Skip to main content

Organizations

LEAP on the Hill: Stories from the Weeks of August 22 & 29, 2008

“Bottom line? I am asking you to leave.” This week began with such promise. I was representing LEAP at the NAPOA (National Asian Police Officers Association) conference in metro DC by staffing the booth for four days. Monday was good, though the DEA agent gave me the evil eye, when I visited his booth. Tuesday started well, chatting with a table full of cops at breakfast, one of whom took my role of convincing his brothers to support LEAP. Thus, I was resting my voice,….. Finishing my third cup of coffee and about to head to the booth, when NAPOA President Reagan Fong asked to speak to me in private. We went into a room and he closed the door. This can’t be good I thought. Two minutes later the obviously conflicted and anguished Fong needed a nudge. I asked him what the bottom line was. Explaining that several of the federal agents staffing their booths objected to the LEAP message and my presence, he was honoring their wish that I leave immediately. We shook hands and 90 minutes later, I headed home. Analysis: What a gift from the feds! Not only did everyone become exposed to the LEAP message before I left, I let several attendees know what had happened. The NCIS (Naval Criminal Intelligence Service) agent I chatted with as I broke down the display was openly annoyed with me being asked to leave. Thus, by now, everyone knows what happened. Given the controversy, I am sure the attendees will take what happened back to their 23 local orgs (organizations) & retell the story. All of this is a plus for LEAP. The press release from LEAP has already hit a couple of good blogs and ezines. From Gandhi: First they ignore you, then they laugh at you, then they fight you, then you win. We are at stage three. Only one more to go. Same old, same old: Last week I was on the Senate side of the Hill and met with a good number of staffers. Instead of five minutes of follow-up, they all engaged me for a solid 30 minutes or more. This was a repeat of the week before and the week before that. I write this to remind myself that my mission is moving inexorably in the direction I want it to go. And it feels great!

