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LEAP on the Hill: Stories from Week of August 15, 2008

I would like 3-5 minutes of your time: The past 5 months I have been making my second round of meetings with House staffers. Usually we met for the first time 1-2 years ago. Since they do not need a whole presentation, I just ask for a few minutes to give them some updates and renew our relationship. Many dozens of times they have engaged me in conversation and the ‘3-5 minute’ meetings turn into 20-25 minutes. As much as the ‘universe’ conspired to help Misty and me cross North America, now it seems the universe is conspiring to help me succeed in Washington. Even as ‘everyone’ tells me I have lifetime employment on this issue, I am thoroughly encouraged by the significant, positive attitude of staffers. If, IF this damn prohibition lasts another ten years, these staffers often go home to become a state rep or state senator. The LEAP message has become and will remain a part of their overall understanding of drug control strategy. Here is a note from just such a staffer: Mornin Officer Wooldridge, It was great meeting you as well. After we met I went to dinner with a guy who is a City of Chicago police officer, and I raised some of the issues that we talked about. Anyways I was surprised to find out that he shared your feelings. Unfortunately, I’m not the one with the vote, but we can take baby steps and steer our nation’s drug policy in the right direction. Indeed ‘small steps’ are taken everyday, often unseen/unknown by me. Help Send Howard back to Texas: As you know, I am working hard to eliminate the need for LEAP. To that end I would like your help. Via Jerry Epstein in Texas idea, I want to begin dropping off to Member of Congress offices articles that appear in local papers that touch the issue. Please send me either electronically or cut out the article and send to me (I will play mailman). Articles should include anything that shows the financial or emotional burdens, police misconduct (drug raid on wrong house, corruption, etc) or really anything which shows that modern prohibition is the most dysfunctional, immoral policy since slavery. When in doubt, send it please. The concept is simple. Make sure the politicians know what their constituents are reading. It is also a great excuse to drop by the office. Staffers (even those I never met) remember the hat, my business card is attached to the article and so on and so on. PS. For you bean counters I have made about 700 presentations since the fall of 2005.

Drug Truth 08/14/08

The Unvarnished Truth About the Drug War From the Drug Truth Network: (To downlad these 29:00 files, click on links below. To simply listen, go to www.drugtruth.net and select the arrow below the shows description.) Cultural Baggage for 08/13/08 Philippe Lucas of the Vancouver Island Compassion Society discusses drug war tactics of US, Canada and the UN + Terry Nelson of Law Enforcement Against Prohibition MP3 LINK: http://www.drugtruth.net/cms/?q=audio/download/2006/FDBCB_081308.mp3 TRANSCRIPT: (To be posted by Friday) Century of Lies for 08/12/08 American Bar Association panel on drugs featuring Judge Arthur Burnett of NAADPC, Jay Rorty of ACLU and Judge Lynn Sharard MP3 LINK: http://www.drugtruth.net/cms/?q=audio/download/2005/COL_081208.mp3 TRANSCRIPT: (Posted on Fri) PLEASE NOTE: We now have transcripts, potcasts, searchability, CMS, XML, sorts by guest name and by organization. Next - Century of Lies on Tues, Cutural Baggage on Wed, listen online at www.kpft.org: - Cultural Baggage 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: TBD - Century of Lies 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: TBD Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org and at www.radio4all.net. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US, Canada and Now Australia!!! Programs produced at Pacifica Radio Station KPFT in Houston. www.kpft.org Check out our latest videos via www.youtube.com/fdbecker: More than 55 Drug Policy Videos online) Please become part of the solution, visit our website: www.endprohibition.org for links to the best of reform. "Prohibition is evil." - Reverend Dean Becker, Drug Truth Network Producer Dean Becker 713-849-6869 www.drugtruth.net

