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Americans for Safe Access: May 2008 Activist Newsletter

California Medical Marijuana Employment Rights Bill Advances

Legislation Moves to Assembly with Committee Approvals, Union support

An ASA-sponsored bill that would establish employment rights for medical marijuana patients in California advanced through the state Assembly last month. With support from three unions representing nearly 1 million workers in California, AB 2279 passed through both the Assembly's Labor and Employment and Judiciary committees on party-line votes. The bill will be voted on next by the Assembly, before passing to the state senate and then the governor's desk.

The new employment rights bill prohibits discrimination against patients but leaves intact existing state law prohibiting medical marijuana consumption at the workplace and protects employers from liability by allowing exceptions for jobs where physical safety could be a concern.

California joins Oregon and Hawaii in considering laws to protect medical marijuana patients from employment discrimination.

ASA Chief Counsel Joe Elford ASA Chief Counsel Joe Elford

"We're grateful for the support of the state legislature in preserving the rights of patients to work and be productive members of society," said ASA Chief Counsel Joe Elford. "With the jobs of thousands of sick Californians hanging in the balance, we are hopeful that the full Assembly will act in similar fashion to the Labor and Judiciary Committees."

ASA lobbying for the bill helped garner the endorsement last month of the statewide California Labor Federation, Service Employees International Union (SEIU) and the American Federation of State, County and Municipal Employees (AFSCME), all powerful unions whose voices in defense of workers are listened to in California's capital. ASA also secured support from the National Lawyers Guild and several HIV/AIDS advocacy organizations.

Introduced in February by Mark Leno (D-San Francisco) and sponsored by ASA, AB 2279 is designed to rectify a January ruling by the California Supreme Court that found employers can fire patients for using medical marijuana, even when they are entitled to do so under state law. That landmark case, Ross v. RagingWire, was argued before the supreme court by ASA's Elford.

Gary Ross Gary Ross, speaking to the media

Assemblymember Leno and the other authors of California's Medical Marijuana Program Act (SB 420) had filed a 'friend of the court' brief in support of Gary Ross, the engineer who lost his job at RagingWire Telecommunications in 2001 after failing a drug test. Ross had told his employer that he used medical cannabis on his doctor's advice to treat injuries sustained during his military service, but RagingWire terminated him anyway.

The legislation that would reverse the Ross decision has moved quickly because Assemblymember Leno and ASA were prepared for an adverse ruling by the court, having begun drafting the bill last year. In addition to Assemblymember Leno, the bill's co-authors are Patty Berg (D-Eureka), Loni Hancock (D-Berkeley) and Lori Saldaña (D-San Diego). More about the bill can be seen at www.AmericansForSafeAccess.org/AB2279.

ASA has received hundreds of reports of employment discrimination in California since 2005. Employers that have been accused of discriminating against patients include Costco Wholesale, UPS, Foster Farms Dairy, DirecTV, the San Joaquin Courier, Power Auto Group, as well as several construction companies, hospitals, and various trade union employers.

New Patient Bill in Congress

In other legislative news, a new bill to protect medical marijuana patients is also being considered in Washington, DC.

Representative Barney Frank (D-MA) introduced the "Medical Marijuana Patient Protection Act," HR 5842 last month. The act would change federal policy on medical marijuana in a number of ways.

It would reclassify marijuana to make it available by prescription and create a regulatory framework for the FDA to begin a drug approval process for marijuana. The act would also prevent interference by the federal government in any local or state run medical marijuana program.

The bill is co-sponsored by Representatives Maurice Hinchey (D-NY), Sam Farr (D-CA), Dana Rohrabacher (R-CA), and Ron Paul (R-TX).

