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The Pain Relief Network: Update 5-19-08 -- Schneider Defense Calls DOJ Prosecution Unconstitutional

Schneider Defense Calls DOJ Prosecution Unconstitutional: Read the Briefs



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Schneider defense calls DOJ prosecution Unconstitutional

This case is an effort by the federal government to define and regulate the practice of medicine masquarading as a criminal prosecution. This case should not be about whether Dr. Schneider fell short of the standard of care for certain patients, but whether he engaged in the legitimate practice of medicine [...]

Memorandum of points and authorities in support of the defendants' joint motion for absention

The federal government has usurped the authority of the State of Kansas to regulate medicine within the State by bringing a halt to its regulatory process, and assuming that authority, impermissibly, through the federal criminal process. If any part of the Indictment is not dismissed as unconstitutional or otherwise defective, this Court should abstain, allowing the State process to run its course [...]

Competetive Enterprise Institute Joins Pain Relief Network in the battle against untreated pain

May 16, 2008
Cei.org
Today, millions of Americans live in chronic pain, without adequate access to prescription pain medications, because their doctors are too afraid of being harassed or even arrested by the Drug Enforcement Administration to prescribe sufficient doses. Everyone agrees that doctors should not be using their positions to supply addicts with narcotics or feed the illicit drug market. Many doctors, however, have been arrested or threatened with loss of their medical licenses simply for prescribing opiate-based pain medications in doses that federal drug authorities believe are too high [...]

LEAP on the Hill: Stories from the week of May 16, 2008

Am I that easy to read? After every conference I attend, I send a short note to each person I talked to & remind them of LEAP. From Dr. George (Jorge) a doctor employed by a federal agency (I wrote to him in Spanish) he wrote:‘estoy alegre que estas vivo y coleando.’ Coleando? I had no clue. Translation = I am glad you are still alive and nagging = must be Spanish for ‘Troublemaker.’ LOL Moment to remember: On Saturday I joined about 400 law enforcement members on a motorcycle run to the Police Officer’s Memorial in DC. My original intention was to politic but as soon as I saw the two walls with the names of 18,000 fallen officers, I never even started. The ATF (Alcohol, Tobacco, Firearms…a federal agency) had made nice 6 X 9 inch (15cm x 25cm) cards of their fallen agents. I was struck by how many had died a LODD (Line of Duty Death) between 1919 and 1933. After 10 minutes I realized I knew one name on the wall. I moved over to section 33W row 22: Gary Priess. We had worked in adjoining townships and had a friendly rivalry of who made the most traffic stops each year. While on a traffic stop in 2000, he was struck by a tractor-trailer. He was 44. I squatted there for many minutes, touching his name, remembering the good times. A hand touched my shoulder and squeezed. Such was the day. Privacy Rights Anyone? On Wednesday I attended all day and was the last speaker at the GOAL conference (Gay, Lesbian, Trans-gender law enforcement professionals). I listened for two hours as these officers told their difficult story of coming out in the open as a gay man, etc. I should not have been surprised by how similar it is for officers to ‘come out’ against the Drug War/Drug Prohibition. Both are potential problems for the officer. LEAP allows members to ‘stay in the closet’ with our ‘stealth’ membership. The response was about the same as a Rotary/Kiwanis club…most agreed & some could not wrap their minds around allowing an adult to buy a few grams of cocaine at the same place they buy their whiskey.