The Sentencing Project: Disenfranchisement News/Updates 8/14/08

National: "New Constituency" Targeted as Election Day Approaches Florida civil rights lawyer Reggie Mitchell, Alabama activist Rev. Kenneth Glasgow and various grass-roots groups around the nation are trying to register tens of thousands of newly eligible citizens with felony convictions for the upcoming election. "They have taken up the cause on their own, motivated by the belief that former offenders have been unfairly disenfranchised for decades," the Washington Post reports. Mitchell said the state's former disenfranchisement policy that banned all citizens with felony convictions from voting offended his notion of justice. "You can serve your time and still have your rights taken away," he stated of the former policy which was changed last year to allow those with non-violent offenses and paid restitution to vote. "I studied the history of black disenfranchisement in the state. We had the grandfather laws and the tissue-paper ballots. When a black man came to vote, they gave him a tissue-paper ballot that was later thrown out. There were lynchings and riots. We've got a long history of depriving people of the right to vote in Florida." Commenting on the Post's coverage, the American Prospect posted a blog entry that begged for a logical response to continuing antiquated disenfranchisement laws. "Such laws are Constitutionally suspect. If someone has fulfilled their legal obligations in prison, why are they still being punished after release? Why do former felons lose the right to act politically in their own self-interest once they are supposedly free? What, exactly, is Constitutional about depriving American citizens of one of their most basic civil rights? How does disenfranchising the formerly incarcerated encourage them to be productive members of society? Most ridiculous is the presumption that such laws are 'tough on crime.' How does preventing ex-felons from voting prevent crimes from being committed?" For additional coverage, read the Daily News Record. In the summer edition of the National Urban League's Opportunity Journal, Kara Gotsch, The Sentencing Project's Director of Advocacy, wrote: "[E]xcluding David Waller from the voting booth [because of his felony conviction] did not just punish him and his family, but everyone who believes in an inclusive democratic society." She tells the story of Waller from Baltimore, Maryland, who registered to vote last year when Governor Martin O'Malley signed a law automatically restoring voting rights upon completion of sentence. Entitled, "Voting Rights Movement Continues for Citizens with Felony Convictions," the piece also highlights the devastating impact of state felony disenfranchisement laws and the momentum to change them. Florida: Automatic Restoration is in the Governor's Hands Mark Schlakman offers several suggestions and steps that Florida can take to ensure that citizens with felony convictions can regain their voting rights upon completion of sentence. In a St. Petersburg Times commentary. Schlakman recommends that Gov. Charlie Crist, who has already helped restore rights to nonviolent offenders who have paid restitution - sign an executive order that would implement provisions of a comprehensive re-entry bill that passed the Senate this year but died in the House. "The three tiers of review that were established by the April 2007 rule changes, which can be cumbersome and costly, could be collapsed into one resembling the approach taken under former Gov. Reubin Askew, simply to verify completion of sentence," Schlakman stated. He further suggested that the government do the following: --The governor and Cabinet should revisit the long-standing clemency rule that requires ex-offenders to pay restitution obligations in full as a precondition for rights restoration. --The governor and Cabinet should readopt a 1975 Rule of Executive Clemency that provided for essentially automatic restoration of rights upon completion of sentence. --The governor and Cabinet should require that civil rights restoration review be initiated before offenders complete their sentences rather than afterward. --The governor should direct the state Division of Elections to provide local elections supervisors with contact information for ex-offenders who have regained their rights to vote to help reach this newly eligible population. Nevada: More Difficulty Ahead A recent policy change in Nevada has made it more difficult for individuals with out-of-state felony convictions to regain the right to vote. Voting rights will be restored by the Nevada Secretary of State only if voting rights were restored in the state where the conviction and release occurred. The Secretary of State now requires individuals to get documented proof that their rights were restored, which can be a difficult task in the state they came from -- and that makes it virtually impossible because "there is just no system in place to get it to them," a K-LAS Eyewitness News editorial stated. "The registrar's letters even re-accuse ex-felons of committing another felony by trying to register to vote." - - - - - - 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.

