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DPA Press Release: US Sentencing Commission urges Congress to Reduce Crack/Powder Cocaine Sentencing Disparity

For Immediate Release: May 17, 2007 Contact: Jasmine L. Tyler at 202-294-8292 US Sentencing Commission urges Congress to Reduce Crack/Powder Cocaine Sentencing Disparity Experts to Brief Congress on Current Cocaine Policy and the Need for Reform Washington, DC—Criminal justice experts will hold briefings on the crack/powder cocaine sentencing disparity for Congressional staffers on Monday, May 21. They will discuss the United States Sentencing Commission’s (USSC) May 2007 Guideline Amendment and Report to Congress. Joining the panel will be Hilary Shelton from the NAACP, Pat Nolan from Prison Fellowship, and Lisa Rich from the USSC. These briefings will be moderated by Jessalyn McCurdy of the ACLU and Marc Mauer of The Sentencing Project. The briefing is co-sponsored by the Drug Policy Alliance. ********************************************************************* WHAT: Reforming Crack and Powder Cocaine Sentencing Briefing for Congressional staffers WHO: Members of Congress and staff, media, policy advocates, stakeholders, treatment providers, faith leaders When: Monday, May 21 House Briefing: 9 a.m. - B340 Rayburn House Office Building Senate Briefing: 2 p.m. - 485 Russell Senate Office Building ********************************************************************* Twenty years ago when the crack cocaine sentencing laws were first passed by Congress, the United States faced a panic about the alleged “crack epidemic” and operated under the impression that crack had inherent properties that made it infinitely more dangerous than powder cocaine. These reports, which served as the basis for the huge disparity, have since been found to be fundamentally flawed, rendering the 100-to-1 disparity arbitrary and capricious. Further, these laws have proven ineffective in reducing drug use or distribution and have instead exacerbated racial disparity and injustices in our criminal justice system. The USSC has taken the lead on eliminating the crack/powder sentencing disparity by amending the federal sentencing guidelines to lessen the punishment range for crack cocaine cases by approximately one to two years. The Commission also urged Congress to reform federal mandatory minimum sentences to reduce the statutory disparity. Currently, there is growing bipartisan support for reforming the crack/powder disparity. There are two house bills pending and a similar one before the Senate. # # #

DPA Press Release: Lawmakers, judges, and advocates rebuke Gov. O’Malley’s veto of sentencing reform bill

For Immediate Release: May 17, 2007 Contact: Naomi Long (202) 669-6071 or Laura Jones: (202) 425-4659 Lawmakers, judges, and advocates rebuke Gov. O’Malley’s veto of sentencing reform bill; O’Malley “clinging to the failed policies of the past” in a “lapse of leadership” Coalition vows to continue educating O’Malley, promoting treatment instead of prisons Annapolis—A coalition of advocates, law enforcement officials, drug treatment providers and policy experts today denounced Governor O’Malley’s veto of a bill that would have provided the possibility of parole for non-violent drug offenders. The sentencing reform bill, HB 992, was one of the only bills vetoed by O’Malley, despite its support from the legislature, the coalition, and the editorial pages of the Washington Post and Baltimore Sun. “The veto is a disappointing mistake,” said Justice Policy Institute executive director Jason Ziedenberg. “Instead of taking a baby step in the right direction towards treatment instead of prison, O’Malley is stubbornly clinging to the failed tough on crime policies of the past. The governor failed to show leadership and vision in this decision.” States across the country have taken steps to reform ineffective mandatory sentencing laws that remove discretion to consider the individual facts of the case. Newly-elected Massachusetts Governor Deval Patrick (D) recently called for wide ranging mandatory minimum sentencing reform. Newly-elected New York Governor Elliot Spitzer added language in his budget for a prison closure commission, and is considering a bill to further reform the state’s Rockefeller Drug Laws. Under the comparatively modest Maryland reform, individuals convicted of a 10-year sentence for a nonviolent drug reform would have been eligible for, but not guaranteed, parole. Individuals convicted of violent crimes would serve the full 10-year sentences. “Governor O’Malley has put Maryland out of step with other states that are moving in the direction of smarter, more effective sentencing policies,” said Naomi Long, Director of the Drug Policy Alliance District of Columbia Metropolitan Area project. “This veto was a lapse of leadership, and hurts Maryland’s efforts to implement the kinds of real reforms that would actually make a difference.” The state of Maryland spends millions of dollars each year incarcerating nonviolent drug offenders, the vast majority of whom would be better served by drug treatment options. A recent report by the Justice Policy Institute found that Maryland's sentencing laws disproportionately affect communities of color and may be the least effective, most expensive way to promote public safety. “The fight for more effective and fair sentencing policies isn’t over,” said Delegate Curtis Anderson (D-Baltimore), a sponsor of the legislation. “Maryland voters want more fair and effective sentencing policies. We will keep working with the Governor to implement those reforms.” The Partnership for Treatment, Not Incarceration supported HB 992, and is a consortium of organizations and individuals including members of faith communities, public health and drug treatment professionals, public defenders, judges, police and other law enforcement. For more information about bill, or to interview spokespeople who can respond, contact Naomi Long (202)669-6071. To learn more about sentencing reform work in Maryland, visit: www.justicepolicy.org and www.drugpolicy.org .