The Sentencing Project: Disenfranchisement News/Updates 8/28/08

Florida: 'Bureaucratic Shuffle' Disappointing Gov. Charlie Crist this week ordered his Office of Executive Clemency to make greater progress on granting citizens their civil rights, as the media and advocates have cited little progress on his 2007 policy change granting nonviolent offenders the right to vote, the Miami Herald reported. The article stated that "the governor's actions are too little, too late" for those hoping to vote in the upcoming election. "This was a lost opportunity," said Muslima Lewis, senior attorney for the ACLU's Racial Justice and Voting Rights Projects. "Had he issued today's executive order when we asked him to do so more than eight months ago, thousands more Floridians would have benefited. Waiting until August 27, when there are just over five weeks to register to vote for the November general election greatly diminishes the impact of the governor's action." An Orlando Sentinel editorial challenges Gov. Crist to "finish what you started," as thousands of citizens with felony offenses have yet to be notified on their voting status, despite his June announcement that more than 110,000 individuals' rights had been restored. "That was a good thing," the editorial states about the policy change. "But the process remains archaic because Florida is one of a few states that won't automatically restore civil rights to ex-felons." The Parole Board has lost several employees responsible for processing and contacting applicants causing a major lag and backup in notifying thousands of potential voters. "If you're going to pat yourself on the back for restoring civil rights, Mr. Crist, you may as well free up a few hands to finish what you started," the editorial concluded. According to an investigative report by the Orlando Sentinel, 9,000 of the 112,000 citizens who are newly eligible to vote had registered by the end of July. Virginia: Officials Working to Restore Rights of Hundreds by September Carla Whitehead recently got word from Gov. Tim Kaine that her application had been approved and her voting rights had been restored. "Basically, I view it as part of the restoration of my life . . . the opportunity for me to make a positive impact so others can see it from me," Whitehead was quoted as saying in the Richmond Times-Dispatch. She is among 158 citizens with nonviolent felony convictions who have had their voting rights restored by the governor since mid-April, according to the Commonwealth. Officials gave individuals seeking restoration until Aug. 1 to submit an application for eligibility consideration. Reportedly, 918 were received and 733 of these were found to be qualified. The remaining applications were disqualified due to additional convictions or incomplete information. Officials hope to process applications by Sept. 15. "It's not just about going in and getting your rights restored," said Hasan Zarif, a formerly incarcerated advocate whose rights were restored last year. "We're giving them a recipe for what they need to be doing so when the governor restores their rights, he's restoring the rights of a productive citizen." Kentucky: Advocates Mobilize for 11 Weeks of Registration, Education This week, 14 Kentuckians for the Commonwealth Electoral Organizers began training to help members identify, register, educate, and mobilize 15,000 voters between now and Election Day. Members include advocate Tayna Fogle, former University of Kentucky basketball player and graduate whose rights were restored after a lengthy process of writing an essay and acquiring three letters of recommendations in 2006 - a process that has now been eliminated. Alabama: No Advocate in Attorney General Responding to the various opinion editorials and news articles that have followed the ACLU felony disenfranchisement suit, Alabama Attorney General Troy King wrote an editorial "defending this litigation." "Personally, I have advocated, and continue to advocate, for a change in the Alabama Constitution. We have it within our power as citizens to amend the constitution to prevent all felons from voting, not just those whose crimes involve moral turpitude," he stated. "The United States Supreme Court has said that is lawful and I say it is good policy: Those who violate the laws should not have any role in electing the officials who make and enforce the law. Until the Alabama Constitution is amended, however, I will continue to advise registrars to follow the law and to defend it against the baseless attacks of the ACLU." National: BET Documentary on Disenfranchisement Airs Friday, Sunday In "Locked Out: Ex-Cons and the Vote," BET News correspondent Samson Styles investigates how disenfranchisement laws affect African-American turnout at the polls. As one of the 5.3 million people in America who has lost the right to vote due to a criminal conviction, Styles sets out on a journey to regain his own voting rights, explore the state-to-state differences of disfranchisement laws. Locked Out: Ex-Cons and the Vote airs Friday at 11:30 p.m. and Sunday at 1:30 p.m. Pennsylvania: "Felons Can Vote" Sign at Campaign Headquarters Causes Minor Stir A sign alerting all citizens, including those with felony offenses, to register to vote was removed from the Barack Obama campaign headquarters in Pottstown last week by staff, the Pottstown Mercury News reported. "They just realized maybe it was sending the wrong message and took it down themselves," said Sean Smith, a spokesman from the Philadelphia campaign office. Michael Slater, spokesman for Project Vote, which advocates for full participation in the election process, said the sign should have remained and the effort should be "applauded, not repudiated or criticized." - - - - - - 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