LEAP on the Hill: Stories from Week of August 8, 2008

How do we get out of here?: Ending my Thursday in the Rayburn House Office Building, I saw a family of four obviously lost. “Where would you like to go?” I asked. “We want to go to the Capitol South Metro station” the wife responded. “You are in luck. I am going that way. Follow me.” I offered. The woman & I had a running conversation, as we went thru the basement passageways of the three buildings (Note: these corridors, elevators and escalators are confusing). A minute or so later she asked what I did. I responded, “You might believe that because I wear the Gucci cowboy hat, Gucci cowboy boots and the Gucci belt buckle that I am that four letter word -- lobbyist. However, I am not - rather I advocate an end to the War on Drugs/Modern Prohibition. “You mean legalize just marijuana, right?” she asked. “No, all of them.” The next five minutes we = the couple and I (their 15 year old son and 10 year old daughter were listening) had a robust discussion. The first two minutes were tough with the usual resistance to hard drugs being regulated by the government. Then the dad asked, “Would legalizing them take away some of the glamour of being illegal, so use would not necessarily go up?” From that moment until I gave them my card and we separated at the Metro, the product nearly sold itself. Having sold several quarts of snake oil that day and many this week, it was a satisfying end to a good week. I will talk to the Congressman about your ideas: Meeting with the aide from a very conservative, Republican, Southern state, he started out with a serious poker face. He broke a small grin, when I asked him to stop giving the police money to wage the drug war. 25 minutes later, we were having a lively chat. Upon leaving, he thanked me for the new concept, new perspective on this issue and promised to brief the Congressman. Note: These conversations which I have all the time with both tourists and staffers reconfirm my experience that support for prohibition is a mile wide and an inch deep, no matter what one’s world view is on other issues.

420 Drug War NEWS 08/11/08

Drug Truth Network Update: 4:20 Drug War NEWS from 90.1 FM in Houston and dozens of radio affiliates in the US and Canada & on the web at www.kpft.org. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US, Canada and Australia. 4:20 Drug War NEWS 08/11/08 to 08/17/08 now online (3:00 ea:) Select online at www.drugtruth.net Sun - Presidential Candidate Ron Paul discusses marijuana laws Sat - Ralph Nader 4/4 Fri - Ralph Nader 3/4 Thu - Ralph Nader, 2/4 Wed - Presidential Candidate Ralph Nader discusses drug war and corporate crime in America 1/4 Tue - Terry Nelson reports for Law Enforcement Against Prohibition Mon - Former Drug Czar Lee Brown speaks to American Bar Association Drug War Panel Next - Century of Lies on Tues, Cutural Baggage on Wed (Now With Transcripts): - Cultural Baggage 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: TBD - Century of Lies 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: TBD Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org and at www.radio4all.net. 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, Drug Truth Network Producer Dean Becker 713-849-6869 www.drugtruth.net