CMMNJ Press Release: Jim Miller to push wheelchair across New Jersey for Medical Marijuana

FOR IMMEDIATE RELEASE: May 16, 2007 For more info, contact: Ken @ (609) 394-2137 Jim Miller to push wheelchair across New Jersey for Medical Marijuana WHAT: Wheel chair march across New Jersey to dramatize plight of patients who are suffering needlessly due to legislature’s failure to pass medical marijuana bill (S 88 & A 933). WHO: Jim Miller, co-founder of the Coalition for Medical Marijuana--New Jersey, Inc., and Libertarian Party candidate for state senate from 10th District. Libertarian Party members, patients and friends will join Mr. Miller at the start of the march. WHEN: Sunday, May 20, 2007 at 12 noon (start) through Tuesday, May 22, 2007, 11 a.m to 1 p.m. rally in Trenton (finish). WHERE: March starts at Captain Hooks Bar, 1320 Boulevard, Seaside Heights, NJ, crosses Rt. 37 Bridge and stops for lunch at The Pier, 3430 Rt. 37 east, Toms River. March proceeds to Rt. 9 to Rt 33 to Trenton. Jim Miller, the co-founder of the Coalition for Medical Marijuana--New Jersey, Inc., (CMMNJ) will once again push his wife, Cheryl’s memorial wheelchair across the state of New Jersey starting Sunday, May 20, 2007 at 12 noon in order to call attention to patients who are suffering needlessly because they are denied access to medically recommended marijuana. Cheryl Miller, who died in 2003 from complications of Multiple Sclerosis, was a medical marijuana user and a tireless advocate for the right of patients to use this drug. “Cheryl Miller died without ever being able to use marijuana legally in New Jersey, despite the fact that marijuana eased her muscle spasms more effectively than any other drug and did so safely and with minimal side effects,” said Ken Wolski, RN, Executive Director of CMMNJ. See www.cherylheart.org for more details. Jim Miller is also this year’s Libertarian Party candidate for state senator from New Jersey’s 10th District. Libertarian Party members, patients, and friends will accompany Mr. Miller on the first leg of his march, from Captain Hooks Bar, located at 1320 Boulevard, Seaside Heights, across the Rt. 37 bridge to The Pier restaurant in Toms River, where they will stop for lunch. For more details of this year’s march, see: http://www.njlp.org. Mr. Miller said it has been 14 years since the last time he pushed his wife’s wheelchair across New Jersey, in May 1993. This year, Mr. Miller is expected to arrive in Trenton on Tuesday, May 22, 2007 at approximately 11 a.m. There will be a rally on the steps of the State House in Trenton when Mr. Miller arrives, until 1:00 p.m. The Coalition for Medical Marijuana--New Jersey, Inc. is a non-profit educational organization. CMMNJ has public meetings on the second Tuesday of every month at the Lawrence Township (Mercer County) Library, from 7:00 PM until 9:00 PM. All are welcome. Light refreshments are served. For more info, contact: Ken Wolski, RN, MPA, Executive Director Coalition for Medical Marijuana--New Jersey, Inc. 844 Spruce St., Trenton, NJ 08648 609.394.2137 www.cmmnj.org [email protected]

