Skip to main content

State & Local Legislatures

ASA Sponsored Resolution Calls for Federal Change


Dear ASA Supporter,

California Senator Mark Leno (D-SF) introduced Senate Joint Resolution (SJR) 14 yesterday. This ASA-sponsored resolution calls on the President and US Congress to end medical cannabis raids in California and to "create a comprehensive federal medical marijuana policy that ensures safe and legal access to any patient that would benefit from it." If adopted, SJR 14 will be the first time a state legislature has officially called for a change in federal medical cannabis policies.

Please help ASA get SJR 14 adopted by making a special contribution of $100 today.

The President and US Attorney General Eric Holder have talked about a new federal policy concerning medical cannabis, but there is still a lot of work to do in defining what that policy will be. SJR 14 supports ASA's National Policy Agenda and is part of our strategic campaign to shape a more reasonable and compassionate federal policy - one that ensures safe and legal access for all patients nationwide.

The resolution calls on the President and the US Congress to (1) end federal raids, intimidation, and interference with state medical cannabis laws; (2) adopt policies and laws to encourage advanced clinical research trials into the therapeutic use of cannabis; (3) provide for an affirmative defense to medical cannabis charges in federal court; and (4) to create comprehensive federal medical cannabis policy that ensures safe and legal access for patients.

SJR 14 is an opportunity for the California legislature to influence the development of the new federal policy, defend the state's right to choose and regulate medical cannabis, and to defend the compassionate will of the voters. But, we only have a short time to get this resolution through committees and floor votes in the State Senate and Assembly.

Please support ASA by donating today so that we can get SJR 14 adopted right away!

Thank you for your help,

Rebecca Saltzman
Chief of Staff
Americans for Safe Access

P.S. For more information on SJR 14, visit www.AmericansForSafeAccess.org/SJR14

Press Release: After Making History in Senate, Medical Marijuana Bill Poised for House Floor Vote Later This Year

FOR IMMEDIATE RELEASE   
JUNE 1, 2009   

After Making History in Senate, Medical Marijuana Bill Poised for House Floor Vote Later This Year

CONTACT: Bruce Mirken, MPP director of communications ............... 415-585-6404 or 202-215-4205

SPRINGFIELD, ILLINOIS -- Although the clock ran out before it could be acted on by the Illinois House of Representatives this weekend, medical marijuana legislation is now well positioned for a House floor vote, possibly before the end of the year, advocates said today.

     Within 48 hours of passing the Senate 30-28, the Compassionate Use of Medical Cannabis Pilot Program Act had already soared through the House Human Services Committee and was ready for its final reading and vote on the House floor. Tax legislation, however, occupied all of the House's time in the session's final hours.

     "This bill gained more and more momentum at every stage of the legislative process, and I think the pace at which it moved is testament to the support it enjoys," said Rep. Lou Lang (D-Skokie), deputy majority leader and chief House sponsor of SB 1381. "Although today's top priority was the tax bill, I think the time has come for Illinois to enact a medical marijuana law. We just need to shore up a few votes before calling this bill to the floor."

     The measure could be brought to the House floor for a vote during the November veto session or when the General Assembly reconvenes in January 2010 for the second half of the current session.

     "Of course I'm disappointed," said Jamie Clayton of Grafton, an AIDS patient who participated in a groundbreaking FDA-approved study proving medical marijuana's efficacy in treating pain caused by nerve damage. "But the fact remains that we made it further than ever before. Hundreds of patients like myself came forward this year to plead with our legislators to enact this law, and we will not give up, ever. As someone who volunteered for a clinical study that proved the benefits of medical marijuana, I've felt the relief it can provide first-hand and learned how it can allow me to cut back on some of the prescription narcotics I have to take. A lot of people need this law, and we're not going away."

     With more than 27,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.