The Sentencing Project: Disenfranchisement News/Updates 8/7/08

Virginia: "There is Some Hope" "Those who have no concern for the plight of former criminals - regardless of how much these individuals have done to turn their lives around - should know that alienating ex-offenders does nothing more than pressure a return to criminal behavior," writes Brandon Patterson, the director of Resource Development at Virginia CARES Inc. in a Roanoke Times commentary. In Virginia, there are approximately 300,000 citizens with previous felony convictions. Because of disenfranchisement laws, they're banned from voting, but Gov. Tim Kaine has expedited the review process for petitioners with non-violent criminal records. Applicants were to submit an application to the Secretary of the Commonwealth by August 1. If their application is approved, they will be able to register for the November election. "The key to turning back voting laws is to empower the individuals affected by them," stated Patterson. Kentucky: Governor's Move to Restore Rights "Makes Every Kind of Sense" Saying they've completed their sentences and paid their debts to society, Gov. Steve Beshear has granted more than 700 "partial pardons" to citizens with felony convictions over the last five months, allowing them to vote, the Associated Press reported on July 29. "The primary goal of the corrections system is to rehabilitate those who have committed crimes and return them as contributing members to society," said Gov. Beshear. The move also restores the right to serve in office, but not to possess firearms. "Beshear has done the right thing. Now the General Assembly should follow his lead," states a Lexington Herald-Leader editorial on the governor's efforts to make voting more attainable for citizens with felony records. Formerly, citizens seeking vote restoration were required to submit an essay and three letters of recommendation before former Gov. Ernie Fletcher would even consider restoring voting rights. As a result, few Kentuckians regained their right to vote, the Herald-Leader stated. Earlier this year, Gov. Beshear eliminated that requirement and extended the time prosecutors have to protest a petition. He's since restored voting rights to 790 people and denied requests to 56 based on objections by prosecutors. During Fletcher's four years in office, voting rights were restored to 1,098 citizens. During the last session of the General Assembly, the House passed a bill that would automatically restore voting rights upon sentence completion, but it died in the Senate. Following suit, the Courier Journal editorial board also supported Beshear's efforts stating that, "it makes every kind of sense for Gov. Steve Beshear to have restored voting rights" to these individuals. "Giving convicts a stake in decent society, and its democratic processes, is not only the just thing to do but the smart investment to make." Tennessee: Voting While (Unknowingly) Disenfranchised While activists push for voting rights restoration, the state is tracking down voters who have illegally cast ballots over the years - because they hadn't realized their rights hadn't yet been restored, according to the Leaf Chronicle. The article reports that the Tennessee Department of State Election Division actively tracked individuals with felony records. Larry Neal was arrested even though he filed to have his rights restored in 1999 and has voted since 2001. "He had made efforts to reinstate his voting rights and had got confused - it wasn't intentional" said Public Defender Crystal Myers. Neal's case was eventually dismissed, but there continues to be a discrepancy in people's understanding of the policy. In fact, Myers said many of her clients with felony convictions who may be receiving food stamp benefits registered to vote through the Department of Human Services. Terry McMoore, of the ACLU of Tennessee, is working to get legislation passed to streamline the re-enfranchisement process. "It really bothers me," said McMoore. "We're trying to get the voter rights restored, and it's been simplified ... but that's another felony charge and you have to start all over again." Pennsylvania: Preventing Disenfranchisement A panel discussion sponsored by the YWCA's Downtown office of Racial Diversity and Inclusion in Pittsburgh focused on re-enfranchisement efforts on behalf of formerly incarcerated citizens. Politicians, journalists, and advocates attended the event as panelists and attendees to discuss how to better educate the community at large on voting rights, working polls and registering jail inmates and individuals with felony records, according to a Pittsburgh Courier article. " Anything that prohibits the vote of the public should be challenged," said Tim Stevens, a panel participant and founder and chairman of the Black Political Empowerment Project. "Anytime the government starts discussing new policies for voting, it should raise a red flag for society." Panelists described state laws that allow those incarcerated for a misdemeanor or on parole or probation (with the exclusion of being a resident of a halfway house) to vote. Those incarcerated with misdemeanors are required to use an absentee ballot. "We don't want the most vulnerable to be disenfranchised because they are vulnerable," said Celeste Taylor of the Black Political Empowerment Project. "We must be vigilant and persistent in helping each other." National: Punishment Versus Basic Rights Marc Mauer, Executive Director of The Sentencing Project and Roger Clegg, President and General Counsel of the Center for Equal Opportunity, debated each other on disenfranchisement in the Washington Examiner. Mauer's argument stated two key reasons to oppose disenfranchisement: "First, in a democracy everyone's voice should count; we should be wary of any attempt to restrict the right to vote based on perceived political views, loyalty or behavior. In fact, there is no evidence that people with felony convictions have significantly different views on defense policy, taxation, abortion or any other issue of concern to most Americans. Voting is also important for reasons of fairness and public safety. People living in the community on probation or parole supervision, or who have completed their felony sentence, are subject to all the obligations and responsibilities of other citizens. They work, pay taxes and support their children. Denying them the right to vote only communicates a message of second-class citizenship." Clegg's response stated that some felons should be allowed to vote, but be based on the seriousness of the crime, how long ago it was committed and the rehabilitation of the released citizen. "To participate in self-government, you must be willing to accept the rule of law. We don't let everyone vote; children, noncitizens and the mentally incompetent don't. Voting requires certain minimum, objective standards of trustworthiness, loyalty and responsibility, and those who have committed serious crimes against their fellow citizens don't meet those standards." Nicole Kief, state strategist for the ACLU Racial Justice Program wrote a blog offering an historical overview of voter disenfranchisement in addition to the successes advocates in several states have gained recently. She writes: "Felony disfranchisement's nasty roots in voter suppression should remind us that promoting access to the polls for all eligible voters is fundamental to the health of our democracy." Florida: Continue Momentum, Disband Disenfranchisement Contesting a Palm Beach Post editorial which praised Gov. Charlie Crist's efforts to restore voting rights to 115,000 citizens with felony offenses, Mark Schlakman pointed out several misleading claims featured in the piece. According to the Parole Commission, Schlakman stated, the 115,000 individuals whose rights were restored "included about 90,000 cases that date back to the early '80s and about 25,000 more recent cases pending final action by the board. Therefore, the 115,000 figure appears to be at least somewhat illusory." He also pointed out that more than 300,000 older rights restoration cases identified by the Department of Corrections for review last spring were deemed ineligible under the new rules. Schlakman further broke down the administrative process: the Florida Department of Corrections transmits the names of about 4,000 additional ex-offenders to the Parole Commission for rights restoration review each month after they are released or their probation is terminated. The reality is that the rights restoration process must be reengineered to address the public interest and the needs of ex-offenders. "With another stroke of his pen, Gov. Crist, with support from at least two Cabinet members, could restore the civil rights of many more ex-offenders who have completed their sentences, enabling them to register to vote. Only then will the rights restoration process reflect the fundamental fairness that the governor has been talking about," Schlakman concluded. Prior to last year's policy change, an average of about 7,000 persons got back their rights each year, according to the News-Press. There are now currently 1,000 cases that come in monthly and 57,000 cases await eligibility notice. Marshall Bland recently received his eligibility notice. "It's something that I thought would never happen," he said. "Now I'm going to do everything in my power to give back to my community. And voting can help." Still, the News-Press and the Florida Times-Union reported many do not know that their rights have been restored, or know about the policy change. "I walked around with my head down, thinking I can't vote," a newly restored voter, Charles Russell, was quoted as saying in the Florida Times- Union. "Come to find out, it's a totally different story. I can voice my opinion now instead of being pushed back in a corner." In an effort to continue momentum and completely erase disenfranchisement practices in the state, the Florida Rights Restoration Coalition (FRRC) held its statewide annual convention in Tampa, where police, advocates, professors and formerly incarcerated individuals discussed the ramifications of losing civil rights. FRRC is pushing for an amendment on the statewide ballot that would automatically restore voting rights, WMNF 88.5 FM reported. Also in support of reform is Alachua County Commissioner Cynthia Chestnut who is encouraging all residents to register to vote and update addresses, the Gainesville Guardian reported. "I'm very pleased that felons that have paid their debt to society have the opportunity to vote and make a difference in the elections" Chestnut was quoted as saying. "It's imperative for felons to know and follow through in the process to get their voting fully restored." Alabama: Father, Son Disagree on Disenfranchisement Policy in Op-ed A father and son battle out the issue of disenfranchisement in a pro-con op-ed featured in the Montgomery Advertiser. Mel Cooper Sr., the retired executive director of the Alabama Ethics Commission supports disenfranchisement while his son, Mel Cooper Jr., president of an online consulting firm, asks his father why Annette McWashington Pruitt of Birmingham should lose her rights because of a 2003 felony conviction for receiving stolen property. "Before you answer, Dad, you should know that Ms. Pruitt apparently is not one of those apathetic (non-)voters you were moaning about a few weeks ago. She really does want to vote and had every intention of showing up at her local voting precinct on Election Day like every other citizen in Jefferson County," wrote the son. The father responded: "Well, Son, without even knowing which major crime Ms. Pruitt violated, I cannot work up any sympathy for her, nor can I reward her for having served a prison term by restoring her right to vote in any election." - - - - - - 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.