Green Party Press Release: War on drugs is a war on youth, people of color

For Immediate Release: May 16, 2007 Contacts: Scott McLarty, Media Coordinator, 202-518-5624, [email protected] & Starlene Rankin, Media Coordinator, 916-995-3805, [email protected] *Greens call for realistic debate in the 2008 Presidential race on the War on Drugs *Democratic and Republican politicians are ignoring the human and economic devastation caused by failed drug policies, unjust laws, and targeting of young people, the poor, and African Americans and Latinos, say Green Party leaders WASHINGTON, DC -- Green Party leaders called for a national discussion on how the US's 'war on drugs' has turned into a war on young people, the poor, and African Americans, Latinos, and other people of color. "The human and economic devastation caused by the war on drugs is missing from the range of debate among both Democratic and Republican presidential candidates. Politicians from these parties, when asked about drug policies, prefer to posture about law and order and endorse failed measures. These politicians don't realize that going along to get along makes one complicit said Cliff Thornton, Green candidate for Governor of Connecticut in 2006 and co-founder of Efficacy, Inc. , which promotes major reforms in drug policy. Greens cited a study by the American Civil Liberties Union ("Cracks in the System: Twenty Years of Unjust Federal Crack Cocaine Law," October 2006, ), 37% of people arrested, 59% of people convicted, and 74% of those sent to prison are African American, even though only 15% of drug users are African American. The Associated Press has reported that "a record 7 million people -- or one in every 32 American adults -- were behind bars, on probation or on parole by the end of last year, according to the Justice Department.... From 1995 to 2003, inmates in federal prison for drug offenses have accounted for 49 percent of total prison population growth." In state prisons, 260,000 people were serving sentences on nonviolent drug charges in 2005, of whom more than 70% were African American or Latino . The Department of Justice's Bureau of Justice Statistics reports that nearly one in eight drug prisoners (45,000 Americans) are behind bars for marijuana-related offenses. Green leaders also strongly criticized the punitive denial of financial aid to students with drug convictions, and supported Students for a Sensible Drug Policy in their effort to persuade Congress to reinstate such aid. "The war on drugs is an excuse to ignore the US Constitution's prohibition on cruel and unusual punishment, with long prison sentences for minor and nonviolent offenses. The drug war is meant to be waged, not won," added Mr. Thornton. "This is in part a result of pressure on elected officials from the private prison industry lobby, which seeks to build new prisons and fill up cells in order to win government giveaways and increase corporate profits. The Green Party calls for a public debate that challenges the rhetoric of Democratic and Republican politicians who are under influence of these companies, and that recognizes how the war on drugs has only resulted in more crime and violence." "We need to stop spending $50 billion a year on the drug war, and use that money for treatment. We need to repeal mandatory sentencing laws, which override judges' discretion in determining prison time, and 'three strikes' laws that send people -- mostly the poor and people of color -- away for life on nonviolent and minor felonies," said Kevin Zeese, 2006 candidate for the US Senate candidate in Maryland and president of Common Sense for Drug Policy . The Green Party's national platform endorses decriminalization of victimless crimes, such as the possession of small amounts of marijuana; an end to the war on drugs; expanded drug counseling and treatment; and an end to arrest of 'medical marijuana' arrests and prosecution. "Law enforcement should focus efforts on organized crime, including the laundering of drug money at banks, rather than on street-level drug trade, in which kids who get arrested -- or killed -- are quickly replaced," said Nan Garrett, Co-Chair of the National Women's Caucus of the Green Party and 2002 candidate for Governor of Georgia. "Addictive use should be treated as a medical and social problem. Locking up addicts in stressed prison environments, with minimal effort to address the addiction itself, and then freeing them to go back into the same circumstances that led to their abuse of drugs has only aggravated the problem of addiction. Greens endorse rational solutions to the problems of drug abuse that are based on science and health, compassion for addicts and their families, reduction of harm rather than moral judgment, and respect for basic civil liberties and principles of justice."

FAMM urges Congress to heed message from Commission, New report finds crack disparity unjustifiable, up to Congress to fix the problem

WASHINGTON, D.C.: Federal crack cocaine penalties overstate the harmfulness of the drug, apply mostly to low-level offenders, and hit minorities hardest, concludes the U.S. Sentencing Commission in a new report to Congress, "Cocaine and Federal Sentencing Policy," released today, May 15. Based on these findings, the Commission maintains it's consistently held position that current crack cocaine penalties significantly undermine the congressional objectives of the Sentencing Reform Act, including fairness, uniformity and proportionality. The solution? Congress should act, says the report. Mary Price, vice president and general counsel of Families Against Mandatory Minimums (FAMM), a national, nonpartisan sentencing reform organization, says, "The prisoners, children and families torn apart by these unjustifiably harsh penalties are watching closely and will welcome crack sentencing reforms that restore some justice to crack penalties. Only Congress can change our harsh mandatory minimum crack laws. Lawmakers should not squander the important opportunity presented by the most recent set of findings and recommendations by the Sentencing Commission. The time is ripe for reform, especially given the bipartisan support for crack sentencing reform that has emerged in recent years." In its report, the Commission again unanimously and strongly urged Congress to act promptly on the following recommendations: (1) Increase the five-year and ten-year mandatory minimum threshold quantities for crack cocaine offenses to focus the penalties more closely on serious and major traffickers, (2) Repeal the mandatory minimum sentence for simple possession of crack cocaine and (3) Reject addressing the 100-to-1 disparity by decreasing the five-year and ten-year mandatory minimum threshold quantities for powder cocaine offenses, citing no evidence to justify such an increase in quantity-based penalties for powder cocaine offenses. In addition, the Commission seeks authority to incorporate any future changes to the mandatory minimums for crack into the federal sentencing guidelines. FAMM strongly supports these recommendations and looks forward to working with members of Congress to implement these reasonable and long-overdue reforms to crack cocaine sentencing. Visit www.ussc.gov to read the report.