Press Release: Hemp Foods Do Not Interfere with Drug Testing

FOR IMMEDIATE RELEASE: Monday, August 25, 2008 CONTACT: Tom Murphy at 207-542-4998 or [email protected], Adam Eidinger at 202-744-2671 or [email protected] Hemp Foods Do Not Interfere with Drug Testing HIA Clarifies Journal of Analytical Toxicology Report San Francisco, CA – The Hemp Industries Association (HIA) is pleased that the authors of a new report in the July/August 2008 issue of the Journal of Analytical Toxicology (JAT), titled ”?9-Tetrahydrocannabinol Content of Commercially Available Hemp Products” (2008, Vol. 32, pages 428-432), found that “the amount of THC present in commercially available [hemp] products is significantly less in products available today” and that eating hemp foods “should not be considered as a realistic cause for a positive urine analysis result.” The HIA does believe, however, that using August 1, 2001 would have been a better cut-off date for the test results than using April 21, 2003 when assessing progress made by the industry. The earlier date would have been better, as it represents the official start of the HIA’s TestPledge program. TestPledge is a hemp food industry self-regulation program that implemented trace THC standards which are lower (and thus more stringent) than the Health Canada protocol for THC. The earlier date is also prior to the DEA’s publication of the “Exemption from Control of Certain Industrial Products and Materials Derived from the Cannabis Plant” (Federal Register, Vol. 66, No. 195) on Tuesday, October 9, 2001. The TestPledge program alleviates concerns by consumers that eating hemp nut or hemp oil products may cause confirmed positive drug tests. TestPledge also dispels concerns regarding hemp oil body care products topically applied to the skin. TestPledge companies commit to implementing quality control measures which limit the amount of trace residual THC in hemp nut and oil, thus eliminating the risk of confirmed positive drug tests and any interference with workplace drug testing. The TestPledge program is based on a study of trace THC in hemp food products that was conducted by Leson Environmental Consulting of Berkeley, California. A study summary was published in July 2000 and is available on the TestPledge Web site at http://www.testpledge.com/answers.htm. The final study, titled “Evaluating the Impact of Hemp Food Consumption on Workplace Drug Tests,” was published in 2001 in the Journal of Analytical Toxicology (2001, Vol. 25, pages 691-698). Hemp foods are made from low-THC oilseed varieties of industrial hemp, most of which are grown in Canada and are on the Health Canada List of Approved Cultivars. Cannabis-flavored candies are made with Cannabis flower essential oil (CFEO), also known as hemp essential oil, which is obtained from steam distillation of the flowers and upper leaves of the Cannabis plant. CFEO should not be confused with hemp oil, also known as hemp seed oil, which is a vegetable oil that is derived from the seeds of low-THC varieties of industrial hemp. Members of the HIA pledge to conduct their business in the hemp industry within the HIA guidelines for ethical business practices, including accuracy in labeling. These business practices preclude the use of drug slang and other marketing gimmicks that may give the “impression of illegality for a rebellious younger generation.” To that end, the HIA issued a Legal Advisory re: Hemp Essential Fragrance on February 24, 2004 and also formally advised its members on February 1, 2007 not to stock products made with CFEO. Such sales and marketing may result in public confusion concerning bona fide hemp seed and oil used in safe, healthy foods that are intentionally marketed so as to avoid having anything to do with drugs. # # #

The Sentencing Project: Disenfranchisement News/Updates 8/22/08

Alabama: Moral Turpitude 'Vastly Inferior' The Press-Register featured an opinion editorial by former assistant attorney general David Bourne which blasted the ACLU Alabama's recent lawsuit advocating that citizens with felony convictions be allowed to vote. Bourne writes "The ACLU's lawsuit is nothing but a first step toward setting up polling places in prisons and jails. Our state cannot allow that to happen." He further argued that election officials would be faced with major inconveniences in deciding in which districts prisoners lived and having to spend "entire, 12-hour voting days within jailhouse walls." Calling Alabama's disenfranchisement laws "dysfunctional" and "vastly inferior," a commentary by Sam