Drug Truth Update 08/07/08

The Unvarnished Truth About the Drug War From the Drug Truth Network: (To downlad these 29:00 files, click on links below. To simply listen, go to www.drugtruth.net and select the arrow below the shows description.) Cultural Baggage for 08/06/08 American Bar Association panel on drug reform with Judge Arthur Burnett and former Drug Czar Lee Brown + Poppygate report from Glenn Greenway & Drug War Facts with Doug McVay MP3 LINK: http://www.drugtruth.net/cms/?q=audio/download/1997/FDBCB_080608.mp3 TRANSCRIPT: (To be posted by Friday) Century of Lies for 08/05/08 Marijuana: Threat or Menace? Featuring Congressmen Barney Frank & Ron Paul + Bruce Mirken of the Marijuana Policy Project, Terry Nelson of Law Enforcement Against Prohibition and an extract from a BBC report featuring author Misha Glenny MP3 LINK: http://www.drugtruth.net/cms/?q=audio/download/1996/COL_080508.mp3 TRANSCRIPT: (Posted on Fri) PLEASE NOTE: We now have transcripts, potcasts, searchability, CMS, XML, sorts by guest name and by organization. Next - Century of Lies on Tues, Cutural Baggage on Wed, listen online at www.kpft.org: - Cultural Baggage 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: TBD - Century of Lies 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: TBD Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org and at www.radio4all.net. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US, Canada and Now Australia!!! Programs produced at Pacifica Radio Station KPFT in Houston. www.kpft.org Check out our latest videos via www.youtube.com/fdbecker: More than 55 Drug Policy Videos online) Please become part of the solution, visit our website: www.endprohibition.org for links to the best of reform. "Prohibition is evil." - Reverend Dean Becker, Drug Truth Network Producer Dean Becker 713-849-6869 www.drugtruth.net