Supreme Court of New Mexico Strikes Down State’s Attempt to Convict Woman Struggling with Addiction During Pregnancy

For Immediate Release: May 11, 2007 CONTACT: Reena Szczepanski (DPA): 505-983-3277 or Nancy Goldstein (NAPW): 347-563-1647 Supreme Court of New Mexico Strikes Down State’s Attempt to Convict Woman Struggling with Addiction During Pregnancy Leading Physicians, Scientific Researchers, and Medical, Public Health, and Child Welfare Organizations Applaud Court’s Order On May 11, the Supreme Court of the State of New Mexico turned back the state's attempt to expand the criminal child abuse laws to apply to pregnant women and fetuses. In 2003, Ms. Cynthia Martinez was charged with felony child abuse “for permitting a child under 18 years of age to be placed in a situation that may endanger the child's life or health. . .” In bringing this prosecution, the state argued that a pregnant woman who cannot overcome a drug addiction before she gives birth should be sent to jail as a felony child abuser. Today the Supreme Court summarily affirmed the Court of Appeals decision, which overturned Ms. Martinez’s conviction. New Mexico joins more than 20 other states that have ruled on this issue and that have refused to judicially expand state criminal child abuse and related laws to reach the issues of pregnancy and addiction. The Drug Policy Alliance (“DPA”) and the National Advocates for Pregnant Women (“NAPW”) filed a friend-of-the-court brief http://www.drugpolicy.org/docUploads/NMvMartinezAmicusBrief.pdf on behalf of the New Mexico Public Health Association, the New Mexico Nurses Association, and nearly three dozen other leading medical and public health organizations, physicians, and scientific researchers. During oral argument, the Justices referenced the amicus brief filed by these organizations and expressed grave concerns about the deterrent effect such prosecutions would have on women seeking prenatal care. Tiloma Jayasinghe, NAPW staff attorney, explained, “Making child abuse laws applicable to pregnant women and fetuses would, by definition, make every woman who is low-income, uninsured, has health problems, and/or is battered who becomes pregnant a felony child abuser. In oral argument, the state’s attorney conceded that the law could potentially be applied to pregnant women who smoked.” Reena Szczepanski, Director of Drug Policy Alliance New Mexico, said, “I hope that this case serves as a reminder that pregnant women who are struggling with drug use should be offered prenatal care and drug treatment, not prosecution. There are better ways to protect our children in New Mexico, and ensure that future generations will be safe and healthy.”