Brooke and Kimble Forrister featured in the Huntsville Times emphasizes the complex system that has confused many citizens with felony convictions seeking their right to vote. "How could such widespread mistakes occur? The short answer is that confusion over Alabama voting laws has long vexed citizens and state officials alike," the authors state. "We have a shameful history of voter disfranchisement, and conflicting statements from the attorney general and the Legislature haven't helped." The Legislature has identified disfranchising felonies, which include murder, rape, and forgery - named by the Constitution as crimes of moral turpitude. "Now, termination of voting rights occurs only for felonies involving 'moral turpitude,' an antiquated term that is not defined in the constitution ... It is absurd to require citizens who have never been deemed by the Legislature to be disfranchised in the first place to go through this process to exercise a right they never legally lost," the commentary continues. State law allows citizens with felony offenses and those currently serving terms for lesser felonies such as felony DUI, attempted burglary, battery, aiding and abetting escape and some drug possession offenses to vote. More than 5,500 people have had their voting rights restored under the new process, and 220 had requests pending at the end of July, the Montgomery Advertiser reported. Another 327 received pardons between the beginning of the year and the end of July. As a result, activist and head of The Ordinary People's Society, the Rev. Kenneth Glasgow, continues to educate people in jail and citizens with felony convictions on Alabama's voting rights laws, the Dothan Eagle reported. For additional coverage, see the Final Call . California: County Jail Inmates Educated About their Right to Vote in Upcoming Election All of Us or None, a national organizing campaign, educated people in county jail in Redwood City on their right to vote. Dwight Dominique, who was released from jail six months ago, is helping to let inmates know that they can vote in the upcoming election, the San Mateo Daily News reported. Dominique said he didn't realize he was surrendering his vote when he pled guilty to felony drug charges. "Had I known, it probably would have made a different effect on the plea bargain I took," said Dominique, who was hoping to participate in this year's presidential election. Indiana: Advocacy Organization to Recruit 500 Volunteers to Register Voters The Grassroots Effort Committee for Change hopes to unveil voting power by helping to register individuals with felony offenses. They are recruiting 500 volunteers to educate and register the population, Fort Wayne's Frost Illustrated reported. Florida: Committee Supports Restoration While Commission Continues to Experience Backlog The Florida Advisory Committee to the United States Commission on Civil Rights last week released its report on the restoration of voting rights for citizens with felony convictions, "Ex-Felon Voting Rights in Florida: Revised Rules of Executive Clemency that Automatically Restore Civil Rights to Level-1 Offenders Is the Right Policy." In the report, the Committee unanimously supports a policy change and recommends that succeeding Governors and cabinet officials continue to endorse and retain this policy, Market Watch reported. The organization is a bi-partisan advisory panel to the U.S. Commission on Civil Rights. The full report is available on the Commission's Web site. The issue of disenfranchisement was featured in a Florida Courier article that reported on the community's disappointment in the lack of diversity that exists on the Florida Parole Commission. Although the Commission has restored voting rights to about 115,000 people with non-violent offenses, the Commission still has thousands more applications to review. The article stated that the Commission processes about 7,000 cases a month; the prison system stated that about 3,000 individuals are released every month, leaving a minimum two-year waiting period for individuals currently on the list. Illinois: 'Myth' Misinforms Too Many A Journal Gazette Times Courier letter to the editor stated that the "myth" that formerly incarcerated persons cannot vote is misinforming many. Written by a citizen with a felony conviction who hopes to educate and register individuals like himself, Robert D. Donnell stated that county officials, too, don't know the state's laws, contributing to the misinformation. - - - - - - 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