Hands Off Cain Daily eNewsletter - IRAN: 12 CONVICTS HANGED

[Courtesy of Hands Off Cain] In this issue: IRAN. 12 CONVICTS HANGED NORTH CAROLINA (USA). DEATH ROW INMATE WALKS FREE-129TH EXONERATION DRC. FIGHTING TO ESTABLISH THE UNCONSTITUTIONALITY OF THE DEATH PENALTY SAUDI ARABIA. 3 PAKISTANIS EXECUTED FOR HASHISH SMUGGLING IRAN. 12 CONVICTS HANGED Drug traffickers after being executed in Iran May 5, 2008: Iran has hanged 12 convicted criminals, including nine drug traffickers and three rapists, the latest in a growing number of executions in the Islamic republic, reports said. Nine drug traffickers were hanged, one of them in public, in the northeastern city of Bojnourd, Kayhan newspaper reported, without giving the date of the executions. This appears to be the first report of a public execution in Iran since judiciary chief Ayatollah Mahmoud Hashemi Shahroudi ordered in January that there should be no more public executions without his approval. "One person was hanged in public," said Kayhan, without giving further details. Shahroudi's decree came after a growing number of public executions in Iran, including the hanging of two convicted murderers in the centre of Tehran. It was not clear if he had approved the reported public execution in Bojnourd. Meanwhile, three criminals convicted of kidnapping and raping at least 11 girls were sent to the gallows in the southwestern city of Ahvaz on May 3, the Quds newspaper reported. -------------------------------------------------------------------------------- NORTH CAROLINA (USA). DEATH ROW INMATE WALKS FREE-129TH EXONERATION May 2, 2008: The state of North Carolina dropped all charges against Levon Jones, and he was freed after spending 13 years on death row. U.S. District Court Judge Terrence Boyle overturned Jones's conviction two years ago, but he was held in prison awaiting a possible retrial until prosecutors announced that they were dismissing all charges. Judge Boyle criticized Jones's defense attorneys for "constitutionally deficient" performance, noting their failure to research the history and credibility of Lovely Lorden, the prosecution's star witness. The judge noted, "Given the weakness of the prosecution's case and its heavy reliance on the testimony of Lovely Lorden, there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." In April, Jones's new defense team filed an affidavit in which Lorden said, "Much of what I testified to was simply not true." She also stated that a detective coached her on what to say. Additionally, she collected $4,000 from the governor's office for offering the clues that led to the arrest of Jones. Jones's retrial was set to begin May 12th, 2008. Duplin County District Attorney Dewey Hudson decided to ask the judge in the case to drop all charges. Jones was originally convicted of robbing and shooting a bootlegger named Leamon Grady. Levon Jones is the 129th inmate to be exonerated and freed from death row since 1973. He is the 8th such inmate freed from North Carolina, and the 6th person in the country exonerated in the past 12 months. -------------------------------------------------------------------------------- DRC. FIGHTING TO ESTABLISH THE UNCONSTITUTIONALITY OF THE DEATH PENALTY Liévin N'Gondji May 1, 2008: ongoing penal code reform in the Democratic Republic of Congo is giving abolitionists the chance to have the death penalty recognised as unconstitutional. The current Democratic Republic of Congo constitution, in place since early 2006, recognises the "right to life" and the "inviolable nature of human beings". A proposition for an article explicitly abolishing the death penalty was rejected by the national parliament during the text's elaboration in 2005. "We have submitted two requests, one to the director of public prosecutions' office and a second to the Ministry of Justice" to formally establish the unconstitutionality of the death penalty, explains Liévin N'Gondji, a lawyer and president of Culture for Peace and Justice (CPJ), member of the World and Congolese Coalitions against the death penalty. Thanks to international aid, the DRC's judicial system is being reformed and donors financing the project have invited CPJ to participate in the joint justice Commission, principally responsible for revising the penal code. N'Gondji estimates that "approximately three quarters of those present were in agreement" with his position on the unconstitutionality of capital punishment. According to N'Gondji, the Commission will make its recommendations to the government by the end of May. The latter should then make a decision quickly. "The next three months will be crucial", he believes. -------------------------------------------------------------------------------- SAUDI ARABIA. 3 PAKISTANIS EXECUTED FOR HASHISH SMUGGLING May 1, 2008: Zargar Sadajan, Roajan Sodajar, and Naik Mohammed Malak Mohammed, all Pakistanis, were executed in Riyadh, Saudi Arabia, after being convicted of receiving large quantities of hashish. A statement released by the Saudi Interior Ministry confirmed that the men were convicted by the court, and the verdict was approved by the Cassation Court and the Supreme Judicial Council.

