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Drug Policy Forum of Kansas: Action Alert - January 13, 2008

1) Kansas Legislative Session Starts Tomorrow 2) Medical Marijuana Organization Gains Creditability 3) Wichita Doctor - Criminal or Drug War Victim? 4) DPFKS has new address The Kansas Legislative Session starts up again for the second half of the 2007/2008 session tomorrow. Check our website after January 20th for updates and analysis of drug policy reform-related bills. The Kansas Compassionate Care Coalition, a Kansas-based advocacy organization seeking legislation protecting medical marijuana patients from arrest, is mentioned today in a front page article in the Topeka Capitol-Journal on legislative priorities (see http://www.cjonline.com/stories/011308/sta_236261740.shtml). The 800-member strong organization is founded around a Statement of Principle regarding medical marijuana. Former Kansas Attorney General Robert T. Stephan held a press conference in August announcing his support for the organization. For more information on the organization and to sign their Statement of Principle, see their website, www.ksccc.org. Wichita pain-management doctor, Stephen Schneider and his nurse-wife Linda were arrested last month and charged in 34-count indictment of, among other things, causing the death of their patients by over prescribing opiate pain medication. A New Mexico-based organization, the Pain Relief Network, have come to the doctors defense by filing a lawsuit alleging that the Controlled Substances Act is being illegally enforced by the federal government. The doctor and his wife are being held without bail, have been denied visits by their teenage children, and have had all their assets seized by the government. The government is now trying to remove their court appointed attorneys from the case. The Board of Healing Arts will rule on Tuesday whether to close his Wichita clinic. Sounds like their guilty before even going to trial! Read all the latest news about Dr. Schneider’s case at the Pain Relief Network’s website and decide for yourself if he is criminal or a victim of the government’s war on drugs. http://www.painreliefnetwork.org/prn/category/news/ Our mailing address has changed! It is now: DPFKS, P.O. Box 357, Lawrence, Kansas 66044. Please help us promote innovative drug policies by sending your tax-deductible donation today. Become a member: Add yourself to our mailing list by going to our web site www.dpfks.org.

Prison Art Galley: Free Stuff on our Newly Expanded Website

[Courtesy of Prision Art Galley] Here's What You Get FREE when you visit our website www.PrisonsFoundation.org now! Complete CDs of your favorite music performed by ex-prisoner musicians, and access to daily News You Can Use updates and complete archives. All absolutely FREE! We have some very special treats in store for you when you visit our newly expanded website www.PrisonsFoundation.org. No sign-up, password, or anything else required. Just come and get! You can download complete music CDs performed by the Prison Art Gallery Guitar Ensemble. Choose one or all of the following ten CDs, each over an hour, and now absolutely FREE: Mostly Motown, Beatles Forever, Latin Love, Duke Ellington Songbook, Rogers and Hammerstein Songbook, Carole King Songbook, Gershwin Songbook, Classic Jewish Songs, Hoagy Carmichael Songbook, and Irving Berlin Songbook. Also, you can get Free daily installments of News You Can Use featuring the latest national, global and local prison developments from authoritative sources. Our archives go back years, so whatever prison-related subject you're looking for, you'll find it here. FREE. Don't Miss Our Upcoming FREE Reception Featuring Judge Arthur Bennett You are cordially invited to attend a free reception at the Prison Art Gallery, 1600 K St NW, Washington, DC (three blocks from the White House) featuring a talk by Judge Arthur Burnett. There will be a question and answer period following Judge Burnett's presentation. Refreshments will be served. If you ever wanted to know more about the inner workings of the judicial system that sends so many people to prison, this is a rare opportunity to find out. Senior Judge Arthur L. Burnett, Sr., now on leave from the Superior Court of the District of Columbia, currently serves as the Executive Director of the National African American Drug Policy Coalition. In that capacity he seeks alternatives to incarceration, including the use of drug courts and treatment instead of prisons. His influential Coalition consists of twenty-three professional organizations of lawyers, doctors, dentists, nurses, social workers, sociologists, psychologists and other behavioral scientists. Judge Burnett graduated from Howard University summa cum laude and received his law degree from New York University in 1958. He commenced his law career that year in the Attorney General's Honors Program at the United States Department of Justice in the Criminal Division. In 1965 he became an Assistant United States Attorney in Washington, D.C. where he prosecuted homicides, among other cases. In 1968 he became the first General Counsel of the Metropolitan Police Department in the District of Columbia. After serving in other distinguished positions, he was appointed by the President of the United States to the Superior Court of the District of Columbia in 1987. Please join us for this special Free event on Sunday, Jan. 20, 2008, at the Prison Art Gallery, 1600 K Street NW, Suite 501, Washington, DC. For further information, please call 202-393-1511 or email [email protected].

