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Americans for Safe Access: November 2008 Activist Newsletter

ASA Court Win on San Diego ID Cards Affirmed

State Supreme Court Refuses Review, Patients Pressure Counties to Uphold Law

California counties will have to implement the state's medical marijuana identification program now that the California Supreme Court has refused to review a landmark case argued by Americans for Safe Access. The case stems from resistance in a handful of counties to provisions of California's medical marijuana law.

ASA Chief Counsel Joe Elford ASA Chief Counsel Joe Elford

County officials in San Diego, San Bernardino and Merced counties filed suit against the State of California in February 2006, arguing that state law was preempted by federal law. That argument was rejected by the San Diego Superior Court in December of 2006, causing San Bernardino and Merced officials to drop their challenge. San Diego County appealed the ruling, only to be denied by the Fourth District Court of Appeals in July of this year and now by the state Supreme Court's refusal to hear their appeal. County officials have said they intend to attempt a challenge before the U.S. Supreme Court, though it has already ruled that state medical marijuana laws do not conflict with federal prohibition.

The San Diego lawsuit challenged the validity of the state identification card program, which was established by Senate Bill 420 in 2003, as well as the foundation of California's medical marijuana laws. But California courts at all levels have concluded that the ID card program and state law are valid and do not violate the state constitution.

"The San Diego case is now final under California law," said Joe Elford, Chief Counsel of Americans for Safe Access, who argued before the appellate court on behalf of patients. "The courts have made clear that federal law does not preempt state law relating to medical marijuana and that local officials must comply with California's medical marijuana laws."

In a unanimous opinion earlier this year, the Court of Appeals ruled that the federal Controlled Substances Act "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 was joined by the ACLU Drug Law Reform Project in defending the interests of patients before both the state Supreme Court and the Superior Court in San Diego. The City of San Diego registered its opposition to the County's lawsuit by filing an amicus or 'friend of the court' brief in December 2007, siding with the Attorney General and medical marijuana patient advocates in favor of implementing the law.

After the appellate court ruling, ASA put all California counties that had not yet established a voluntary patient identifcation program on notice of their obligation to implement state law, in particular the state ID card program, which both assists law enforcement and affords greater protection to patients. As a result, Fresno and Kings counties voted to issue the patient ID's almost immediately. Now, ASA is again following up with a warning for remaining California counties that refuse to obey the law.

"We expect the remaining holdout counties to implement the medical marijuana card program immediately," said Elford. "And if they continue to refuse to comply with state law, we will ask the courts to require them to do so."

For more information, see ASA's web page on the San Diego case.

 

 

 

Activists Protest Dispensary Owner's Conviction, Ask Congress to Intervene

A major protest by medical marijuana activists in Los Angeles this month demanded that Congress to do something about the conviction of a California man who was operating a cannabis dispensary.

Over 350 people attended a protest to support former Morro Bay dispensary collective operator Charles Lynch, whose case drew national attention when he was raided by the Drug Enforcement Administration (DEA) and prosecuted, even though he complied with state law, had a business license from the city, and was even a member of the local Chamber of Commerce.

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

Organized by the Los Angeles chapter of ASA and a team of dedicated activists, the protest was attended by numerous criminal justice and patient rights organizations, and took place in front of the LA Federal Courthouse on the day Lynch was to have a hearing on a motion for a new trial. This hearing has been delayed to November 4.

Even though Lynch operated his collective within the mandates of state law and local regulation, the San Luis Obispo County Sheriff took issue with his facility and called in the DEA to close him down. Central Coast Compassionate Caregivers had been open for 11 months when federal agents raided it on March 29, 2007.

As a result of that raid, San Luis Obispo Sheriff Pat Hedges is being sued by a former patient of Lynch's for seizing her medical records and violating her privacy.

During a widely watched trial, that included segments on Reason.TV by the television host Drew Carey, the Morro Bay mayor and city attorney testified on behalf of Lynch, and he took the stand himself to describe attempts he made to operate within even federal law.

Lynch was found guilty of five federal felonies. Defense attorneys will file a motion for a new trial on November 17. Sentencing is currently scheduled for November 24 in Los Angeles.

ASA Joins Legal Fight Against Dispensary Bans

Files Amicus Brief in Suit Against Anaheim

Americans for Safe Access has thrown its support behind a dispensary that has challenged a city ban on medical marijuana patient collectives. ASA Chief Counsel Joe Elford, fresh off victory in the San Diego case, is filing an amicus or friend of the court brief on behalf of patients in the appeal of Qualified Patients Association v. City of Anaheim. This marks the first appeal of a dispensary ban challenge.

The suit contends that the city of Anaheim cannot legally ban all patient collectives. ASA's brief argues that such bans on medical marijuana collectives are wrong on two counts.

The first reason is that conflict with California state law, and, as a result of that conflict, local bans are preempted because the state has clearly expressed an intent that dispensaries be considered legal entities.

The second reason is that interpreting state law as requiring cities and counties to tolerate dispensaries does not create a conflict with federal law. The ruling in the case of San Diego's challenge to California's medical marijuana law makes it clear that state and federal law are separate.

"Federal authorities will do what they will do," said Elford. "But they can't conscript the state to do their work for them."

The case will be heard by the 4th Appellate District, the same court that made the landmark finding in the Garden Grove case, which established that law enforcement must return cannabis seized from qualified patients.