####

Press Release: Medical Marijuana Bill Quickly Passes House Health and Human Services Committee

FOR IMMEDIATE RELEASE   
MAY 28, 2009   

Medical Marijuana Bill Quickly Passes House Health and Human Services Committee
Quick Approval Shows Surging Momentum

 

CONTACT: Bruce Mirken, MPP director of communications ............... 415-585-6404 or 202-215-4205

SPRINGFIELD, ILLINOIS -- In a move whose speed took even supporters by surprise, the House Health and Human Services Committee approved the medical marijuana bill passed by the full Senate yesterday. The committee had approved the House version of the bill earlier in the year, but needed to ok the Senate version, which had received several amendments.

     "I am delighted by the way this legislation has continued to pick up momentum," said Dan Linn, Executive Director of the Illinois Cannabis Patients Association. "Illinois voters overwhelmingly want to protect patients who need medical marijuana, and both houses of the legislature are hearing that message loud and clear."

     Julie Falco of Chicago, who uses medical marijuana to relieve the painful symptoms of multiple sclerosis and who has been advocating for medical marijuana legislation since 2004, said, "I want to personally thank all the members of the committee for listening to the patients who need this medicine and understanding why we don't have time to wait. We don't want to be criminals for simply trying to cope with our illnesses, and I truly believe this will be the year we finally get some relief."

     Swift committee passage is seen as greatly increasing the chances that the full House will act on the measure before the end of the legislative session May 31.

     With more than 27,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.

####

Press Release: Medical Marijuana Heads to House Floor as Ways and Means Committee Passes Bill, 10-8

Minnesota Cares logo

FOR IMMEDIATE RELEASE   
MAY 12, 2009

Medical Marijuana Heads to House Floor as Ways and Means Committee Passes Bill, 10-8
Passage Sets Up First-Ever House Floor Vote on Medical Marijuana

CONTACT: Former Rep. Chris DeLaForest (R-Andover)......................................................(763) 439-1178

ST. PAUL, MINNESOTA -- The House version of Minnesota's medical marijuana bill, H.F. 292, now moves to the House floor after clearing its final committee last night, passing the Ways and Means Committee, 10 to 8. Companion legislation has already passed the Senate.

     Rep. Tom Rukavina (DFL-Virginia), sponsor of the bill, said, "I have been pleased with the increasing support in the latest committees. Public support for protecting patients who need medical marijuana is overwhelming, and the scientific evidence is clear that this really can help some very sick people. This is going to be the year that Minnesota joins the 13 states that have already acted to protect medical marijuana patients from arrest."

     Medical marijuana bills are now moving forward in a number of states, including Illinois, New Jersey and New Hampshire, where medical marijuana legislation has passed both legislative houses and is awaiting a conference committee to reconcile differences. Rhode Island legislators are presently considering a measure to expand that state's medical marijuana law, first adopted in 2006.

     Thirteen states, comprising approximately one-quarter of the U.S. population, now permit medical use of marijuana under state law if a physician has recommended it. The newest such law was enacted by Michigan voters last November, passing with a record-setting 63 percent "yes" vote.

     Medical organizations which have recognized marijuana's medical uses include the American Public Health Association, American Nurses Association, American Academy of HIV Medicine, and American College of Physicians, which noted "marijuana's proven efficacy at treating certain symptoms and its relatively low toxicity," in a statement issued last year.

####

Press Release: FAMM Cheers Passage of Rockefeller Drug Law Reform

Families Against Mandatory Minimums logo

 

 

Press Release: April 3, 2009                                       
Contact: [email protected]                                                                                          

 

FAMM Cheers Passage of Rockefeller Drug Law Reform

Changes Further "Smart on Crime" Sentencing Trend

WASHINGTON, D.C. - Families Against Mandatory Minimums (FAMM), a national advocacy organization dedicated to reforming mandatory minimum sentencing laws, today applauds New York state leaders responsible for approving legislation that substantially overhauls and reforms New York's Rockefeller drug laws, once the toughest in the nation. FAMM also congratulates the efforts of families, incarcerated and formerly incarcerated individuals and advocates who made these changes possible.

The agreement, included as part of the New York budget bill, now awaits Governor David Paterson's signature.  It will restore judicial discretion in many drug cases, expand drug treatment and alternatives to incarceration, and provide retroactive sentencing relief for people serving prison time for low-level drug offenses.  It also allows approximately 1,500 people incarcerated for low-level nonviolent drug offenses to apply for resentencing and increases penalties for "drug kingpins" and adults who sell drugs to young people.