DrugSense FOCUS Alert: Tallahassee Drug Cops Accessories To Murder

DrugSense FOCUS Alert #366 - Monday, 19 May 2008 Another civilian alleged to be guilty of nothing more than possession of ecstasy and 25 grams of marijuana has been killed while under the watch of narcotics officers. This time, the dead woman is Rachel Morningstar Hoffman, a resident of Clearwater FL and a 2007 graduate of Florida State University in Tallahassee. Hoffman, 23, was found dead in rural Taylor County early Friday after two men suspected in her kidnapping and robbery led investigators to her body. Murder charges are pending, according to the Tallahassee Police Department. Hoffman was last seen Wednesday night near Forestmeadows Park while attempting to assist TPD vice investigators by buying drugs and a gun from two men. Though not yet convicted on the charges of marijuana possession and possessing ecstasy with intent to sell, the Tallahassee drug cops intimidated her into doing what should instead be the most risky part of their job. Rather than expose themselves - while using their state police training and their resources of being heavily armed and protected - they sent in Hoffman unarmed to deal with drug and weapon suppliers. Neither Ms. Hoffman's attorney of record nor the states attorneys office was notified of her involvement in this dangerous, high risk undercover operation by Tallahassee Police. Further, Ms Hoffman's participation in a court-ordered drug-treatment program should have precluded her from buying drugs for police, legal and treatment professionals have stated. Our country supports drug treatment. People undergoing treatment are required to avoid all contacts with anybody who uses or sells illegal drugs. Thus we should demand that laws preclude the use of any person undergoing treatment as an informant. ONLY due to the insanity of drug Prohibition policies would such an operation take place within our communities putting civilians at risk of injury and death as they do jobs that should instead be done by real police. But unfortunately, drug Prohibition guarantees that all drug dealing will be covert - behind closed doors - carried out by mystery players and participants. This is in contrast to the sensible system in place for literally 99% of drugs - notably alcohol, tobacco and Rx pharmaceuticals - where all dealers are out in the open. Police and regulators can easily investigate the how, when, where and who of all drug dealing that is not forced on to the street by 21st century Prohibition. Florida police, elected officials and voters all need to carefully consider how much longer we will endorse such a policy that leaves 100% control of production and dealing for a short list of in-demand drugs to street dealers, gangs and international cartels. Despite the sad death of Rachel Hoffman ten days ago and despite any number of future deaths that will occur among police and civilians alike, the "War on Drugs" continues to be an abject failure for reducing either the use of illicit drugs or the aggressive, violent street sales of those same drugs. Everyone needs to ask, "How many more police and civilians need to die before we come to our senses and end drug Prohibition?" Please consider sending a Letter to the Editor directed to the Tallahassee Democrat, which is the location of this sad story, and also the newspaper read daily by Florida State legislators and Governor Charlie Christ. Please also consider sending letters to other Florida newspapers which have carried opinions about this murder. Newspapers expect that the letters they receive be unique so please insure that each letter you send is at least slightly different. Letters of 200 words or less have the best chance of being printed. Thanks for your effort and support. It's not what others do it's what YOU do. ********************************************************************** The first story from the May 10 Tallahassee Democrat may be read here: http://www.mapinc.org/drugnews/v08/n483/a06.html MAP has archived almost 30 news and opinion clippings related to Ms. Hoffman's murder. New clippings are added each day: http://www.mapinc.org/people/Rachel+Hoffman Some of the best items to respond to are the Editorial and Opinion clippings, with the most recent being: US FL: Editorial: Rachel Hoffman Case Demands Outside Review (Tallahassee Democrat) http://www.mapinc.org/drugnews/v08/n493/a06.html US FL: OPED: Innocence Lost on Both Sides of the Law (Tallahassee Democrat) http://www.mapinc.org/drugnews/v08/n495/a01.html US FL: Editorial: Why Was Informer Put At Risk? (St Petersburg Times) http://www.mapinc.org/drugnews/v08/n504/a12.html US FL: PUB LTE: Blame the War on Drugs (Tampa Tribune) http://www.mapinc.org/drugnews/v08/n506/a04.html ********************************************************************** Additional suggestions for writing LTEs are at our Media Activism Center: http://www.mapinc.org/resource/#guides, or contact MAP's Media Activism Facilitator for tips on how to write LTEs that are printed. [email protected] ********************************************************************** PLEASE SEND US A COPY OF YOUR LETTER Please post a copy of your letter or report your action to the sent letter list ([email protected]) if you are subscribed, or by e-mailing a copy directly to [email protected] if you are not subscribed. Your letter will then be forwarded to the list so others can learn from your efforts. Subscribing to the Sent LTE list ([email protected]) will help you to review other sent LTEs and perhaps come up with new ideas or approaches as well as keeping others aware of your important writing efforts. To subscribe to the Sent LTE mailing list see http://www.mapinc.org/lists/index.htm#form ********************************************************************** Prepared by: The MAP Media Activism Team, www.mapinc.org/resource

1st Global Conference on Methamphetamine: Save money by registering EARLY!

1st global conference on methamphetamine

Science, Strategy and Response

Prague 2008

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The 1st Global Conference on Methamphetamine: Science, Strategy and Response, will take place in Prague on September 15th and 16th 2008. The primary objective of the conference is to bring together scientist, world leaders and professionals to discuss the intersection between methamphetamine use, public health, law enforcement and civil society.

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For information regarding registration, conference programme, exhibiting, sponsorship, travel and hotel accomodations, please visit:

www.globalmethconference.com

email

[email protected]

Conference Team

t.  +44 (0) 208 987 6021  f. +44 (0) 208 994 1533

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The conference partners would like to thank the City of Prague for supporting this event.