So far, 35 cities and counties have filed amicus briefs against Qualified Patients Association, as has the California Peace Officers Association and the California Sheriff's Association. But ASA's Elford remains confident. He believes that the decisions in Garden Grove and San Diego mean that federal pre-emption only exists when there is a positive conflict, as would be the case if state law required someone to violate the federal prohibition.

"This is yet again an example of local officials wishing to enforce federal instead of state law," said Elford. "You don't have to regulate dispensaries. You just can't ban them."

A study of local communities conducted by ASA found that not only do dispensaries pose negligible problems for the communities in which they operate, they serve a critical function for the most seriously ill of California's medical marijuana patients. That report can be downloaded at www.AmericansForSafeAccess.org/downloads/dispensaries.pdf.

A decision in the case of Qualified Patients Association v. City of Anaheim is expected within the next few months.

2008 Global Conference On Methamphetamine - Presentations Now Available For Download

The 2008 Global Conference on Methamphetamine (held September 15 & 16, 2008 in Prague) was a collaboration of the Czech Republic, City of Prague, Centre for Addictology at Charles University, Network Environmental Systems, Podane Ruce, Cranstoun Drug, Harm Reduction Coalition, Association of Nurses in AIDS Care, & The Thorne Group. Presentations are now available for download at www.globalmethconference.com.

European Coalition for Just and Effective Drug Policies: November Bulletin

THE RIGHT TO HEALTH


While those who can are starting to enjoy the fruits of their last harvest, others continue being denied even the right of access to what is to them an essential source of well-being. The criminalization of plants whose therapeutic value is well recognized is causing the most extreme contradictions between laws, their interpretation, reality and the right to health. This problem is widespread all over Europe, where a citizen doesn’t seem to be allowed to use a plant for his own personal well-being, if in fact that plant is included among those that are declared illegal ("controlled") by International Conventions. On the contrary, he risks to be considered as a criminal.

While in Sri-Lanka the Ministry of Indigenous Medicine is getting ready to cultivate 4000 kg of medicinal cannabis, the EU approves a special funding for intensive tobacco farming, that once put on the market after industrial treatment will kill millions of people, but of course guarantees healthy profits for companies and governments.

In Italy, in spite of the present government’s repressive and anti-scientific climate on the issue of drugs, harvest parties are still taking place in many towns. The government’s deplorable ignorance is well illustrated by the statement of Giovanardi, the Subsecretary to the Presidency with a special mandate on drug policy, who recently confirmed that "all drugs are equal", and that "even a single consumption will burn the user’s brain out" (enjoy the spot). The harvest parties are by contrast an attempt not to lose what in past years represented a possibility to put into practice, and to claim what should be a basic right of any citizen: to grow a plant that is part of the botanical heritage of the planet for his own personal use. In some cities, following a years-long tradition, part of the crop has been donated to patients.

The case of one of them, Fabrizio Pellegrini, a member of the Italian association P.I.C. (Pazienti Impazienti Cannabis), is a paradigm of the paradoxical situation that is currently affecting Italy. A concert pianist and a painter, suffering from rheumatoid arthritis, Fabrizio is in possession of a medical prescription for medicinal cannabis granted by the Dutch Ministry of Health (Bedrocan), so he imported it at his own expenses through the City Health Service, and could safely enjoy therapy for a few months.

But due to the high cost of this medicine, and to the variable therapeutic quality of this "institutional" cannabis, every spring he tried to grow for himself a few plants on his balcony, hardly enough for his own medical needs. He was never even allowed to see the end of the flowering process, since every year his home was the target of a police raid, a confiscation of his plants and the filing of a new criminal report. He was thus subjected to a dozen trials for cultivation, and has served 4 months in prison as a pre-trial safety measure. Just for refusing to buy cannabis on the black market (it’ s not a criminal offence, you shouldn’t mind to finance mafia and to put your health at risk instead of treating your pathology), and for not being well off enough to buy Bedrocan.

Fabrizio, after the methodical destruction of his private and professional life, faces today in Italy a concrete risk of being sentenced to many years of imprisonment. Based on the current regulations, he is not considered to be an ill citizen who has rights, but rather a dangerous recidivist criminal for whom the execution of a zero tolerance approach is a must. He cultivated cannabis, and should he skip jail because of his medical needs, he could repeat the crime in order to stop his suffering, since he already did so many times and for which he has already been sentenced definitive prison terms in two criminal proceedings.

In other European Countries too we are facing a glaring discrepancy regarding the guarantee to the right to health, which is more and more becoming a right for only first class citizens. Only those who possess large economic resources and meet the requirements of a doctor are granted access to legal medicinal cannabis, whereas the great majority of patients are forced into illegality if they want to benefit from the properties of a plant that cures them.

The right to health, acknowledged as fundamental by the various national Constitutions, by many International Civil Rights Treaties such as The International Convenant on Economic, Social and Cultural Rights of the United Nations (art.12) and well in evidence in the Constitution of the World Health Organization, seems to be absent in a large part of Europe when the substance used to maintain or improve one’s own health is listed among "illegal" plants.

In fact, the same is true about the Coca plant, its long and proven history of medicinal and cultural use acknowledged by the UN itself in the Convention against Illicit Drug Trafficking of 1988, where Peru and Bolivia’s right to grow an amount limited to their domestic market is officially acknowledged. The possibility of utilization of mate and other products to treat cocaine addiction would be of great interest as well, since it has been noticed that cocaine craving is apparently reduced by it.