ASA’s Medical Marijuana in the News: 1/5/08


ASA ACTION: City of San Diego Sides with ASA on Patient Rights

When officials from three counties tried to opt out of California’s requirement that they issue medical marijuana patients ID cards, ASA’s legal team took action. ASA Chief Counsel Joe Elford appeared in court on behalf of a coalition of advocacy groups to argue that state law must be respected, and won. San Diego County was alone in deciding to appeal the ruling, and now the city of San Diego has filed a brief arguing in favor of patients.

City files amicus brief for medical ID cards
by Jeff McDonald, San Diego Union Tribune
In the legal tug of war between the county and state over medical marijuana, the city of San Diego has sided with Sacramento – and voters.

County Wants Relief of Duty Providing ID Cards for Medical Marijuana Users
Fox 6 San Diego
The city of San Diego has taken the state's side against San Diego county in a battle about medical marijuana use, according to court documents.

County, City At Odds Over Medical Marijuana
NBC San Diego
The city of San Diego joined the fight in support of medicinal marijuana Friday, issuing a request to the state court to confirm that ailing patients have the right to use the drug for medicinal purposes.


MONTANA: Corrections Officials Try to Block Access

Medical care for Montanans under state supervision would be limited if corrections officials get their way. But there is substantial opposition to the plan, which would eliminate access to the state’s medical marijuana program for those on parole or probation.

Medical Pot Ban Sought for Parolees
by Mattt Gouras, Associated Press
Montana's Department of Corrections is facing stiff resistance to a proposal to prohibit all people on parole or probation from obtaining medical marijuana.

Medical Marijuana - No medicine for parolees
by Patrick Duganz , Missoula News (MT)
Convicts on parole or probation in Montana currently have the same rights as anybody else to use medical marijuana as prescribed by a physician, but the Montana Department of Corrections (DOC) wants to alter this policy because of a perception that parolees are “doctor shopping” for the legal medication.

U.S. Sentencing Commission Approves Crack Reform for Federal Prisoners

[Courtesy of The Sentencing Project] The day after the Supreme Court affirmed a judge's decision to sentence below the guideline range based on the unfairness of the crack cocaine sentencing disparity, the United States Sentencing Commission today voted unanimously to make retroactive its recent guideline amendment on crack cocaine offenses. The USSC's decision now makes an estimated 19,500 persons in prison eligible for a sentence reduction averaging more than two years. Releases are subject to judicial review and will be staggered over 30 years. The Sentencing Project applauds the USSC for responding at this heightened time of public awareness about excessive penalties and disparate treatment within the justice system. "The Commission's decision marks an important moment not only for the 19,500 people retroactivity will impact, but for the justice system as a whole," stated Marc Mauer, Executive Director of The Sentencing Project. "Today's action, combined with the Court's decision yesterday, restores a measure of rationality to federal sentencing while also addressing the unconscionable racial disparities that the war on drugs has produced." The Sentencing Project estimates that once the sentencing change is fully implemented, there will be a reduction of up to $1 billion in prison costs. Because African Americans comprise more than 80% of those incarcerated for crack cocaine offenses, the sentencing reform will also help reduce racial disparity in federal prisons. The Commission sets the advisory guideline range that federal judges use when sentencing defendants. In May the Commission recommended statutory reforms and proposed to Congress an amendment to decrease the guideline offense level for crack cocaine offenses. The amendment went unchallenged by Congress and went into effect on November 1st. The Commission's action today makes that guideline change retroactive to persons sentenced prior to November 1st. The guideline changes do not affect the mandatory minimum penalties that apply to crack cocaine, which can only be addressed through Congressional action. "Justice demands that Congress take the next step and eliminate the harsh mandatory minimums for low-level crack cocaine offenses," said Mauer. The Commission's vote comes a day after the United States Supreme Court ruled 7-2 in Kimbrough v. United States that a federal district judge's below-guideline sentencing decision based on the unfairness of the 100 to 1 quantity disparity between powder and crack cocaine was permissible. In June, Sen. Joseph Biden introduced the Drug Sentencing Reform and Kingpin Trafficking Act of 2007, legislation which would equalize the penalties for crack and powder cocaine offenses. Biden's bill, S. 1711, aims to shift federal law enforcement's focus from street-level dealers towards high-level traffickers.