International Drug Policy Consortium Alert - August 2008; Alerta del IDPC - Agosto 2008

The International Drug Policy Consortium (IDPC) is a global network of NGOs and professional networks that specialise in issues related to illegal drug production and use. The Consortium aims to promote objective and open debate on the effectiveness, direction and content of drug policies at national and international level, and supports evidence-based policies that are effective in reducing drug-related harm. It disseminates the reports of its member organisations about particular drug-related matters, and offers expert consultancy services to policymakers and officials around the world. JOB OPPORTUNITY - IDPC COORDINATOR REQUIRED GLOBAL DRUG POLICY ANALYSIS AND ADVOCACY The International Drug Policy Consortium (IDPC) (www.idpc.info) is a global network of NGOs and professional networks that specialise in issues related to illegal drug use. It aims to promote objective and open debate on the effectiveness, direction and content of drug policies at national and international level, and supports evidence-based policies that are effective in reducing drug-related harm. In the two years of its existence, the IDPC has established itself as a credible and respected source of policy analysis and advice for many policy makers in national governments and international agencies. We are now looking to build on this foundation to broaden our analytical and advocacy activities. Release (http://www.release.org.uk/) manages the work of the IDPC and is looking to appoint a committed and highly professional individual to coordinate its activities. The successful candidate will combine a sound administrative and organisational sense, with good advocacy skills, and an ability to operate at a high level of international affairs. This position is London based, however, exceptional candidates based elsewhere will be considered. The salary range is £30-40k. If you are interested in applying for this post, please email Geni Horwood at [email protected] for: 1. Information letter 2. Person Specification 3. Job Description 4. IDPC work plan and membership list Completed applications should be submitted by 5th September 2008. Interviews will be held in London on 25th and 26th September. "UNGASS NEWS" UNGASS NEWS - AUGUST 2008. http://www.idpc.info/php-bin/documents/IDPC_UngassNews_August08_EN.pdf IDPC has produced an advocacy guide http://www.idpc.info/php-bin/documents/IDPC_AdvocacyGuide_June08_EN.pdf to describe the UNGASS 10-year review and the key issues within it. As a way of keeping our network informed, we are producing regular "UNGASS News" updates as the process unfolds. This second edition reports on the outcome of the first three intergovernmental working groups, and the "Beyond 2008" Global NGO Forum. INDONESIAN JANGKAR REPORT This is the report of Jangkar (the National Action Network for Drug Harm Reduction in Indonesia) and the Open Society Institute. The report is one of the first attempts to assess and depict violation of drug users’ human rights in Indonesia. Since the document is the pdf version of a printed bilingual publication in Indonesian and English, the English version should be read from back to front. http://www.idpc.info/php-bin/documents/Jangkar_2008_IDUandHumanRightsinIndonesia_IND_EN.pdf TRANS NATIONAL INSTITUTE PUBLICATIONS 10 YEARS OF TNI DRUGS AND DEMOCRACY PROGRAMME 1998 - 2008 TNI has been involved in international drugs policy work since the 1998 UN General Assembly Special Session on Drugs (UNGASS). This report summarises the lessons of 10 years of work in this field, emphasising drug controls that respect human rights: the rights of farmers caught in the illicit economy to a life in dignity; decriminalisation of drug use; and the promotion of harm reduction approaches where they are proven to save lives. English: http://www.tni.org/reports/drugs/10years.pdf Spanish: http://www.tni.org/reports/drugs/10anos.pdf REWRITING HISTORY: A RESPONSE TO THE 2008 WORLD DRUG REPORT In the new 2008 World Drug Report the UNODC is trying to hide failures behind a bad history lesson. Instead of a clear acknowledgement that the 10-year UNGASS targets have not been met, the WDR decided to go back 100 years into history claiming success in comparison with Chinese opium production and use in the early 20th century. English: http://www.ungassondrugs.org/images/stories/brief26.pdf Spanish: http://www.ungassondrugs.org/images/stories/brief26s.pdf PRIORITIES OF THE FRENCH PRESIDENCY ON DRUGS AND DRUG ADDICTION The priorities of the French Presidency of the EU have been published and the fight against drugs and drug addiction has been expressly included as a constant objective essential to the protection of citizens. The French presidency will facilitate the negotiation of the new EU action plan against drugs for 2009 - 2012 and prepare EU positions and strategy for the CND. There are hopes to coordinate national positions so that Europe can speak with one voice on the international stage and co-operate more effectively with the third world. The profound objective is to be more effective, that is to obtain a real and measurable impact on the drugs situation in member states and to communicate strategies better so that citizens know and understand them. A busy calendar of events has been prepared by the French Presidency to this end. http://www.drogues.gouv.fr/IMG/doc/PFUE_les_priorites_drogues.doc http://www.drogues.gouv.fr/IMG/doc/PFUECalendrier.doc An unofficial translation of the above documents has been prepared by IDPC: http://www.idpc.info/php-bin/documents/PFUE_July08_EN.pdf BEYOND 2008 In partnership with the United Nations Office on Drugs and Crime (UNODC) and led by the Vienna Non Governmental Organisations Committee on Narcotic Drugs 300 NGO delegates, from all regions of the world, met to debate and construct a consensus on policy recommendations and on mechanisms for NGOs and the government to work together. This consensus, in the form of a Declaration and Resolutions, will be tabled at the Commission on Narcotic Drugs and the UNODC as they prepare for the 1998 - 2008 UNGASS review. The Declaration and Resolutions can be found through this link: http://www.vngoc.org/images/uploads/file/BEYOND%202008%20DECLARATION%20AND%20RESOLUTIONS%20FINAL(1).pdf RELEASE CONFERENCE "Drugs, Race and Discrimination" is the theme of the upcoming 2008 Release Conference to be held in London on 18th September 2008. This unique event will focus on discrimination faced by drug users around the world. By highlighting the issues confronting people from an already marginalised background whose drug use leaves them open to further prejudice, this conference will tackle some of the most complex and interesting issues in drug policy today. International speakers presenting original material will include: Deborah Small (Break the Chains); Damon Barret (IHRA); Chris Huhne MP and King Downing (ACLU). Tickets are available on a first come first service basis by following the booking link on the conference programme available here: http://releaseorgu.eweb101.discountasp.net/latest_conference.html PETITION TO FREE IRANIAN HARM REDUCTION DOCTORS Paola Barahona, MPH, a Global Health Policy Associate with Physicians for Human Rights, Washington, is reaching out to friends, family, and colleagues and asking them to consider signing the attached petition to the Government of Iran on behalf of Drs. Kamiar Alaei and Arash Alaei, physician brothers who have been working on HIV and drug use in Iran for many years. They have been detained without any charges by Iranian security forces since late June. There is concern that their detainment may be related to their harm reduction work and leadership. The petition calls on the government of Iran to either charge or immediately release them. Please consider signing the petition online at http://actnow-phr.org/campaign/iran_free_the_docs and let Paula know if you would like her to keep you informed of progress in the case by emailing: [email protected] Please feel free to pass this alert on to any contacts who may be interested in drug policy issues. If you have received this alert in error, or do not wish to continue receiving our alerts, you can unsubscribe yourself by emailing to [email protected]