We hope that the European Agency for Fundamental Rights (FRA), whose task is to monitor the human rights situation all over Europe, will put into practice the suggestion of the Commission for Civil Liberties, Justice and Home Affairs of the European Parliament (Catania report, point 33rd), that a study on the impact of drug policies on human rights is inserted as soon as possible among its activities. We will initiate a strong lobby in order to ensure that this study is carried out.

Encod, in cooperation with the Basque government, is organizing a research program on the involvement of drug users associations in the design of drug policies in Europe. This research includes a questionnaire that users’ organizations are invited to answer, and a round table discussion to be held in Vitoria, Basque Country, Spain, on November 21 - 23. In collaboration with other organizations, the preparation of the Cannabis Tribunal in The Hague on December 1st and 2nd is also progressing.

Regarding Fabrizio, support actions are being prepared as well as a solidarity web auction for his paintings, in order to collect the necessary funds for this basic campaign. His next court hearing in Chieti has been scheduled a few days after December 10th, the international day for human rights, when he will be present at the dedication for his inclusion among the metallic templates comprising the monument "All potential targets" on a main square in Rome.

In order not to close this bulletin with a bitter taste in the mouth, we end with some recent good news for Italy, where two recent developments may provide a glimpse of hope at the judiciary level. The first is the re-opening by the court of Perugiaof the case of Aldo Bianzino] who misteriously died in prison the day after he was arrested for cultivating cannabis. The second might lead to the reconsideration of the sentence that was issued in April 2008 by the Cassation Court in which the equivalent relation between growing exclusively for personal consumption and simple possession was simply denied. But recently, a judge acquitted the members of a community inspired by American Indian culture of any charge for growing 79 cannabis plants. This fact may produce new opportunities to re-open the Cannabis Social Club debate on a national level.

An important judgment came from the Netherlands too, where the Supreme Court acquitted a Dutch citizen suffering from multiple sclerosis of the cultivation charge. But there, the patient’s appeal was against a 250 € fine...