Deborah Fleischaker, director of state legislative affairs of FAMM, issued the following statement in response to today's news:

"New York's decision to eliminate its draconian Rockefeller laws marks a step toward policies that are both tough and smart on crime. Mandatory minimum sentencing laws are a driving force in skyrocketing prison populations.  Many states and the federal government followed New York's lead and enacted mandatory minimums in the 1970s and 1980s, believing these "one-size-fits-all" sentences would dry up the drug supply and eliminate drug addiction.  Sadly, mandatory minimums in New York and elsewhere have the opposite effect, filling our prisons with drug addicts instead of drug kingpins, and causing the erosion of faith in the fairness of the criminal justice system because of severe racial disparities caused by these laws.

Being tough on crime is not enough.  States must figure out how to protect public safety, without wasting thousands of lives and millions of dollars.  By repealing the Rockefeller drug laws, New York has just taken an enormous step toward finding that balance.

New York has joined the growing wave of states that recognize the harm caused by mandatory minimum sentencing.  From Michigan's elimination of most of its drug mandatory minimum laws, to Nevada's decision to repeal mandatory sentencing enhancements, to Pennsylvania's decision to have its Sentencing Commission study the effectiveness of mandatory minimum sentences, states are waking to the idea that mandatory minimum sentences lead to bloated budgets, fail to protect public safety, and are bad criminal justice policy.

Contrary to the claims of those who oppose these reforms, removing the mandatory minimum sentences for drug crimes is not "soft on crime."  Politicians need to concern themselves with crafting smart criminal justice policies, instead of settling for the expensive and unworkable status quo.  The New York reforms, though long overdue, are good news for New Yorkers and the rest of the nation.  A recent report by Pew Center on the States shows why.   One in 31 Americans are under some form of criminal justice control - in prison, on probation or on parole - and one in 100 are in prison or jail.  The cost of this overreliance on corrections is staggering - last year it was the fastest expanding major segment of state budgets, and over the past two decades, its growth as a share of state expenditures has been second only to Medicaid. State corrections costs now top $50 billion annually and consume one in every 15 discretionary dollars."

Families Against Mandatory Minimums is a nonprofit, nonpartisan organization that supports fair and proportionate sentencing laws that allow judicial discretion while maintaining public safety. For more information on FAMM, visit www.famm.org or contact Monica Pratt Raffanel at [email protected].

##

Sentences that Fit. Justice that Works.