Press Release: Marijuana is Quickest Path to Millions - The New California Gold Rush

News Release FOR IMMEDIATE RELEASE December 10, 2007 Web Site: http://MarijuanaBusinessNews.com Contact: Clifford Schaffer Email: [email protected] Number: 661-268-0442 Marijuana is Quickest Path to Millions: The New California Gold Rush The quickest and most reliable way to make a million dollars is currently the marijuana business, and thousands are rushing to cash in, according to research conducted by MarijuanaBusinessNews.com. In 1996, California passed Proposition 215, which legalized marijuana for medical use. The only requirement was that users obtain a recommendation from a doctor. In the following years hundreds of thousands of people have obtained recommendations for medical marijuana. Along with them came an entirely new kind of business – the marijuana compassion clubs. What started as a few small patient’s clubs in the San Francisco Bay area has grown to the point where there are estimated four hundred medical marijuana outlets openly operating in the City of Los Angeles alone. Statewide, there may be as many as a thousand – not counting delivery services. While the legalities surrounding these clubs are uncertain, the profits are not, according to Clifford Schaffer, Editor of MarijuanaBusinessNews.com. He says that the number of new millionaires being created dwarfs the California lottery. “The California lottery is advertising that they will make five new millionaires on New Year’s Day. According to our research, the marijuana business does that about twice a week in California,” said Schaffer. “The marijuana business is in absolutely phenomenal shape right now. It is the equivalent of being able to grow solid gold in your closet. It is the new California Gold Rush, and it is way bigger than the last one.” The time to make a million can be extremely short. “Our research shows that a smart operator can be a millionaire after taxes in less than a year,” said Schaffer. . “That’s not just our guess. We have found numerous examples where it already happened.” To prove the point, MarijuanaBusinessNews.com features two pages that show how fast someone can make a million dollars. One page allows users to calculate how money they will make growing marijuana, while another page gives estimates for retail sales. Users enter their basic business assumptions and the web pages show the financial results before and after taxes. Schaffer says that the opening up of the medical marijuana market has also produced a change in the kind of people in the business. “We are finding more and more small entrepreneurs going into the business,” said Schaffer. “The new entrepreneurs are not the thugs and professional criminals that have dominated the industry in the past. The majority of the people running these operations are natural-born US citizens who are both patriotic and law-abiding – with the exception of the marijuana business, of course. Except for the fact that they are in the marijuana business, they are no different than the people running any other legitimate small business. They are no different than the people you knew in high school.” As for the risks of getting busted, Schaffer says the research shows that the risk of being put out of business by law enforcement is low. “Proposition 215 removed much of the threat from local law enforcement,” said Schaffer, “and the Federal Government doesn’t have the resources. The DEA has been reduced to sending letters to landlords and throwing temper tantrums.” Schaffer points to a number of recent instances in which the DEA has raided marijuana stores but haven’t arrested anyone. “They just take all the cash and marijuana and trash the place,” said Schaffer. “They just loot the places because they don’t have the resources to do anything else. They don’t even bother to account for the money they take.” “Marijuana is de facto legal in California,” said Schaffer, “and all the king’s horses and all the king’s men are not going to change it. Economics has won. The entrepreneurs have effectively negated government policy.” Clifford A. Schaffer Editor, Marijuana Business News http://www.MarijuanaBusinessNews.com 661-268-0442

Prison Art Clocks let you do time with your favorite imprisoned artists. Only $16.99 (reg $20)

[Courtesy of Prison Art Gallery] Our new Prison Art wall clocks are now on sale for the introductory price of just $16.99. Choose from among ten images created by imprisoned artists from across America. You won't fine a more beautiful, socially-conscious, or TIMELY holiday gift anywhere, even if you spend three times as much. Order yours today before TIME runs out! To view and order these gorgeous and practical works of art, please visit http://www.cafepress.com/jail/4246550. If you have any questions, please call 202-393-1511 anytime.