By: Alessandra Viazzi

The Sentencing Project: Disenfranchisement News/Updates 10/31/08

As the nation prepares to head to the polls next week for an historic Election Day, let us not forget the 5.3 million U.S. citizens who are denied the right to vote due to a felony conviction. The Sentencing Project continues to work for felony disenfranchisement reform and we thank you for your support. Inmate Voting The Sheriff's Department recently earned kudos for facilitating inmate voting in the Ventura County Jail system in California. Policy allows inmates awaiting trial to request voter registration forms and absentee ballots and jail staff hand-carry ballots to and from the elections office, the Ventura County Star reported. "We do a lot of footwork for them," said Susan Llewellyn, Ventura County Jail inmate services program manager. The Ohio Justice & Policy Center asked the U.S. District Court in Cleveland to restore the canceled voter registrations of some residents of a juvenile detention center in Ohio after a voter complained that they were not eligible to vote, the Associated Press reported. About 2400 Washington, D.C. jail inmates have received registration forms since March and approximately 100 have requested absentee ballots for the upcoming election, the Washington Post reported. In Washington, jail inmates and those who have been released from prison are eligible to vote. "We try to educate the inmate of their right to vote," said Devon Brown, director of the D.C. Department of Corrections. "Many of them don't know they can vote." Wisconsin: Journal Times Pennsylvania: Philadelphia Daily News Alabama: Restore Voting Rights The Montgomery Advertiser published a letter to the editor commenting on the state Constitution's antiquated and confusing "crimes of moral turpitude" clause which disenfranchises many citizens from the voting process. The letter states that reform is a must. "This is not to give an excuse to those guilty, but to restore integrity to a system that has gone unchecked since 1901," it stated. On the other end of the spectrum, another Montgomery Advertiser reader agrees with disenfranchisement. Read letter. Mississippi: Favorable Ruling Not Expected to Come in Time for Election It is likely that nearly 150,000 citizens will not vote next week because of Mississippi's disenfranchisement law, ACLU lawyer Nancy Abudu stated after U.S. District Judge Tom Lee refused last month to issue a preliminary injunction that would have forced Mississippi officials to allow felons to vote for president. The lawsuit, however, was not completely dismissed. "These folks probably won't be allowed to vote in November unless the district court issues a favorable ruling in the next week - highly unlikely," said Abudu who works with the ACLU Voting Rights Project. The organization claims in a federal lawsuit filed last month that there's an exception in the Mississippi constitution that allows people with felony convictions to vote in the presidential elections, the Fort Mill Times reported. Georgia: Award-winning Rapper Propels Youth to Get Politically Involved After he Casts Vote Prior to Serving Sentence Twenty-eight year-old rap artist, Cliff Harris, who goes by the initials "T.I." became a first-time voter this week and inspired other youth to vote, the Associated Press reported. Harris, who awaits sentencing for a felony offense, thought he was unable to cast a vote in the election until he was told otherwise. "It was a relief," he said. Nathirya Brown, also a first-time voter, saw the rapper cast his early vote and said, "It's inspirational what he is doing." "Just him being diligent enough helps others find out their status as well." Maine: Incarcerated Voters Proud to Use their Voice Maine is one of only two states which allow its incarcerated citizens to vote - and many inmates make use of that right, according to an article posted on KeepMeCurrent.com. Francine Bowden, who runs the Maine Correctional Center Library said voting while incarcerated, prepares individuals to be in the habit of taking part in one duty of citizenship. "They've at least had this, because they will be going back to society," she said. National: Re-enfranchisement is Bipartisan; Debate Continues Since 2000, various states have reformed disenfranchisement laws, enabling citizens with felony convictions to vote - many of those states led by Republican governors, including Alabama, Nebraska, Nevada and Florida, according to the Los Angeles Times. "This is the first time in history that some of these places have ever seen this kind of civic activity," said the Rev. Kenneth Glasgow, director of The Ordinary People's Society. The Times followed up the article with an editorial, "Let Felons Vote," in support of reform. Appearing on a YouTube video by Jeremy Young of Al Jazeera, Kemba Smith debated with Roger Clegg on the disadvantages of banning voters from the ballot box. Smith, who had her sentence commuted by President Bill Clinton in 2000 for a first-time drug offense said, "I should be able to vote because I am a competent citizen of this country. Yes I did make a poor choice years ago. I'm a contributing member of society. I am involved in the political process. It's disturbing that when Election Day comes, I'm going to be watching every one else go into the polls. Disenfranchisement also appeared in the Washington Post's "Post Politics Hour" this week. Florida: Voter Disenfranchisement is "Complicated, Convoluted, Costly and Cumbersome" "I can't vote, but I can pray. So that's what I'll do," said Florida resident Michelle Latimore, who will not be able to vote for her candidate. Latimore is one of an estimated 300,000 to more than 900,000 citizens who have yet to gain back their voting rights despite a rule change enacted by Governor Charlie Crist last year, according to the Associated Press "We have a very complicated, convoluted and costly system," stated ACLU Florida Lawyer Muslima Lewis. "The entire process is very cumbersome." Ohio: Newspaper's Error Further Disenfranchises Residents Needing to retract information from a previously published article that mistakenly reported that citizens with felony convictions could not vote in the state, the Cleveland Plain Dealer re-published an article online to explain the voting rights of those formerly incarcerated. The article also featured the Secretary of State's brochure entitled, "Find a New Direction: Reclaim Your Right To Vote" Virginia: In Battleground State, Advocates Push for Restoration In response to a News Leader letter opposing voting rights for individuals with felony convictions, a voting rights counselor for the Central United Methodist Church in Staunton stated her views. "Many clients committed their crimes 10, 20 or 30 years ago and were frustrated by their inability to vote or explain 'why' to friends or family," she wrote. "Most want to move past their youthful mistakes ... When people turn their lives around and are ready to participate positively in society, the right to vote should be theirs." In September, Reed successfully petitioned the Fairfax County Circuit Court to have his voting rights restored, but Gov. Tim Kaine has not sent him a letter confirming his restoration yet, so he was unable to register in time for next week's election. England's New Statesman published an article that focused on the battleground status of Virginia focused, in part, on voter disenfranchisement that keeps citizens from the polls as a result of felony convictions. "I had never voted before. As I was in prison I realised [sic] I had lost being a citizen, being a contributing member of society, being able to elect officials. I realised [sic] I had lost a great deal. I decided if I was ever released I would do whatever I could to regain my right to vote. I became a model prisoner, went to school, got a college education." For additional coverage, see the Loudoun Times. North Carolina: First-Time Voter Like "Kid with a New Toy" Sixty-seven-year-old Lymon Sykes voted for the first time this week. He was one of 70 individuals with a felony offense who voted early with the help of the Darryl Hunt Project for Freedom and Justice and the Winston-Salem Black Political Action Committee. "I was so excited I was like a little kid with a new toy," he told the Winston-Salem Journal. "The lady there had to help me. I don't have a whole lot of education, but I can read. They told me how to push the first button for president. I had to keep asking." State law allows individuals who have completed their sentence, parole or probation and who have paid restitution. - - - - - - 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