Press Release: State Legislature Passes Historic Drug Law Reforms

FOR IMMEDIATE RELEASE: April 2, 2009 CONTACT: Jennifer Carnig, 845.553.0349 / 212.607.3363 / [email protected] State Legislature Passes Historic Drug Law Reforms April 2, 2009 -- The New York Civil Liberties Union today applauded the State Legislature for passing historic reforms to New York State’s notoriously harsh and ineffective mandatory minimum drug sentencing scheme. “These reforms are a major step toward ending a disastrous policy that has ruined lives, torn apart families and caused enormous racial inequities,” NYCLU Executive Director Donna Lieberman said. “Substance abuse is both a public health and a law enforcement issue and today, after 36 long years, New York will finally start treating it that way.” Enacted in 1973, the Rockefeller Drug Laws mandated extremely harsh prison terms for the possession or sale of relatively small amounts of drugs. Though the laws are intended to target drug kingpins, most sentenced under them are convicted of low-level, nonviolent offenses. Most of the nearly 12,000 New Yorkers serving time for drug offenses have substance abuse problems; many others turned to drugs because of problems related to homelessness, mental illness or unemployment. For decades, the NYCLU, criminal justice advocates and medical experts have sought to untie the hands of judges and allow substance abuse to be treated as a public health matter. As noted in the New York State Sentencing Commission’s recent report, sentencing non-violent drug offenders to prison is ineffective and counterproductive, and has resulted in unconscionable racial disparities: Blacks and Hispanics comprise more than 90 percent of those currently incarcerated for drug felonies, though most people using illegal drugs are white. “Governor Paterson deserves an enormous amount of credit for his leadership in making good on his promise to New Yorkers to make drug law reform a priority,” Lieberman said. “He was a leader on this issue in the state senate and stayed true to his beliefs when he became governor and succeeded in working effectively with the assembly and the senate to make reform a reality.” The Rockefeller bill embraces two fundamental principles of reform: It eliminates mandatory minimum sentences, and significantly restores judges’ ability to order treatment and rehabilitation instead of incarceration. “These reforms do not eliminate irrationality and injustice from the drug sentencing laws, but it shifts New York’s failed drug policy away from mass incarceration and toward a public health model,” said Robert Perry, NYCLU legislative director. “This is a historic occasion.” Once Governor Paterson signs the bill into law, it will: • Restore the authority of a judge to send individuals charged with drug offenses into substance abuse treatment rather than prison; • Expand in-prison treatment and re-entry services so that people who want and need help can access it; and • Allow for approximately 1,500 people serving excessive sentences for low-level nonviolent drug offenses to apply for resentencing. While these reforms represent a historic step forward in overhauling the drug laws, significant remnants of the Rockefeller Drug Law scheme remain in place. The NYCLU noted, for example, that the bill: • Permits unreasonably harsh maximum sentences for low-level, non-violent drug offenses; • Disqualifies from eligibility for treatment and rehabilitation individuals who may be most in need of such programs; and • Retains a weight-based sentencing scheme that will mandate a long prison sentence for people who should be eligible for treatment. “The bill restores an important measure of common sense and rationality to our drug laws,” Lieberman said. “But there is more work to be done in the future to restore fundamental justice and fairness to our criminal justice system.” - xxx -

Press Release: Senate Finance Committee Passes Medical Marijuana Bill, 9-3

Minnesota Cares logo

FOR IMMEDIATE RELEASE   
APRIL 2, 2009

Senate Finance Committee Passes Medical Marijuana Bill, 9-3

 

CONTACT: Former Rep. Chris DeLaForest (R-Andover)........................................................(763) 439-1178

ST. PAUL, MINNESOTA -- The Senate Finance Committee passed the Senate version of Minnesota's medical marijuana bill, S.F. 97, today by a vote of 9 to 3. Having passed this final Senate committee, the bill now moves to the Senate floor.

     "I am delighted that this compassionate, sensible bill is now on its way to the Senate floor," said bill sponsor Sen. Steve Murphy (DFL-Red Wing). "With Michigan's medical marijuana law taking full effect this weekend, I am increasingly optimistic that Minnesota will soon become the 14th state to get politics out of the doctor-patient relationship and protect medical marijuana patients from arrest."

     Laws removing criminal penalties for patients using medical marijuana with their doctor's recommendation are in effect in Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington. Michigan's law, which takes full effect on April 4, is the most recently enacted, passing with a record-setting 63 percent "yes" vote last November.

     Numerous other states, including Illinois, New Hampshire and New Jersey, are presently considering similar legislation. The Obama administration recently announced a policy of non-interference with state medical marijuana laws, pledging to conduct raids or arrests only when individuals have violated both state and federal law.

     Organizations that have recognized marijuana's medical uses include the American College of Physicians, American Nurses Association, American Public Health Association, American Academy of HIV Medicine and the Leukemia and Lymphoma Society, among others.

    ####

Press Release: Historic Reforms of New York's Draconian Drug Sentencing Scheme Imminent