Watch new video on the human cost of marijuana prohibition

Dear friends:

If you only watch one video from the Marijuana Policy Project in your lifetime, let it be this one.

 

Naulls_Video

This new documentary from MPP is about the human costs of that war, told by those who have been caught in the crossfire: people like Bernie Ellis, who is fighting to keep the farm he has loved for 40 years after giving medical marijuana to terminal cancer patients ... people like the Naulls family, whose children and property were seized by law enforcement officers even though, as medical marijuana dispensary operators, they had broken no state laws ... and people like Marisa Garcia, who lost her student financial aid because of an arrest for a minor marijuana violation.

And then there are those like Jonathan Magbie, a quadriplegic who died in jail as a result of inadequate medical care after being convicted of possessing a small amount of marijuana, who will never be able to tell their stories.

Every week, we at the Marijuana Policy Project confront extreme government abuses like these, as the war on marijuana users rages on, with the government arresting law-abiding citizens, seizing their property, locking them up for decades, and even killing them.

With the help of our 25,000 dues-paying members, MPP is working to end the persecution and destruction of people just like you. You can help us bring sense to our nation's marijuana policies by making a financial contribution to our work.

Your help is desperately needed. In the time it takes you to watch this video, 28 more Americans will be arrested for marijuana.

We can end our government's cruel war on its own citizens — but we must stand and fight.

Sincerely,
Kampia signature (e-mail sized)

Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.

P.S. If you'd like to get your own copy of this video on DVD to show to friends and family, you can order it here.

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.

Press Release: First Global Conference On Methamphetamine To Feature 80 Speakers From 16 Countries