Americans for Safe Access: August Activist Newsletter

Calif. Appellate Court Upholds Medical Marijuana Law

ASA Defeats County Challenge; San Diego Wants Supreme Court Review

An appeals court has ruled that California's medical marijuana laws must be implemented. A handful of counties had challenged the ID card program the state legislature established, saying that federal prohibition trumped state law. That challenge was rejected by a judge in 2006 and again by an appeals court this month. In both instances, the courts sided with attorneys from Americans for Safe Access, the ACLU and the California Attorney General's office, who all argued that federal and state laws can exist side by side.

ASA Chief Counsel Joe Elford ASA Chief Counsel Joe Elford

In a unanimous opinion, the Fourth District Court of Appeal ruled that federal law does not preempt the state's medical marijuana program. Nonetheless, San Diego County supervisors have voted to appeal the decision to the state Supreme Court.

"This is a huge win for medical marijuana patients, not only in California, but across the country," said Joe Elford, Chief Counsel of Americans for Safe Access, who argued before the appellate court on behalf of patients. "This ruling makes clear the ability of states to pass medical marijuana laws with an expectation that those laws will be upheld by local and state, if not federal, officials."

San Diego County officials filed suit against the state in 2006, hoping to avoid implementing the medical marijuana ID card program mandated by state law. They were originally joined by Merced and San Bernardino counties in arguing that California's medical marijuana laws were not valid because federal laws prohibiting all marijuana use supercede any state law. Merced abandoned the challenge and began implementation after losing in superior court later that year.

In rejecting that argument, Justice Alex McDonald wrote for the court that the federal Controlled Substances Act (CSA) "signifies Congress's intent to maintain the power of states to elect 'to serve as a laboratory in the trial of novel social and economic experiments without risk to the rest of the country' by preserving all state laws that do not positively conflict with the CSA."

ASA argued on behalf of the interests of patients in the original case and the appeal, filing briefs along with the ACLU Drug Law Reform Project. Officials from the City of San Diego broke with their county counterparts and filed an amicus 'friend of the court' brief in the appeal, siding with the Attorney General and medical marijuana patient advocates.

"More than eleven years after the passage of Proposition 215, it's about time that we all got on the same page with regard to medical marijuana and the protections afforded by California law," said Elford. "With two appellate court decisions clearly stating that federal law should not be an excuse to avoid enforcing state law, it is now time for full implementation in California."

In March, the California Supreme Court denied review of City of Garden Grove v. Superior Court, another appellate court case that found the state's medical marijuana law was not preempted by federal law.

ASA will be launching a campaign soon to educate elected officials across the state about their obligation to implement state law, in particular the state ID card program, and the benefits of doing so for both law enforcement and medical marijuana patients.

 

 

 

Federal Legal Confusion Yields Conviction

Dispensary Owner Obeyed State and Local Laws but Faces Five Years in Prison

The closely watched federal trial of a California medical marijuana dispensary owner has resulted in guilty verdicts on all counts. Charlie Lynch, 46, faces a minimum of five years in prison, even though he operated his dispensary legally under state law, complied with regulations set by Morro Bay city officials, and contacted federal authorities about his plans.

Charlie Lynch cutting the ribbon on opening day Charlie Lynch cutting the ribbon on opening day

Lynch, a successful software developer with no prior criminal record, sought and received a business license from the city and was welcomed to the local Chamber of Commerce. Central Coast Compassionate Caregivers was open for 11 months before federal agents raided it on March 29, 2007.

