENCOD vzw - Belgium

Bank: FORTIS, Warandeberg 3, 1000 Brussels

IBAN: BE 14 0013 4708 6183

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