California Assembly Passes Hemp Farming Legislation

FOR IMMEDIATE RELEASE: Thursday May 10, 2007 CONTACT: Adam Eidinger Ph: 202-744-2671, E: [email protected] or Tom Murphy Ph: 207-542-4998, E: [email protected] California Assembly Passes Hemp Farming Legislation AB 684 Would Allow Farmers to Grow Non-Drug Varieties of Cannabis SACRAMENTO, CA – California’s Assembly today voted 41 to 29, with 9 not voting, to approve AB 684, the California Industrial Hemp Farming Act of 2007. The legislation gives farmers the right to grow non-psychoactive Industrial Hemp which is commonly made into everything from food, clothing, paper, body care, bio-fuel and even auto parts. The bill now goes to the Senate where it is expected to have enough support to pass. The text of legislation can be found at: http://www.votehemp.com/state/california.html#Legislation. AB 684, the California Industrial Hemp Farming Act, was authored by Assemblyman Mark Leno (D-San Francisco) and Assemblyman Chuck DeVore (R-Irvine). This is the second time in two years that a bipartisan hemp farming bill has passed the Assembly. Last year, Governor Arnold Schwarzenegger vetoed AB 1147 which is nearly identical to AB 864. At that time the Governor claimed that bill would put farmers in jeopardy of federal prosecution if they grew hemp despite assurances by Vote Hemp and other supporting organizations such as the California based Hemp Industries Association and California Certified Organic Farmers there would be a challenge to the Drug Enforcement Administration’s legal authority to interfere with the state hemp farming law prior to implementation. “Passage of the hemp farming bill in the Assembly is a sign it is likely to reach Governor Schwarzenegger’s desk for the second year in row,” says Vote Hemp legal Council and San Francisco Attorney Patrick Goggin. “The mood in Sacramento is this bill is consistent with California’s effort to be leader on US environmental policy. Hemp is a versatile plant that can replace polluting crops such as cotton and is taking off as an organic food and body care ingredient. It is time to jump into the expanding market for hemp that California companies currently import from Canada and elsewhere.” Today more than 30 industrialized nations grow industrial hemp and export to the US. It is the only crop that is both illegal to grow and legal for Americans to import. Sales of hemp food and body care products have grown rapidly in recent years fueling an expansion of hemp farming in Canada which topped 48,000 acres in 2006. A telephone poll with a 3.5% margin of error of likely California voters taken from February 22 – 26 showed a total of 71% support changing state law to allow farmers to grow hemp. The survey was conducted by the respected research firm Zogby International on behalf of Vote Hemp and five manufacturers of hemp food products including Alpsnack®, French Meadow Bakery®, Living Harvest®, Nature’s Path Organic Foods® and Nutiva®. Poll questions and results regarding industrial hemp farming policy and consumer attitudes on hemp products and nutrition can be viewed online at: http://www.votehemp.com/polls.html. There is evidence of strong support among men and women and self-identified liberal and conservative voters on the issue. Among California Republicans, 60% support changing state law on hemp while 74% of Democrats are in support. Support was also steady among all age groups, ranging from 54% of 18 to 29 year olds to 82% of 30 to 49 year olds, 74% of 50 to 64 years olds and 60% of those over 65 years old. # # More information about hemp legislation and the crop’s many uses can be found at www.VoteHemp.com.

Join NORML In Los Angeles For Our 2007 National Conference -- Sign Up Today To Take Advantage Of NORML’s Limited Discounted Rates

NORML welcomes you to join us in Los Angeles Friday, October 12, and Saturday, October 13, for the 2007 national NORML Conference. This year’s two-day ‘extravaganja’ will take place at the Sheraton Universal Hotel in Universal City. Please mark your calendar now and plan to join us as we focus on the latest marijuana policy developments at the state and federal levels, celebrate our victories over the past year, and hear from the world’s leading activists and cannabis law reform organizations. Network with the nation's top advocates, mingle with celebrities and members of High Times Magazine, as well as NORML's staff and board of directors, and enjoy a variety of unique after-hours events. Register early and take advantage of special discounted pricing on both the conference and hotel accommodations. Online registration for NORML’s 36th annual national conference is available now at: http://www.norml.org/index.cfm?Group_ID=7250. For additional details on this year’s conference agenda, business sponsorships, or to find out how to take advantage of our ‘pre-registration’ discount, please visit: http://www.norml.org or call (202) 483-5500.

The Sentencing Project: Disenfranchisement News & Updates - 5/10/07

Colorado: Governor, Secretary of State Oppose Parolee Voting Colorado Gov. Bill Ritter, a Democrat and former prosecutor, said he will veto the state's election law bill, SB 83, if supporters insist on putting parolee voting back in it. In late April, the House of Representatives rejected a provision that would have given individuals on parole the right to vote. Secretary of State Mike Coffman said the provision violated the state's constitution, according to the Denver Post. Texas: 'A Step in the Right Direction' The Daily Texan, a University of Texas at Austin student publication, published an opinion editorial in favor of restoring the voting rights of individuals charged with a non-violent offense. Texas restores voting rights after completion of sentence and parole or probation. The piece comes on the heels of proposed legislation, HB 770, to notify formerly incarcerated individuals of their voting status. The editorial stated that petty acts should be treated as such, and individuals would benefit more from treatment, and should not lose their voting rights as a result. "Thousands of acts carry felony charges, including stealing cable service and electrocuting fish," the editorial stated. "In Texas, there are 550,000 felons in prison and nearly 440,000 on probation. For many of them, the power of a ballot in their hand could far outweigh the seriousness of their crime."