4:20 Drug War Update: 05/05/08

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 and Canada. 4:20 Drug War NEWS 05/05/08 to 05/11/08 now online (3:00 ea:) Select online at www.drugtruth.net Sun - Sasha & Ann Shulgin discuss their friendship with Dr. Albert Hofmann Sat - Congressman Barney Frank re history of drug war Fri - Congressman Barney Frank re need to contact our elected officials Thu - Corrupt Cop Story with Phil Smith + North Dakotan busted for Salvia Wed - Drug War Facts with Doug McVay & Offical Government Truth with Winston Francis Tue - Poppygate Report with Glenn Greenway Mon - Congressman Barney Frank discusses two marijuana bills before Congress 1 Next - Century of Lies on Tues, Cutural Baggage on Wed (Now With Transcripts): PLEASE, Check Out the Transcript with Dr. Donald Tasking of National Institute on Drug Abuse (NIDA) at: http://www.drugtruth.net/cms/?q=node/1842#comments - Cultural Baggage 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: Clarence Bradford, Frm Police Chief of Houston, running for District Attorney - Century of Lies 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: Dr. Sasha & Ann Shulgin 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 the Week of May 2, 2008

[Courtesy of LEAP] Resistance is futile: “I agree we need to end the policy but how can we sell it to the District?”* These words I heard during two of the seven presentations I gave today. They reflect the constant progress, if glacial speed, I have seen since late 2005. What do I hear less of? “So, just let kids buy heroin like candy bars?!” “It is working a little bit” “Drug arrests do make a small dent!” “if we just kill every drug dealer” & my all-time favorite heard in several Republican offices, “Do you not believe that the state has an obligation to provide moral guidance? And taking drugs is immoral.” As I have said, if the aides could vote, the War on Drugs is over today. Aides often do, to a greater or lesser degree, reflect the viewpoint of the MOC. How does Howard motivate an aide to carry water to the boss? My presentation (now done 600+ times) has changed a bit, a little added, a little subtracted over two years. Below is how I know that the ‘package’ delivered made an impact. From a staffer this week in response to my thank you note: “Thank you so much, Howard! I, too, enjoyed our chat. It was nice to see you again. I look forward to expressing LEAP’s very compelling arguments to the congressman and look forward to hearing from you again soon. Best regards, Robert P.S. Very nice horse! Also, it’s very cool that you speak Spanish, French and German! Quite impressive indeed…” Riding a horse across North America and speaking three foreign languages have absolutely nothing to do with drug prohibition. What they provide is a ‘head snap’ and make the cowboy (and the issue) memorable. BTW, my new business card will have my name as Howard ‘Cowboy’ Wooldridge. I am tired of writing it on the back at conferences. Small steps

Drug Truth Update 05/01/08

The Unvarnished Truth About the Drug War From the Drug Truth Network: - Clarence Bradford, DA Candiate of Houston joins us next Wednesday, live on the Cultural Baggage show - (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 04/30/08 Tribute to Dr. Albert Hofmann with Dr. Rick Doblin, Phil Smith reports from Mexico, North Dakotan busted for salvia + Poppygate Report with Glenn Greenway MP3 LINK: http://www.drugtruth.net/cms/?q=audio/download/1869/FDBCB_043008.mp3 TRANSCRIPT: (To be posted by Friday) Century of Lies for 04/29/08 US Representative Barney Frank discusses marijuana bills now before US Congress + Fred Gardner seeks input from veterans, Corrupt Cop Story with Phil Smith & "Offical Government Truth" with Winston FrancisMP3 Link: http://www.drugtruth.net/cms/?q=audio/download/1868/COL_042908.mp3 TRANSCRIPT: http://www.drugtruth.net/cms/?q=node/1868#comments US Rep Barney Frank: "I think when young people look at the system one of the great hypocrisies they see is this smoking marijuana, or using marijuana is theoretically illegal and then they see the number of so-called respectful people who do it--they don't see any logic to it. I think it's one of the things that leads to disrespect for the law." - Century of Lies 042908 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: Clarence Bradford, Fmr Police Chief, DA Cand - Century of Lies 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: Sasha & Ann Shulgin 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 and Canada. 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