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Partners

Weave Consulting, Podane Ruce, Cranstoun Drug Services, COCA, Sananim, SCAN, Charles University, HRC 

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c/o Weave Consulting, 10 Barley Mow Passage, London W4 4PH

Company registered in the UK 5658749

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to unsubscribe click here and type unsubscribe in the subject

[email protected]

The Sentencing Project: Disenfranchisement News/Updates 5/15/08

National: Association of Paroling Authorities International Supports Re-enfranchisement The Association of Paroling Authorities International recently voted to approve a resolution to restore voting rights to individuals after release from prison. The resolution states: "Now, therefore, be it resolved, that the Association of Paroling Authorities International supports the restoration of voting rights for offenders reentering the community and encourages the participation of paroling authorities in the passage and implementation of laws that engage former offenders in the civic discourse." The APAI is an international membership organization composed of criminal justice professionals dedicated to maintaining responsible parole practices. - - - - - - 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: Religious Leaders Urge Minnesota House, Governor to Pass Medical Marijuana Bill

Gretchen Steele 

For Immediate Release: May 12, 2008

Religious Leaders Urge Minnesota House, Governor to Pass Medical Marijuana Bill
Fifty Clergypersons from Nine Denominations Take Action for Compassion


Contact:  Charles Thomas, IDPI executive director, 301-938-1577

    Fifty religious leaders throughout the state are urging the Minnesota House to pass a bill to allow seriously ill patients to use medical marijuana with a doctor’s recommendation.

    Denominations with official positions supporting medical marijuana include the United Methodist Church, Presbyterian Church (USA), Union for Reform Judaism, Episcopal Church, and United Church of Christ.  In addition to clergy from these denominations, medical marijuana supporters in Minnesota include clergy from Catholic, Evangelical Lutheran, and Baptist congregations.

    Clergy from these nine denominations endorsed the Interfaith Drug Policy Initiative’s statement of principle reading, “Licensed medical doctors should not be punished for recommending the medical use of marijuana to seriously ill patients, and seriously ill patients should not be subject to criminal sanctions for using marijuana if the patient’s physician has told the patient that such use is likely to be beneficial.”

    This is precisely what S.F. 345, Minnesota’s medical marijuana bill, would accomplish.  Similar laws have been enacted in 12 other states.  Patients in Minnesota suffering from cancer, AIDS, multiple sclerosis, and other serious illnesses who find marijuana to be helpful currently face a terrible choice: Either continue to suffer needlessly or risk arrest and jail. Although the Senate has already passed the bill, and polls show an overwhelming majority of Minnesotans in favor of it, Gov. Tim Pawlenty has threatened to veto is as long as members of the law enforcement community oppose it.

    “Medical marijuana is an issue of mercy and compassion,” said the Rev. Mark Stenberg from Mercy Seat Lutheran Church in Minneapolis.  “It's immoral to punish people for making an earnest attempt at healing.  As people of faith, we are called to stand up for humans who are suffering needlessly.”

    A letter featuring the statement signed by fifty Minnesota religious leaders was sent to all members of the state House.  Many of the clergypersons followed up by making phone calls to their representatives.

    “The moral choice on this issue is clear,” said Charles Thomas, executive director of IDPI, which is coordinating the religious lobbying efforts in Minnesota.  “We pray that the House, the law enforcement community, and Governor Pawlenty will heed this call for compassion.”

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Prison Art Gallery: New 22 Million Dollar Home for Our Prison Art

Yes, the rumors you have heard are true! Our beautiful prison art has a new 22 million dollar home. Announcing the opening of the National Museum of Crime and Punishment on May 23 featuring many of our most striking and gorgeous pieces. Long in the planning, and generous in the funding, a new museum opens in Washington, DC, on May 23, 2008. Located on 7th Street NW (a half block from the popular Verizon Center and one block form the famous International Spy Museum), the National Museum of Crime and Punishment is destined to become the "must" place to visit in the Nation's capital. We are proud that many of the most beautiful and unusual pieces of prison art from our Prison Art Gallery are featured at the museum. In addition, the museum's large and innovative gift shop carries many of our prison art prints. You'll want to be among the first to visit this extraordinary museum. With exhibits such as a recreation of Al Capone's plush jail cell and John Dillinger's actual getaway car, and with equipment that will allow you to get your own authentic mug shots and test your skills at outsmarting a lie detector test, your visit will be both interesting and educational. For more information, please visit CrimeMuseum.org.