"It is a huge waste of taxpayer resources for the federal government to spend millions of dollars attacking someone who was abiding by local and state law in every respect," said ASA Chief Counsel Joe Elford. "It is shameful and a tragedy for Mr. Lynch and his patients."

Federal medical marijuana trials typically forbid any mention of state or local laws, or even the medical conditions of the patients. But attorneys' for Lynch persuaded the judge to allow limited testimony from the Morro Bay mayor and city attorney, as well as Lynch's own account of attempts he made to operate within the law.

Lynch testified that he called federal authorities on four occasions to find out if he could legally open a dispensary. He claims a DEA agent told him it was up to state and local laws, and he has the phone records to prove that he at least made the call. Lynch's federal public defenders argued that this amounted to a legal assurance, and that the jury should find that any violations of federal law were the result of entrapment.

But the jury foreman told an ASA volunteer that jury was not persuaded by Lynch's contact with the DEA because he could not provide names of the people he spoke with. Lynch's discussed those conversations with an attorney before opening the dispensary, but the attorney was not allowed to testify.

During the week-long trial, Lynch testified that he did everything he could to make sure his activities were within the law. His federal public defenders introduced evidence showing that he maintained scrupulous records and enforced an uncompromising ethical code of conduct for his employees. Federal prosecutors allege that he was concerned only with profits and that some of the patients to whom he sold marijuana were under 21, an offense that carries federal sentencing enhancements.

Lynch attempted to call one of those patients to the stand as a character witness. Owen Beck, a 17-year old bone cancer survivor, appeared in court with his parents, who had always accompanied him on his visits to the dispensary, per city regulations. But after hearing that the marijuana Beck bought was being used on the advice of his Stanford oncologist, Judge George Wu ruled his testimony inadmissible. Beck's father told reporters that Lynch had never asked for or received payment for the cannabis he provided Owen.

Though Lynch was in full compliance with state and local law, the federal investigation against Lynch was supported by San Luis Obispo Sheriff Pat Hedges. Hedges is being sued by a former patient of Lynch's for seizing her medical records in the raid.

Soon after the raid, Lynch reopened his dispensary. The next month, Lynch's landlord was threatened by the DEA with forfeiture of his property unless he evicted Lynch, leading to the dispensary's closure in May 2007.

Lynch was found guilty of conspiracy to possess and possession with intent to distribute marijuana and concentrated cannabis, manufacturing marijuana, knowingly maintaining a drug premises, and sales of marijuana to a person under the age of 21.

Lynch is currently scheduled to be sentenced on October 20. For more on the Lynch case and what you can do about it, see ASA's blog at www.AmericansForSafeAccess.org/Lynchblog.

4:20 Drug War News 080408 + Blackwater "PSA"

Drug Truth Network Update: 4:20 Drug War NEWS from 90.1 FM in Houston and dozens of radio affiliates in the US and Canada & on the web at www.kpft.org. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US, Canada and Australia. 4:20 Drug War NEWS 08/04/08 to 08/10/08 now online (3:00 ea:) Select online at www.drugtruth.net Sun - Poppygate Report with Glenn Greenway + BLACKWATER "PSA" Sat - Judge Arthur Burnett, director of National African American Drug Policy Coalition & Jay Rorty, Deputy Director of ACLU Drug Law Reform Project Fri - Professor Marie Gottschalk, 2/2 Thu - Professor Marie Gottschalk, author: "The Prison and the Gallows: The Politics of Mass Incarceration" 1/2 Wed - Bruce Mirken of the Marijuana Policy Project regarding potential changes to federal marijuana laws Tue - Terry Nelson of Law Enforcement Against Prohibition reports on federal tactics against medical marijuana Mon - US Representative Barney Frank discusses a new marijuana bill that would decriminalize small amounts under federal law + BLACKWATER "PSA" Next - Century of Lies on Tues, Cutural Baggage on Wed (Now With Transcripts): - Cultural Baggage 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: TBD - Century of Lies 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: Marijuana, Threat or Menace? Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org and at www.radio4all.net. 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, Drug Truth Network Producer Dean Becker 713-849-6869 www.drugtruth.net