LEAP on the Hill: Stories from Week of April 25, 2008

Doctors make the worst patients: Now in my 12th year in the struggle to end drug prohibition, I tell beginners to pace themselves, don’t go too fast all the time. ‘It is a marathon, not a 100 yard dash.’ My speed the nearly two years on the Hill? Like a 100 meter dash. LOL. This week I received a message from a LEAP member. It caused a profound reaction. It was the catalyst I needed to take my own advice. I rode Misty twice this week, instead of the usual once. I have slowed down = a bit closer to 40/week. My spirit needs the healing time. Thank you James. This is my response to his note: Hello James, Just finished yet another 1 day conference here in DC. One of presenters came up on break to encourage me to continue the anti-prohibition message. Earlier another panelist had told me to focus on what could be done in next 5 years. (and not waste time on the broad policy of drug prohibition). I readily admit that those are the times which try my soul. Later, another VIP in a quiet voice (in private natch) said that my message is vital to be heard. And I shoulder on. I thank you for the kind and encouraging words. I am a pretty tough hombre but this mentality in DC is a killer to the human spirit. Off to the 5 - 7 reception. At least the food is usually excellent. Cowboy

The Sentencing Project -- Disenfranchisement: News/Updates 4/25/08

Pennsylvania: Voter Education Still Necessary on 8-year-old Reform A re-entry group focused on voter education held a class this week to teach 40 formerly incarcerated individuals about their voting rights, the Philadelphia Inquirer reported. Malissa Gamble, founder of A Time for Change, clarified the Commonwealth's felon voting laws. Formerly, Pennsylvania law stipulated that some individuals with felony records had to wait five years after their release before regaining the right to vote. In 2000, civil rights groups challenged the law and the restriction was ended. Organizers believe that many ex-offenders in the Commonwealth don't know they are able to vote. North Carolina: "Proud to Vote" In its election coverage, the Fayetteville Observer interviewed a formerly incarcerated 25-year-old who voted for the first time. Wearing a "Proud to Vote" sticker at the polls, Tyrone Jenkins said of the experience: "It empowers you a lot. You feel like you got a little say in what's going on." Virginia: Legislators, Community Gather to Discuss Right to Vote A panel of Virginian legislators, clergy and formerly incarcerated individuals addressed disenfranchisement this week. "The governor is committed to restoring these rights" and already has done so for 1,340 people so far," said Rev. Adam J. Richardson, bishop of the Second Episcopal District. Nearly 380,000 are disenfranchised in Virginia. The Commonwealth has among the harshest laws nationwide, the Richmond Times-Dispatch reported, and those with felony offenses automatically lose the right to vote. To apply for restoration of rights, those with non-violent offenses must satisfy all court obligations and wait three years before asking the governor for restoration. Others must wait five years to apply. National: Disenfranchisement Reform in Need of More Advocacy Georgetown University freshman Julia Lovett expressed support for felon voting rights in the student publication, The Hoya. Advocacy is needed in an effort to reform voting rights laws and educate individuals about the many under-publicized and confusing laws that do, in fact, grant voting rights in some states. "Without an outlet for civic participation, felons are cast to the fringes of society," Lovett writes. "Democratic rights are a necessary bridge of reintroduction to and rehabilitation within society, fostering a sense of inclusion and responsibility for an individual's community. These ties help counter alienation that encourages crime or repeat offenses." - - - - - - 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 + Barney Frank: 04/24/08

The Unvarnished Truth About the Drug War From the Drug Truth Network: - US Representative Barney Frank joins us next Tuesday, live on the Century of Lies show to discuss his new marijuana bill - (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 04/23/08 Norm Kent of NORML at 420 Fest, Dan Bernath of MPP, Doug McVay with Drug War Facts, Philppe Lucas of VICS & Eddy Lepp - exonerated of largest ever DEA MJ bust MP3 LINK: http://www.drugtruth.net/cms/?q=audio/download/1860/FDBCB_042308.mp3 TRANSCRIPT: (To be posted by Friday) Century of Lies for 04/22/08 Doctor David F. Duncan discusses the lack of valid science to support the policy of drug war + Poppygate Report with Glenn Greenway & DTN satire: "Oil Traders Heads on a Pole" MP3 Link: http://www.drugtruth.net/cms/?q=audio/download/1859/COL_042208.mp3 TRANSCRIPT: (Will be posted Thursday Late Night) "World War Infinity Squared" NEW DTN Tee Shirt Design at http://www.cultural-baggage.com/drugtruth/teeshirt.htm 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: US Rep. Barney Frank, LIVE 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 and Canada. Programs produced at Pacifica Radio Station KPFT in Houston. www.kpft.org Check out our latest videos via www.youtube.com/fdbecker: More than 50 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