The Sentencing Project: Disenfranchisement News/Updates 10/24/08

Maine & Vermont: Voting Interest Up in Prison Facilities Officials in Maine and Vermont have stated that inmates' interest in voting is up this election year. The states are the only ones in the nation that allow individuals to vote while serving time for a conviction. "Vermont has taken the position the more we can get folks in prison involved in the community in a responsible way, the better their chances of reintroducing them to the civilian world in a responsible way," Secretary of State Deb Markowitz was quoted as saying by the Associated Press. "The rationale for disfranchisement has never been particularly compelling or clear," said Alexander Keyssar, a Harvard University historian and author of "The Right to Vote: The Contested History of Democracy in the United States." The AP reported that in the 1790s, the Vermont Legislature attempted to ban inmate voting. The move was overruled in 1799 by the Council of Censors, a now-defunct fourth branch of government that met every seven years to decide constitutional questions. Illinois: Some State Employees Well Versed on Voting Rights Laws, Some Not Terry Klingman, an Illinois resident who served nine months in prison, attempted to register to vote at the Department of Motor Vehicles. He was first denied by an employee who was not informed about state election law. Only after a supervising employee stepped in was Klingman able to register. According to the Kane County Chronicle , a Secretary of State spokesman said employees aren't necessarily versed in election law. At the Illinois Department of Corrections, however, employees inform inmates before they are released on parole that they are free to register to vote. "We want them to be prepared," said spokesman Derek Schnapp. "Hopefully they'll be a regular citizen in our society. But it's up to them whether or not they take the initiative to go register." Kansas: Voter Registration Ends on Positive Note Voter registration efforts on one Wichita corner have registered 2000 people; of those it was estimated that about 25% were citizens with felony convictions, KSN3 reported. According to Kansas law, residents can vote if they've completed their sentence and probation or parole. "They didn't realize that because they had a felony, it could be years ago, and it's been off paper, they haven't been in jail, they can still vote," said Representative Gail Finney. National: Broadcasters Pay Attention to Disenfranchisement The Sentencing Project's Advocacy Director, Kara Gotsch, appeared on NPR's "News and Notes" show highlighting voting rights of individuals with felony convictions. Countering Gotsch's view during the segment, entitled "Assessing Voting Rights," was Heritage Foundation Senior Policy Analyst, David Mulhausen. Click here to listen to the interview. The Sentencing Project's Policy Analyst, Ryan S. King, was also featured on the American News Project which highlighted a Virginia barber who is permanently banned from voting. NPR's show, "The State We're In," featured U.S. disenfranchisement in its coverage, focusing on New Jersey and Rhode Island voting laws. New Jersey law automatically restores voting rights after probation or parole. In 2006, Rhode Island residents voted to restore voting rights upon leaving prison. Maryland: Press Conference to Spotlight Unlawful Cancellation of Registration Applications; Voting Leads to Community Connection, Empowerment The African American Democratic Club of Baltimore City and the NAACP Baltimore City Branch have scheduled a press conference today to notify more than 400 citizens with felony convictions that they may be eligible to vote, despite their having received a letter from the Baltimore City Election Board stating that their voter registration applications were canceled. Applicants were sent undated letters not addressed to anyone specifically. The letters did not mention a deadline for responding to the election board letter nor include contact information or an official's name and signature. "We find it appalling that the Baltimore City Election Board will not correct their error thereby possibly enabling qualified voter registrants to have their applications made active and to allow them to vote," stated Minister C.D. Witherspoon, President of the African American Democratic Club of Baltimore. "We're going to try and get as many former felons as we can," Marvin L. "Doc" Cheatham Sr., president of the Baltimore chapter of the NAACP told the Baltimore Sun. In response to a Daily Times editorial in support of vote restoration, Amy Cruice, director of the American Civil Liberties Union of Maryland's Election Protection Campaign, wrote a letter to the editor that described Maryland's voting rights laws and benefits to voting after incarceration. "People who vote feel more connected to their community and are empowered by having a voice in the democratic process," stated Cruice. She stated that formerly incarcerated individuals who vote are less likely to be re-arrested. Iowa: Voting Rights Law is "Simple" According to The Gazette, state officials, including Department of Corrections employees, are unclear on how a person's criminal record affects voting eligibility. "It's really very simple, said Iowa Secretary of State Michael Mauro. "Iowa's rule is that as long as you're not a convicted felon serving a sentence, you have every right as anyone else has to vote." Each month, the Department of Corrections sends the names of those who have completed their sentences to the governor, who automatically reinstates their rights. Ohio: Secretary of State Backs Voter Education for Individuals with Felony Convictions The Voting Rights Institute of the Ohio Secretary of State has produced a flyer on the voting rights of formerly incarcerated people that is being widely disseminated throughout the state. In cooperation with the Department of Rehabilitation and Correction, "Find a New Direction: Reclaim Your Right to Vote" will be distributed on an ongoing basis through corrections agencies, non-profit organizations, and civic groups. The flyer includes basic information on Ohio voter qualification law for people with felony convictions, including such issues as misdemeanor and out-of-state convictions. Florida: Restoration Change Still Doesn't Fix the Problem In response to a Sun-Sentinel investigation that revealed voting registration discrepancies, Muslima Lewis and Mark Schlakman wrote in a Tallahassee Democrat opinion editorial on the continued confusion disenfranchisement laws have brought individuals seeking the right to vote, in addition to state officials. "It would be a travesty if election officials were to, once again, deprive eligible individuals of an opportunity to exercise one of the most fundamental rights in a democratic society. Florida can ill-afford to repeat this history." Lewis, senior attorney for the ACLU's Racial Justice and Voting Rights Projects and Schlakman, senior program director at the Center for the Advancement of Human Rights at Florida State University, write that despite the April 2007 rule change allowing citizens with non violent records to vote, hundreds of thousands still cannot vote. Alabama: NAACP Settles Voting Rights Case, Allows Inmate Voter Education to Continue Rev. Kenneth Glasgow resumed registering Alabama inmates to vote and fill out absentee ballot applications after the NAACP Legal Defense Fund (LDF) settled the lawsuit it filed against the Alabama Department of Corrections in federal court earlier this month on behalf of Rev Glasgow. The Alabama Department of Corrections canceled Rev. Glasgow's efforts at the request of the Alabama Republican Party. "Now I can continue the ministry that God gave me: helping to give a voice to the voiceless by reaching out to people in Alabama's correctional facilities who are eligible to vote," said Reverend Glasgow. "The ministry is so critical because too many in Alabama's correctional facilities who are eligible to vote don't know it." Ryan P. Haygood, Co-Director of LDF's Political Participation Group, who represented Rev. Glasgow stated, "This significant development strengthens the integrity of Alabama's democratic processes by guaranteeing that eligible voters who seek to vote will have their voices heard." For additional information, see Associated Press coverage, and Ballot Access News. California: ACLU Voter Education Campaign will be Mainstay for Future Campaigns The ACLU has been broadcasting radio spots and using its Web site to educate formerly incarcerated individuals on their voting rights as part of an ongoing public information campaign. The effort, which also includes handing out bilingual fliers to churches and civic groups, will be used not only for the upcoming election, but future elections, News Channel 3 reported. "A lot of people feel that they have kinda' permanent sentence that it's like they have a big scarlet a on their chest and they'll never have the rights of a normal citizen again," said Eric Greene of the American Civil Liberties Union in Los Angeles. - - - - - - 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