The Sentencing Project: Disenfranchisement News/Updates 5/8/08

National: 'What If' Disenfranchisement was No More? Erika Wood, Director of the Democracy Program at the Brennan Center for Justice, published "What if 5.3 Million More Americans Could Vote?," an opinion editorial featured on AlterNet. Listing the collateral consequences of disenfranchisement, Wood emphasized the Jim Crow roots of barring voters and the ongoing disproportionate impact of felony disenfranchisement laws on people of color. She also described the "ripple effect" caused by disenfranchisement. "Felony disenfranchisement laws do not only impact those who lose their voting rights," Wood writes. "Entire communities lose their political capital when their citizens cannot vote. Denying the vote to one person has a ripple effect, dramatically decreasing the political power of urban and minority communities." Despite setbacks in some states, there are reform efforts in Congress, she reported. Sen. Russ Feingold and Rep. John Conyers are expected to soon introduce the Democracy Restoration Act, a bill that seeks to restore voting rights in federal elections to all Americans who have been released from prison and are living in the community. "The promise of our democracy will never be realized if 4 million Americans remain disenfranchised. It is time to end this last blanket barrier to the ballot box," Wood concluded. Tennessee: Arrest for Voting Further Disenfranchises Woman Carla Thomas Smith was arrested last month for registering to vote and casting ballots in November 2004 and November 2006, according to the Leaf Chronicle. The Tennessee resident, who was released on bond, was charged with "accessory after the fact" in 1995 - a felony conviction - which disqualified her from voting in the state. Currently, Tennessee law bans those convicted of a felony with a maximum sentence of more than a year, with the possibility of reinstatement. Those convicted of murder, some sexual offenses, treason and voting fraud permanently lose their right to vote. Further, the law disenfranchises those with felony offenses who have outstanding legal financial obligations, restitution or child support fees. Massachusetts: 'The More We Imprison, the Less We Vote' Two citizenship students at Amherst College - one on the 'inside,' the other on the 'outside,' rally for disenfranchisement reform in a co-authored opinion editorial published in the Boston Globe. They write: "We all write the same papers, read the same material by John Locke and Alexis de Tocqueville, and are all equally engaged in debating and discussing everything from the role of the good citizen to America's role in the world. There is no reason to think inmates are uniquely unqualified to wield a vote, and no reason to think they can't." The class, which meets at the Hampshire County Correctional Facility, combines college students with inmates at the prison. In regard to the more than 25,000 inmates in Massachusetts prisons and jails, the students state that in an effort to better integrate formerly incarcerated individuals in society, voting rights are a key component. - - - - - - 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: Former Sheriff, Legislator Speaks Out for Medical Marijuana in New Ad

 

FOR IMMEDIATE RELEASE   
MAY 8, 2008

Former Sheriff, Legislator Speaks Out for Medical Marijuana in New Ad
Advocates Address Most Recent Mistruths from Dakota County Attorney

CONTACT: Neal Levine, MPP director of state campaigns, (612) 424-7001

MINNEAPOLIS — Proponents of a bill to protect seriously ill patients from arrest for using medical marijuana with a doctor's recommendation released their latest TV ad today featuring former Fillmore County sheriff and state representative Neil Haugerud, who suffers from severe, intractable pain due to inflammation of the spine.

    Opposition to the bill, which according to a new KSTP poll has the support of 64 percent of Minnesotans and has already passed the Senate, has been largely confined to a handful of members of the law enforcement community. Gov. Tim Pawlenty has threatened to veto the bill as long as law enforcement opposes it, but advocates and patients maintain that that opposition relies on false, misleading arguments.

    "Law enforcement I think is stepping out of bounds," Haugerud says in the ad. "Law enforcement is there to enforce the laws in relation to what the law is – they really don't need to influence ... what the law should be." The new ad is online at http://minnesotacares.org/Ads_video.html.

    "Neil Haugerud knows this issue from both sides – as a longtime sheriff, and now as a patient suffering severe pain every day, who might benefit from medical marijuana," said Neal Levine, director of state campaigns for the Marijuana Policy Project. "We urge the House to quickly send this to the governor’s desk, and hope that Governor Pawlenty will reject the misinformation coming from a few in law enforcement and sign this compassionate, tightly crafted bill into law."

    The most egregious misinformation came from Dakota County Attorney James Backstrom, who in a May 1 e-mail to legislators accused medical marijuana supporters of making "inflammatory, slanderous and extremely offensive" charges – for calling him on his misstatements, which included objections to portions of the bill that were removed or amended at law enforcement's request over a year ago. Backstrom's statements are available at http://minnesotacares.org/backstrom_email_mn_house.html and http://minnesotacares.org/mm_email_mn_house.html. Detailed, sourced refutations of 32 false claims in these statements are available here: http://minnesotacares.org/32_false_law_claims_mm.html, and video responses to the most blatant falsehoods are at http://minnesotacares.org/Videos.html.

    With more than 23,000 members and 180,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. For more information, please visit www.MarijuanaPolicy.org.

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Americans for Safe Access: May 2008 Activist Newsletter

California Medical Marijuana Employment Rights Bill Advances

Legislation Moves to Assembly with Committee Approvals, Union support

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

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

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

ASA Chief Counsel Joe Elford ASA Chief Counsel Joe Elford

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

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

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

Gary Ross Gary Ross, speaking to the media

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

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

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

New Patient Bill in Congress

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

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

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

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