LEAP on the Hill: Stories from Week of April 18, 2008

Nine Months Later: The past nine months I have gone to a coffee shop to read my daily dose of bad news and wake up with coffee. Nearly every morning 2-7 sheriff’s deputies sit in the back and chat. This week one finally asked me why cops want to legalize drugs (I always wear The Shirt LOL). The four of us had an excellent 20 minute discussion. Talking cop to cop, one remained unconvinced, while two conceded on ending marijuana prohibition + some changes on hard drugs. No doubt they will relay to their colleagues LEAP reasons. Small steps. Un sens de rythme est tous: (Timing is everything): On Wednesday I was sitting in my chair out side Senate Hearing Room – Dirksen 226 (Subcommittee on Crime), waiting for the door to open and reading a French book. {I rotate between my 3 foreign languages}. A ‘typical’ tourist family of four approached and stopped next to me. The dad asked, “You are reading the Little Prince?” As I detected a French accent I replied, “Oui, je lis le Petit Prince.” He responded in French. I spent the next five minutes explaining LEAP and our position en français. He and his wife agreed with the LEAP position as we exchanged business cards. It was fun. It was not fun attending the hearing. America’s top internet detective specializing in child pornography painted a horrendous picture of 600,000 personal computers in the US which have downloaded child porn and child rape videos. A US attorney estimated that law enforcement has the resources this year to investigate and arrest about two percent of them. Everyone asked for more money. No one spoke about re-directing current agents and officers to the problem. The testimony was graphic & I flashed back on the dozen or so child victims of criminal sexual conduct I investigated as a detective. I was upset & angry walking out of the building. BTW: the hearing had nothing directly to do with prohibition. However, I want to have Senator Biden and Sessions to see me on a regular basis. Sessions left before hearing ended but eventually I will be able to have a 30 second conversation with him after a hearing. I spoke to Biden about two months ago. Of possible interest: Below is what I send to each staffer after a presentation. As you can see, Repubs receive something quite different then the Dems. For a Republican Office: Ms. Showers, I would like to thank you for your time last week. I enjoyed our chat. I hope Congressman Linder will one day see the wisdom of a drug policy based on the principles of: Liberty Personal Responsibility Limited/Effective Government States’ Rights Drug prohibition is a policy which neither Georgia nor the United States can longer afford. Georgia spending a billion of its general fund money on prisons this year will not help produce a 21st century workforce. Howard For a Democratic Office: Ms. Kapoyos, I would like to thank you for your time last week. I enjoyed our chat. I hope Congressman Kind will be a leader in making drug issues a medical rather than criminal justice issue. Drug prohibition is a policy which neither Wisconsin nor the United States can longer afford. Howard PS. I speak fluent Spanish, French and German. If I can ever be of service on a volunteer basis to help, just ask. Officer Howard J. Wooldridge (retired) Education Specialist, Law Enforcement Against Prohibition (www.leap.cc) Washington, DC Hablo espanol, je parle francais, Deutsch auch

4:20 Drug War NEWS 04/21/08

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. NOTE: DTN 1/2 Hour Programs now air on KPFK in Los Angeles and Santa Barbara at 1 PM on Saturdays We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US and Canada. 4:20 Drug War NEWS 04/21/08 to 04/27/08 now online (3:00 ea:) Select online at www.drugtruth.net Sun - Jeff Blackburn 2 of 2 Sat - Jeff Blackburn, director Innocence Project of Texas 1 of 2 Fri - DTN Editorial: Drug War is Treason! Thu - Jack Cole of LEAP, Pt 2 Wed - Jack Cole, Director of Law Enforcement Against Prohibition 1 of 2 Tue - Poppygate Report with Glenn Greenway Mon - Drug War Facts with Doug McVay Next - Century of Lies on Tues, Cutural Baggage on Wed (Now With Transcripts): PLEASE, Check Out the Transcript with Dr. Donald Tasking of National Institute on Drug Abuse (NIDA) at: http://www.drugtruth.net/cms/?q=node/1842#comments - Cultural Baggage 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: Norm Kent of NORML - Century of Lies 12:30 PM ET, 11:30 AM CT, 10:30 AM MT & 9:30 AM PT: Dr. David Duncan 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