LEAP on the Hill: Stories from Week of August 1, 2008

“I’m just a city slicker with a cowboy hat.” In the fall of 2003 Joan Covici of Dallas invited me to lunch, wanting to hear stories of riding Misty across North America. She then asked about my future plans. I told her of one day, going to Washington, DC and become a lobbyist but I expressed doubts if I would be effective. “I’m just a city slicker with a cowboy hat.” “Stop right there.” She commanded. “First, you can not ride a horse across a continent and still claim to be a city slicker. Second, your self-deprecation will limit yourself self-esteem and you will set goals that are too low. You are a powerful individual and can move this issue at any level.” Resistance to this sage analysis was, futile. The words of this wise woman generated a lot of thought and it did not take me long to adopt them. “It’s just a high sidewalk in the sky Misty. No problem for you girl.” The 1928 tall bridge crossing of the Mississippi at Cape Girardeau on our journey across North America coincided with reaching the 1000 mile (1600 KM) mark to become a Long Rider. What a day! This past Wednesday I felt the same ‘now I can do/handle anything’ feeling. I spoke for (the maximum) three minutes (text below) to 130 conservative, VIPs at the Center Right Coalition brunch. Suffice to say, I recognized 4-5 persons I had seen on TV. There were five candidates for Congress, etc. A dozen or so attendees thanked me for having the courage to oppose modern prohibition. Later I learned that my inviter, Grover Norquist, was pleased with my presentation. That night Mr. Norquist invited me and 300 of his closest friends to a private screening of the film‘Swing Vote.’ I met another Bush, political appointee who will return to a private think tank come January (and support the LEAP position, BTW). After 4 months in Austin, Texas, after two years in DC, after 700 presentations to Hill staffers, many hundreds of chats with all sorts of folks & with the help, support and advice of many colleagues in reform, I am no longer a Rookie, rather a Journeyman. We are moving this policy into the history books. Thank you Joan for helping me set my sights higher. BTW, Conservative MOCs are worth their weight in gold: In chatting with an aide of the House Judiciary Committee this week, I confirmed that focusing on and bringing Republicans & conservatives into the LEAP boat more valuable than a Dem(Democrat). The Rs (Republicans) will always hold the high ground on crime & drug issues in US. -------------------------------------------------------------------------------- WAR on DRUGS! Modern Prohibition! How is that working for us in America? This liberal policy which uses the threat of government punishment, backed with govt police, prosecutors and prisons..... Is it reducing our crime?......is it reducing rates of death and disease? Is it keeping drugs and drug dealers away from our kids? Is this modern prohibition consistent with the ideals of Life, Liberty and the Pursuit of Happiness? NO!! Our children live in a world awash in drugs and drug dealers. Is it time for a robust discussion? I challenge you to state one sensible, cogent reason to continue this policy. Post Prohibition: Envision an America where there are no teen drug dealers on sidewalks selling drugs, shooting each other and destroying neighborhoods. Imagine a world where all drugs are sold in a state-regulated store by a clerk making 12 dollars an hour. See a world where al Qaeda and other terrorists groups do not make billions guarding the drug trade and selling drugs. Think of an America where crime is reduced by half which allows the police to focus on the deadly DUI, the child predator and other public safety threats. Envision the positive outcomes of redirecting the 70 billion tax dollars currently spent chasing non-violent drug users & their suppliers. See a world where, if one day you or a loved has a drug problem, you see a doctor not a judge. This world is possible when we find the courage to end the Modern Prohibition. As a police officer, I spent 18 years in the trenches of the drug war in the 70s, 80s and 90s. I always believed that the policy was dysfunctional and ultimately immoral. Drug policy should be centered on these 5 conservative principles: Individual Liberty: an adult should be free to be as stupid as they wish to be in the privacy of their own little castle. Personal Responsibility: If an adult makes a bad choice, suck it up. Limited Government: Sending government agents, AKA police officers into your home to arrest you for a consensual act is NOT consistent with limited govt intrusion into your life. Effective Government: After a trillion tax dollars spent, drugs are cheaper, stronger and readily available to our kids. This has been a Bridge To Nowhere policy. States Rights: Like alcohol & gambling, all drugs should be a matter for the states to decide. I ask you to join the spirits of William F. Buckley and Milton Friedman. Help LEAP end this disastrous modern prohibition.