Prisons Foundation: Latest on our Director's Trial Next Week

Many of you have called us to find out if our director Dennis Sobin is still scheduled to go to trial next week for entering Washington City Hall against his son Assistant D.C. Attorney General Darrin Sobin's wishes. Yes, the trial is still set to take place at DC Superior Court, 500 Indiana Ave NW, Washington, DC before Judge Linda Turner on Wednesday, October 29, 2008 at 11 am. No, his son has not had a change of heart, nor has the mayor or Darrin's superiors seen fit to intervene YET. Please do not call us as we have no further information! If you wish to call anyone, you can contact Mayor Adrian Fenty at 202-724-8876. Please read the heartfelt letter below that Dennis sent to him before you call. As of this writing, there has been no response from the mayor. We believe he has taken a strong personal interest in this matter, but we do not know for sure. You can find out by calling 202-724-8876. LETTER: Dear Mayor Fenty, It was great seeing you recently. Your admiration of my work as a performing artist at the Kennedy Center and as director of the Prisons Foundation is greatly appreciated. Let me begin by saying that it's always a pleasure meeting you. The support you and your agencies have given to the Prisons Foundation in its mission to support the arts and education in prison, reentry of prisoners into society, and victim assistance, is most admirable. Unfortunately, I have not been able to accept your invitation to come to City Hall to meet with you because of threats made by my son, Darrin Sobin, an assistant attorney's general there. Darrin, for all his good features and capabilities that we discussed, has been hateful to me ever since I sued him and my sister for failing to account for my inheritance, which they jointly managed after my mother's death while I was in prison in the 1990's. While I have extended the olive branch to them in recent years, they have not relented in their efforts to keep me away from them. Through his influence, power and knowledge of the law, Darrin got a stay away order from me to keep me away from him. He recently invoked it to keep me away from City Hall under threat of arrest. It is not an idle threat as he had me arrested in April and charged with three counts of violating the stay away order for three appearances I made at City Hall, each time to testify at public hearings. As far as I know, Darrin intends to prosecute me with the help of his colleagues in both the DC Attorney General's Office and the Federal Attorney General's Office (Darrin is a registered Republican with good federal connections). Indeed, when he got his stay away order from me, he was represented in court by the highly experienced Director of the domestic violence branch of the DC Attorney General's Office, despite the fact that there has never been violence or even the threat of violence in this matter. You had mentioned in one of our conversations that you would "talk to Darrin." This was not my suggestion but yours, and I appreciated it. Indeed, he should know what's at stake if he continues his course of action. Darrin has more to lose from my upcoming trial on October 29 if he pursues this prosecution of his father than I do, whether or not he succeeds in sending me to jail. If he wins and has me put in jail, it will be a shameful thing for a lawyer to do, particularly one whose legal education was paid in part by his father. If he loses, there will be grounds by me for recovery of damages for false arrest and malicious prosecution. Thank you for anything you have done or intend to do in accordance with your promise to me. With kind regards, Dennis Dennis Sobin, Director Prisons Foundation 1600 K Street. NW, Suite 501 Washington, DC 20006 www.PrisonsFoundation.org [email protected] 202-393-1511

7th National Harm Reduction Conference: Towards A National Policy

[Courtesy of Harm Reduction Coalition] 7th National Harm Reduction Conference: Towards A National Policy, November 13-16 2008, Hilton Hotel - Miami Florida, www.harmreduction.org Letter from Allan Clear Dear Friends, Every two years at this time I write an inspirational letter of greeting for this conference announcement. This year the letter writes itself. The Seventh National Harm Reduction Conference is taking place within 9 days of the national elections. There is reason for optimism. With some mobilization, the purveyors of eight long years of lies, corruption, hypocrisy, destruction, nepotism, greed, callousness, con-passion, and debt creation will be shuttled off into a deep, dark, disused uranium mine. We will have an end to the worst presidency in our history. The characters that have lurked, like Harry Potter's death-eating foes, in the White House will be no more (although we all know that people like Cheney exhibit a Voldemort-like quality of never quite going away). A Democrat in the White House will not guarantee that a change is going to come in any significant fashion. But taking a harm reduction approach of "meeting politicians where they are" and embracing any positive change, what can we reasonably expect? An end to the morale-crushing, exodus-inducing politicization of institutions such as the CDC, NIDA and SAMSHA should be on the score sheet. An open dialog with the scientific community about harm reduction-based interventions, such as naloxone and syringe exchange, could be held without the straitjacket of censorship. Local authorities would actually be encouraged to start and expand syringe exchange. A new administration might work with Congress to increase funding for viral hepatitis, eliminate racialized sentencing disparities for crack cocaine, direct SAMSHA to launch a national overdose prevention strategy, and formulate goals to make drug treatment on demand ?including buprenorphine for those at the margins of the health care system?a reality. Global AIDS funding through PEPFAR would be expanded for countries with injection-related HIV epidemics and restrictions on abortion providers, abstinence requirements in HIV prevention, and anti-prostitution "pledges" would be eliminated. Communities and health officials could pursue establishing safe injection spaces and heroin prescription without having to look quite as rigorously over their shoulders for the goon squad to come beating down the doors. And the federal ban on the funding of syringe exchange will ultimately become a footnote in the history of failed governance. Maybe by the year 2013, the feds will actually provide some money for syringe access. We've done the groundwork and the evidence exists to support our efforts, but we will not have an easy path, no matter who is in Congress or the White House. The Seventh National Harm Reduction Conference will have an eye firmly on the national scene. There is no reason why compassion, science and common sense cannot prevail, nor any reason why the United States could not adopt a harm reduction framework to address drug and alcohol problems. Join us in Miami and be part of the direction, planning and brainstorming. See you there. Allan Clear Executive Director