Press Release FOR IMMEDIATE RELEASE: August 13, 2008 Contact: Luciano Colonna Chair, Executive Program Committee +00 (1) 801 635 7736 (USA / UTC – 6 hours) [email protected] ` First Global Conference On Methamphetamine To Feature 80 Speakers From 16 Countries Full Program Agenda Available for Conference September 15 - 16, 2008, Prague, Czech Republic PRAGUE, Czech Republic, August 11 ­­­­-- The Global Conference On Methamphetamine today announced the program for the 2008 Global Conference on Methamphetamine. The conference will take place September 15-16, 2008, in Prague, Czech Republic. The full conference program is available online at http://www.globalmethconference.com/prague-08/programme-and-abstracts.php The program committee has created an exciting program full of new and cutting-edge topics that is relevant and engaging for the international community. The two-day conference will feature a keynote presentation by Dr. Louisa Degenhardt, of the National Drug and Alcohol Research Centre, University of New South Wales, Sydney, Australia. The conference includes two days of presentations, panels and discussions. There will also be methamphetamine laboratory displays and demonstrations. This following is just a small sample of the presentations that will be given at GCM 2008. Ivan Langer, Minster of the Interior of the Czech Republic, will speak on the Intersection of Policy and Research; Jeremy Douglas and Matthew Nice of the United Nations Office on Drugs and Crime (UNODC) will present UNODC’s 2008 Global Amphetamine Type Stimulant Situation Assessment; Ethan Nadelmann of the Drug Policy Alliance will present The Questions That Never – Or Almost Never – Get Asked About Methamphetamine; with Mike Sabin of New Zealand’s MethCon Group countering with his presentation Don’t Throw The Baby Out With the Bath Water. Also featured will be Network Environmental Systems' Methamphetamine Laboratory Display & Presentation. For the full program, visit the Global Conference on Methamphetamine Web site at http://www.globalmethconference.com Highlights of the Conference: New Methamphetamine Epidemic in Thailand Apinun Aramrattana, Research Institute of Health Sciences at Chiang Mai University Methamphetamine Abuse in China Lin Lu, Director, National Institute on Drug Dependence at Peking University The Methamphetamine Epidemic in the US: Speed, Crank, Crystal, Ice and Tina and the Public Health Consequences Richard Rawson, UCLA Integrated Substance Abuse Programs Methamphetamine: Clandestine Laboratory Update Robert Pennal, Bureau of Narcotic Enforcement, California Department of Justice Dramatic Increase in Methamphetamine Related Drug Treatment Admissions in Cape Town Andreas Plüddemann, South African Medical Research Council A Global Overview of Youth Methamphetamine Use: Where Are We Now and Where Are We Headed? Caitlin Padgett, Youth R.I.S.E. Social Aspects of Methamphetamine Injection in Russia Olga Borodkina, St. Petersburg State University Safety First: Prevention Education For Methamphetamine and Other Drugs Marsha Rosenbaum, Drug Policy Alliance Amphetamine Type Stimulant Injection in the Republic of Georgia David Otiashvili, Addiction Research Center, Union Alternative Georgia Methamphetamine in the Czech Republic: EU Pervitin Deviance or Laboratory of EU Drug Future? Tomáš Zábranský, Center for Addictology, Charles University in Prague, Speaking to Be Heard: Outreach to Gay Men in San Francisco Who Do Meth Michael Siever, The Stonewall Project, SF AIDS Foundation Quite a Lot of Smoke But Very Limited Fire - The Use of Methamphetamine in the European Union Danica Klempova1 & Chloe Carpentier, European Monitoring Centre for Drugs and Drug Addiction According to estimates by the United Nations Office of Drugs and Crime (UNODC) and the World Health Organization (WHO): More individuals worldwide now use stimulants than opiates and cocaine combined. Methamphetamine is the most widely used illicit drug in the world except for cannabis. Over 26 million individuals used amphetamine-type stimulants in 2007. Established trends show methamphetamine use to be widespread in North American, Asia, Australia, and New Zealand; while India, Pakistan, Eastern Europe, the Russian Federation, Sub-Saharan Africa, and Western Europe represent emerging markets or areas of perceived risk. Yet the development of appropriate and effective responses to stimulants lags. In most cases, treatment and prevention are inappropriately modeled on opiate and alcohol treatment, ignoring both the physical properties of the drug itself, and the fact that methamphetamine use patterns vary widely, and effective responses must be tailored to the unique needs of regions, cultures, and individual users. A lack of infrastructure, of funding, and of experts trained specifically in methamphetamine response compounds the problem. As nations struggle to develop appropriate responses to methamphetamine, it is crucial that the most current scientific research, information, and best practices be available to those seeking to implement solutions. The primary goal of the First Global Conference on Methamphetamine is to provide a context for this important work to take place. FOR MEDIA: The major sessions of the conference are open to reporters. Site visits, photo opportunities and interviews can be arranged. For journalists not traveling to Prague, interviews and briefings with key spokespeople and presenters can be arranged on request. Sponsors and Partners include: The Czech Republic, Charles University, City of Prague, Network Environmental Systems, Marathon Oil Company, Podane Ruce, Cranstoun Drug Services, Sananim, Institute Scan, and The Thorne Group. Website: www.globalmethamphetamine.com http://www.globalmethconference.com. Contact: Luciano Colonna Chair, Executive Program Committee - 2008 Global Conference On Methamphetamine +00 (1) 801 635 7736 (USA); [email protected] ###

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.

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.