The Sentencing Project: Disenfranchisement News & Updates - 12/7/07

Florida: Public Interest Group Announces Web site, Hotline to Register Formerly Incarcerated Citizens People for the American Way Foundation (PFAW) scheduled a press conference this week to announce a large-scale effort to get thousands of formerly incarcerated citizens to the polls. Its announcement comes a day after Chief District Judge Robert Hinkle dismissed a voting rights suit filed by U.S. Sen. Bill Nelson and other congressional Democrats alleging that the Democratic National Committee violated the rights of millions of Florida Democrats by stripping the state of its convention delegates, a punishment for moving the presidential primary from March to Jan. 29, according to the Tallahassee Democrat. As part of PFAW's plans, a Web site and hotline will be set up to help register formerly incarcerated individuals. Nevada: Debate Ensues on Proving Restoration Eligibility with Affidavits Next week, a legislative subcommittee is scheduled to review voting rules recently adopted by the Nevada secretary of state's office that allow formerly incarcerated residents to submit sworn affidavits confirming the restoration of their voting rights. Brenda Erdoes, chief legal counsel for legislators, however, said a personal affidavit isn't enough and an individual must produce an official document from a court or agency showing rights restoration, the Las Vegas Sun reported. Matt Griffin, elections chief for Secretary of State Ross Miller, disagrees and feels an affidavit is sufficient proof. - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information - Email: [email protected], Web: http://www.sentencingproject.org

Americans for Safe Access: December 2007 Activist Newsletter

Victory for Patients' Right to Return of Marijuana

Appeals Court Says Police Must Give Back Property Despite Federal Law

ASA's legal team won another huge victory when a California appeals court said police must return marijuana seized from qualified patients. The November 28th ruling in favor of Felix Kha, a medical marijuana patient from Garden Grove, means police must return the eight grams of medical marijuana they took from him in a June 2005 traffic stop.

The rally at the governor's office ASA Chief Counsel Joe Elford

Attorneys for the police claimed that they should not have to since federal law prohibits possession of marijuana, even for medical use. But a three-justice panel from the state's Fourth Appellate District unanimously rejected that claim, saying "it is not the job of the local police to enforce the federal drug laws."

"California law enforcement is now on notice that they cannot seize and keep the medicine of seriously ill patients," said ASA Chief Counsel Joe Elford, who represented Kha. "The court has ensured that patients have a way to get their cannabis back."

The ruling was more than two years in the making. After a marijuana possession charge against Kha was dismissed in August 2005 because he had a valid doctor's recommendation, an Orange County Superior Court judge ordered the return of his medicine. But the City of Garden Grove refused and appealed the order.

The issue was ripe for review, as state courts have split on the issue previously. The question found the California Attorney General and the California Police Chiefs Association on opposite sides. Both filed "friend of the court" briefs in the case on opposite sides of the issue, with the state Attorney General in support of Kha.

In analyzing reports from nearly 800 patient encounters with local or state police in 53 of California's 58 counties, ASA found that more than 90% resulted in medicine seizure by police, regardless of probable cause.

The court's ruling also affirms a 2005 policy change by the California Highway Patrol (CHP). CHP abandoned its policy of mandatory seizure of medical marijuana after a court challenge from ASA.

"Both today's court ruling and the new CHP policy go a long way toward restoring patients' rights in California," said Elford.

For further information, refer to:
Decision by the California Fourth Appellate District Court
Background on Felix Kha's return of property case