FOR IMMEDIATE RELEASE: March 31, 2009 CONTACT: Jennifer Carnig, 212.607.3363 / [email protected] NYCLU: Historic Reforms of New York’s Draconian Drug Sentencing Scheme Imminent March 31, 2008 – In anticipation of the passage of the budget within the next 24 hours, the New York Civil Liberties Union today applauded the State Legislature for making significant reforms to New York State’s notoriously harsh and ineffective mandatory minimum drug sentencing scheme. “New York State is on the verge of a historic moment,” said NYCLU Executive Director Donna Lieberman. “This bill does not eliminate the Rockefeller Drug Laws but it does provide for a new approach to substance abuse. Substance abuse is a public health issue and today, after 36 long years, New York is finally poised to treat it that way.” Enacted in 1973, the Rockefeller Drug Laws mandate extremely harsh prison terms for the possession or sale of relatively small amounts of drugs. Though intended to target drug kingpins, most sentenced under the laws are convicted of low-level, nonviolent offenses. Most of the nearly 12,000 New Yorkers serving time for drug offenses have substance abuse problems; many others turned to drugs because of problems related to homelessness, mental illness or unemployment. For decades, the NYCLU, criminal justice advocates and medical experts have fought to untie the hands of judges and allow addiction to be treated as a public health matter. As noted in the New York State Sentencing Commission’s recent report, sentencing non-violent drug offenders to prison is ineffective and counterproductive, and has resulted in unconscionable racial disparities: Blacks and Hispanics comprise more than 90 percent of those currently incarcerated for drug felonies, though most people using illegal drugs are white. The budget bill embraces two fundamental principles of reform: elimination of mandatory minimum sentences, and a significant restoration of the ability for judges to order treatment and rehabilitation rather than incarceration. “The proposed reform, if adopted, will not eliminate irrationality and injustice from the drug sentencing laws, but it shifts New York’s failed drug policy away from mass incarceration and toward a public health model,” said Robert Perry, NYCLU legislative director. The bill: • Restores the authority of a judge to send individuals charged with drug offenses into substance abuse treatment rather than prison; • Expands in-prison treatment and re-entry services so that people who want and need help can access it; and • Allows for approximately 1,500 people serving excessive sentences for low-level nonviolent drug offenses to apply for resentencing. The NYCLU took pains, however, to make clear that while the bill represents an important step in overhauling the drug laws, it does not fully realize the reform principles on which the legislation is based. Significant remnants of the Rockefeller Drug Law scheme remain in place. The NYCLU noted, for example, that the bill: • Leaves in place a sentencing scheme that permits unreasonably harsh maximum sentences for low-level, non-violent drug offenses; • Disqualifies from eligibility for treatment and rehabilitation individuals who may be most in need of such programs; and • Retains a weight-based sentencing scheme, which will lead to a long mandatory prison sentence for someone who has a few grams more of a substance than someone who is eligible for treatment. “To hear the protests of the district attorney’s lobby, one would think that the legislature is proposing radical reform,” Lieberman said. “It is not. The bill restores an important measure of common sense and rationality to our drug laws. But there is more work to be done to restore fundamental justice and fairness.” - xxx -