Prison Art Gallery: Coast to Coast Publicity for our Prison Art Collection. Thanks LA Times!

We have received much publicity in the Northeast since opening our Prison Art Gallery in Washington, DC, in 2006 for our unique Prison Art Collection. Now the LA Times has featured us in an article about the best places throughout the world to view and acquire art made by imprisoned artists. We look forward to more publicity this winter when we take our new Mobile Prison Art Gallery to art shows and festivals throughout the South.

October Coalition for Medical Marijuana--New Jersey, Inc. Meeting Minutes

Monthly Public Meeting Lawrence Township Library Tuesday, October 14, 2008; 7:00 PM – 9:00 PM Minutes: Meeting was called to order at 7:35 PM and adjourned at 8:57 PM. The September 2008 minutes were approved. Correspondence was reviewed. Discussion included: Mike Miceli’s arrest on 9/4/08 for using marijuana for Crohn’s Disease: Mike spent nine days in the hospital following his arrest and now faces major abdominal surgery since he can no longer use marijuana. Also, efforts on behalf of MS patient John Wilson who was arrested for medical marijuana use in Somerset Co. CMMNJ sent a follow-up letter to Gov. Corzine re: Miceli and Wilson; proposed letter to Wilson’s prosecutor was discussed. Wilson faces 20 yrs. CMMNJ was at the Hamilton Twp., NJ “Septemberfest” 9/14/08. Over 200 people signed statements supporting medical marijuana and we made $370. Hamilton Twp. mayor's office complained that a 12-year-old brought home a troubling message after visiting our booth. Board discussion included draft guidelines for our volunteers when talking with Middle School children. The Lawrence Twp. 2008 “Community Day” was Sunday, 10/5/08 in Lawrenceville. We made $90 and collected 54 signatures. Jim & Cathi attended the 14th Annual NY State Harvest Festival and Rally. They also attended the MS Bike Ride on 9/28 in Ocean City, NJ and distributed literature and displayed the Cheryl Miller Memorial Wheel Chair. Upcoming events: Ewing Twp., NJ “CommunityFest” is 10/25/08 on the campus of TCNJ from 10 AM to 5 PM. Late entry: A Candlelight Vigil for Medical Marijuana Patients will be held at City Hall in Philadelphia, PA on Saturday, 11-1-08 at 8-PM. Volunteers needed for both. CMMNJ has new photos on Facebook at: http://www.facebook.com/profile.php?id=502598656 AARP: “AARP has not taken a position on the medical use of marijuana.” Also, Sen. Lautenberg “sort of” replied to request for him to sponsor a senate companion bill to H.R. 5842. F/U needed to clarify issue. Americans for Safe Access (ASA) conference call was 9/25/08. Pre-written, customizable letters are available for NJ residents to urge their legislators to support the “NJ Compassionate Use Medical Marijuana Act” (S-119 & A-804) through NORML at: http://capwiz.com/norml2/issues/alert/?alertid=11059156 & through DPA at: https://secure2.convio.net/dpa/site/Advocacy?id=197&pagename=homepage Do it today! Treasury report: Checking account ($2356.72) plus Paypal account ($575.69). 501(c)(3): CMMNJ received its Sales Tax Exempt Certificate (Form ST-5) from the IRS. Progress of fund raising letter? CMMNJ submitted our 26-minute DVD, “Marijuana is Medicine” to the Garden State Film Festival & developed an advertising poster. Web site update: Gary Sage is keeping the web site (www.cmmnj.org) updated at $15/hr. Next Meeting: December 9, 2008 at the Lawrence Twp. Library, from 7:00 PM until 9:00 PM. There will be no November meeting this year, due to the holiday on the 2nd Tues. of the month. For more info, contact: Ken Wolski, RN, MPA, Executive Director, Coalition for Medical Marijuana--New Jersey, Inc. www.cmmnj.org, 844 Spruce St., Trenton, NJ 08648, 609.394.2137, [email protected]