The LEAP Report -- Issue 10

A note from the editor_____________________________________________ Greetings my fellow reformers, I hope all is well with you and your loved ones. The holidays are in full swing, with Thanksgiving past us and Christmas just a few weeks away. During this busy time, it is easy to get wrapped up in family activities and parties, but don’t forget the less fortunate. This is time of year when charities need help the most, so do your part, donate your time, money, goods or anything you can to your favorite charity or nonprofit, which may include LEAP! Many of us LEAP members and volunteers will be heading off to New Orleans this week for the 2007 International Drug Policy Reform conference. There we will congregate with fellow drug reformers, network with drug war experts, lawyers, brilliant minds, political figures and more. We will also enjoy spending time with all our LEAP friends. Next month’s newsletter will have a special section on the conference for those of you who could not make it. I hope you enjoy this month’s Speakers Bureau Report, Mike Smithson has done a great job as always. Until next month…. Peace and Love, Joe Bokan P.S If you see me at the conference, say Hi, or email me at [email protected] Calling all LEAP members: It isn’t too late to be part of the LEAP presence at the International Drug Policy Conference in New Orleans. You can still register on line at http://kessjones.com/conf07/ . Already planning to attend DPA? Show your support for LEAP by wearing your LEAP t-shirt or lapel pin on Thursday December 6, 2007 for the opening of the session. Not attending DPA? You can still support LEAP in your community by wearing your LEAP t-shirt around town, calling your elected officials or calling your favorite talk radio station and telling the host about LEAP. If you’d like to learn how to do more for LEAP and will be in the New Orleans area, you are welcome to attend the Louisiana LEAP Training. You can count on these meetings to be fun and informative. The Louisiana Training will take place at the International Drug Policy Conference at 1:00 PM in the Burgundy Room of the Astor Crowne Plaza Hotel, 739 Canal Street at Bourbon Street, New Orleans on December 5, 2007. Make the LEAP and join us in New Orleans!

Mississippi Juvenile Justice Reformer Named New JPI Executive Director

[Courtesy of JPI] WASHINGTON, DC - The attorney, who drafted, advocated for and helped pass sweeping juvenile de-incarceration legislation in Mississippi has been selected by the Justice Policy Institute's Board of Directors to lead the organization into its next decade. The Justice Policy Institute (JPI), a national public policy institute dedicated to ending society's reliance on incarceration and promoting effective solutions to social problems, announced today that co-founder and Executive Director Jason Ziedenberg will step down and be replaced by Sheila A. Bedi. The transition will take place on January 14, 2008. "We are incredibly excited to have found someone as dynamic, talented and dedicated to JPI's mission as Sheila is," said JPI Board Treasurer, Peter Leone. "Under Sheila's leadership, JPI will continue its work in highlighting the negative consequences associated with society's reliance on incarceration." Bedi is currently the co-director and founder of the Mississippi Youth Justice Project (MYJP), a non-profit public policy and legal advocacy organization dedicated to the reform of Mississippi's juvenile justice system. At MYJP, Bedi drafted and helped win passage of the Mississippi Juvenile Justice Reform Act of 2005, a measure which prohibits the incarceration of first-time non-violent offenders and establishes community-based alternatives to incarceration. Bedi drafted The Mississippi Juvenile Delinquency Prevention Act of 2006 which requires training for juvenile defenders, re-entry planning for formerly incarcerated youth, set standards for juvenile detention centers and helped secure over $7 million for previously unfunded programs and services that will reduce the number of incarcerated children in Mississippi-including wrap-around services and other community-based alternatives. "After years of advocating for children locked-up in our nation's most brutal and notorious prisons, I know that just building 'better' prisons will only perpetuate the cycle of incarceration, compounding our communities' public safety challenges," said Bedi. "JPI's cutting-edge research and advocacy confirms that our nation's over-reliance on incarceration is the greatest civil rights and political crisis of our time. As Executive Director, I look forward to building on JPI's success and contributing to the de-incarceration movement nationwide." Since 1997, the Justice Policy Institute has worked to enhance the public dialog on incarceration through accessible research, public education and communications advocacy. Lawmakers, media, advocates, systems reformers, and the general public rely on JPI's timely analyses. Over the last decade, JPI's research and communication strategies have helped prevent federal laws that would prosecute more youth as adults, and the organization has collaborated with national and state-based campaigns to repeal these laws. JPI has worked to prevent initiatives for longer prison sentences or tougher juvenile justice measures from being enacted at the local, state and federal level. JPI has pursued legislation to divert drug-involved individuals from prison to drug treatment programs in Maryland and California, and has helped reshape public opinion around California's "Three Strikes Laws" and reforms to Maryland's drug sentencing statutes. JPI has elevated the importance of and promoted effective strategies to reduce the number of young people in pre-trial juvenile detention and reduce racial and ethnic disparities in the juvenile justice system. JPI has published more than four dozen policy reports which constitute a "cannon" of work that support reducing the use of incarceration. After a decade of serving in a number of positions at JPI, including three years as Executive Director, Ziedenberg is returning to the West Coast in 2008. "We thank Jason for his tireless work in helping JPI transition into a potent vehicle for de-incarceration work, and for managing the challenging shift of the organization to a new generation of leaders in this field," said Leone.