Press Release: Details of Rockefeller Reform Proposal Released

For Immediate Release: March 30, 2009 For More Info: Tony Newman at (646) 335-5384 or Gabriel Sayegh at (646) 335-2264 Proposal to Reform Rockefeller Drug Laws Included in NYS Budget Package, Vote Expected Tomorrow Bill Restores Judicial Discretion, Expands Drug Treatment, and Reforms Sentences for Low-Level, Nonviolent Drug Offenses Advocates: A Good First Step Towards Developing a Public Health and Safety Approach to Drugs in New York ALBANY- Over the weekend, New York Governor David Paterson, the Senate and the Assembly concluded negotiations on Rockefeller Drug Law reform. The bill is part of the state budget proposed by lawmakers, which is expected to be voted on this week. The bill outlines broad reforms to the long-failed Rockefeller Drug Laws, including restoring judicial discretion in most low-level drug cases, expanding drug treatment and alternatives to incarceration for people convicted of low-level nonviolent offenses, and increasing penalties for drug kingpins and adults who sell drugs to young people. “While much more moderate than the reform bill passed by the Assembly last month, this proposal constitutes an important step forward in developing more effective drug policies based in public health and safety,” said Gabriel Sayegh, project director with the Drug Policy Alliance. “The Legislature and Governor should have made the proposal even more expansive, for instance by returning discretion to judges in every drug case, not only low-level cases. We believe, though, that this bill constitutes real reform, and should be enacted.” Details of the proposal include: * Returns judicial discretion low-level drug law cases * Expands treatment and re-entry services * Expands drug courts * Allows for approximately 1,500 people incarcerated for low-level nonviolent drug offenses to apply for resentencing * Increases penalties for drug kingpins * Increases penalties on adults who sell drugs to young people The bill would allow certain people incarcerated for low-level nonviolent drug offenses to apply to the court for resentencing. The reforms of 2004 and 2005, enacted by a Democratic Assembly, Republican Senate and Republican Governor, allowed those person’s serving A-level felonies—the most serious felony level—apply for resentencing. But those reforms did not allow the vast majority of people incarcerated under the Rockefeller Drug Laws—those imprisoned for lower-level offenses--to be resentenced under the fairer system. The bill presented by the Legislature and Governor seeks to remedy this problem. The proposal would also allow judges to send those convicted of low-level drug law offenses into drug treatment or other alternatives to incarceration. The move could save New Yorkers hundreds of millions of dollars each year. Incarceration costs approximately $45,000 per year, while treatment and alternatives to incarceration cost $15,000 or less, and are far more effective at reducing recidivism and criminal activity. “As a former prisoner under the Rockefeller Drug Laws, I support this legislation because it will rescue many of the prisoners who fell through the cracks of the prior reforms,” said Anthony Papa, of the Drug Policy Alliance. “This proposal will give people convicted of low-level drug offenses a chance to be reunited with their families and become productive tax paying citizens like myself.” Earlier this month, the Assembly passed more significant reform legislation which started the negotiations for reform. Assembly bill 6085, sponsored by long-time reform champion Assemblyman Jeff Aubry (D-Queens), chairman of the Corrections Committee and Speaker Silver, was even more comprehensive than the proposal included in the budget today. Senator Eric Schneiderman (D-Manhattan), chairman of the Codes Committee, introduced similar legislation in the Senate, but that bill was never passed. An agreement of a meaningful compromise between he Governor, the Senate and the Assembly was announced at the Capitol last Friday. Enacted in 1973, the Rockefeller Drug Laws mandate extremely harsh prison terms for the possession or sale of relatively small amounts of drugs. Supposedly intended to target major dealers (kingpins), most of the people incarcerated under these laws are convicted of low-level, nonviolent offenses, and many of them have no prior criminal record. Approximately 12,000 people are locked up for drug offenses in New York State prisons, representing nearly 21 percent of the prison population, and costing New Yorkers hundreds of millions of dollars every year. Nearly 90% of those incarcerated are Black and Latino, representing some of the worst racial disparities in the nation. “This proposal isn’t as expansive as it should be, but it represents significant and long-overdue reforms,” said Sayegh. “For years advocates have fought for reforms to these failed laws. Now, after weeks of negotiations between the Legislature and Governor, we’re one vote away from real, meaningful reform of the Rockefeller Drug Laws.”

Press Release: NYCLU -- Rockefeller Bill a Major Step Forward

FOR IMMEDIATE RELEASE: March 29, 2009 CONTACT: Jennifer Carnig, 845.553.0349 / 212.607.3363 / [email protected] NYCLU: Rockefeller Bill a Major Step Forward March 29, 2009 -- The bill to reform New York’s draconian Rockefeller Drug Laws is finally complete – finalized late Saturday night – and the New York Civil Liberties Union today applauded the historic agreement. “After 36 years of gross injustice, we are finally on the verge of significant reform to these ineffective, cruel laws,” said NYCLU Executive Director Donna Lieberman. “The bill that the governor, senate and assembly agreed to does not repeal the Rockefeller Drug Laws, but if it passes it will be a major step toward justice in New York.” The final bill embraces – for the first time and in a meaningful way – two important principles of reform: It includes an elimination of mandatory minimum sentences, and it includes a restoration of judges’ authority to send many drug offenders to treatment programs instead of jail. The reform bill comes to a vote on Tuesday. Its passage is not guaranteed, Lieberman warned, and the possibility exists for the addition of amendments that would torpedo the essential gains made in the draft legislation. “It’s more important than ever for advocates, activists and everyday New Yorkers to call their elected officials,” said NYCLU Legislative Director Robert Perry. “This bill is an important step toward safer, healthier communities. We need to urge our leaders to support it.”