The Sentencing Project: Disenfranchisement News/Updates 10/20/08

Virginia: The Law 'Stinks' "This might not be illegal, but it sure stinks to high heaven," quipped Virginia Republican Party Chairman, Del. Jeffrey M. Frederick on state advocates registering detention center inmates awaiting trial. The Washington Post and Washington Examiner stated that registration forms and absentee ballot information was delivered to the chagrin of the Republican Party which, in turn, blasted county officials. National: Voting Rights Confusion, Education, History Commenting on the confusion behind the various disenfranchisement laws throughout the U.S., Erika Wood of NYU's Brennan Center for Justice stated the need for federal voting rights legislation. "The officials that are in touch with the public and would-be voters are confused and misinformed on the law and not trained on the law and once they tell somebody that they are not eligible to vote that information can obviously spread through the community and have a ripple effect - so there really is just massive confusion and misinformation out there that results in what we call 'de facto disenfranchisement," she was quoted as saying in Alternet. The Associated Press reported that numerous local and national organizations throughout the U.S. are engaged in education on voting rights issues for those with felony convictions. "All we're trying to do is make sure that, if someone is eligible, that they know their rights and that if they want to vote, they can take part," said a Barack Obama campaign spokesperson. "I think there's a lot of misinformation out there. Even people who may have been guilty of a misdemeanor feel like the felony laws apply to them and say they can't vote." Insights, the American Bar Association's magazine, featured an article written by Erika Wood on the history of disenfranchisement dating back to Reconstruction - and the progress that has commenced over the last decade. California: Accessible Resources at Prisons for Families, Inmates A voting rights advocacy group is asking the county supervisor if it can set up a voter's information table outside a prison in Alameda County to urge the visitors to get inmates to register and vote by absentee ballot, the Oakland Tribune reported. The Alameda Sheriff's Office has been instrumental in educating inmates on their voting rights. One employee was quoted as saying that fliers are posted around living quarters reminding inmates to vote and that they can request voter-registration forms directly from the facility. "I think we're doing a great job educating inmates on their voting rights," Sgt. Kevin Ary said. Georgia: Those Yet to be Sentenced Can Vote The Georgia NAACP is tackling the issue of inmate voting and spreading the word that inmates awaiting trial can vote in the upcoming election. "Those who have not been sentenced, those who are not carrying felony convictions, those who have done their time, or who may just be getting out and who are off probation...understand that they have a right to vote," NAACP State President Edward DuBose was quoted as saying by WRDW News 12. "There are people who are in jail right now who have not been convicted, who have not been charged, who are just sitting there. They should have the right to exercise their right to vote." Alabama: Several Voting Rights Suits Challenge Constitution, Political Party, Antiquated Law As Election Day gets closer, inmate voting continues to be a pressing issue in Alabama after the Republican Party asked that inmate voting efforts be halted. One lawsuit has been filed by the ACLU on behalf of three formerly incarcerated individuals who weren't allowed to register to vote; a second suit was filed on behalf of Rev. Kenneth Glasgow's efforts to register inmates awaiting trial, according to the Birmingham News. NYU's Brennan Center for Justice also said last week that it wants to seek records about voter roll purges in Alabama and another dozen states. Huntsville Times columnist David Person revisited the voting rights issue in Alabama which has both state employees and prospective voters confused. The state's list of crimes of moral turpitude has grown from 13 to 400 amidst the Republican Party's request that inmate voting cease, in addition to a lawsuit (in jeopardy of being thrown out) filed by formerly incarcerated individuals who want their voting rights restored. "If I didn't know better, I'd think that our leaders are more concerned about how many eligible voters they can refuse the right to vote than they are about ensuring that the right to vote remains sacrosanct," Person's op-ed stated. "Due to Alabama's unfortunate history of suppressing the vote, it would be profoundly disturbing if that were true." An Opelika-Auburn News editorial stated its position on the Secretary of State's decision to allow individuals with drug convictions to vote. "We do not think precincts will be overrun by ex-cons looking to score a drug deal on the way out the door. If they didn't care about America, they wouldn't want the right to vote," the editorial stated. Tennessee: State Reports Increase in Registration of Individuals with Felony Convictions Despite confusion on how and if residents with felony convictions can vote, 1,200 individuals with felony offenses registered to vote by the deadline, according to WSMV-4. In the past, vote restoration required a lawyer and going to court if one was sentenced before Jan. 15, 1973 or after May 18, 1981. (Individuals convicted of a felony between Jan. 15, 1973 and May 17, 1981 never lost their voting rights in Tennessee.) Today, however, individuals must also be current in child support obligations. Recently, a federal judge in Nashville rejected a suit that could have automatically restored the voting rights of thousands of convicted felons who were contesting state law. New York: Voting Rights Must Not Be Denied; State Officials Must be Educated in Order to Educate Others The Albany County Board of Elections was the least informed of voting rights for ex-felons among several Capital Region boards and may have denied many eligible voters access to the booth, according to an NYU Brennan Center for Justice survey gauging the knowledge of state personnel. The Times Union reported that one board of elections representative answered all three survey questions wrong, leading the organization to believe that hundreds of individuals seeking to vote have been erroneously turned away. "They said people on probation could not register to vote or didn't know if it was true, they said ex-felons had to provide documentation, which is not true, and they said they were not familiar with the memo," the Brennan Center's voting rights fellow, Liz Budnitz, stated. Anthony Papa who was incarcerated under New York's Rockefeller laws for 12 years wrote an opinion editorial on being formerly disenfranchised. "When I went to register, I was shocked when they informed me that I had to wait until I was first released from parole. I felt the pain of felony disenfranchisement since it seemed I was being further punished for my crime," he sated. "I saw my Queens neighborhood deteriorating around me but was powerless to do anything about it by casting my vote. I was elated when, after waiting for five years, I completed parole and was able to vote again. Only then did I feel like I was fully welcomed back by society as a citizen." For more articles on impacted people read City Limits and the Democrat and Chronicle. - - - - - - 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