State & Local Legislatures

CONTACT:

Jennifer Carnig, 212.607.3363 / [email protected]

NYCLU Applauds Pledge to Reform Rock Drug Laws, but Cautions to Wait for Details

FOR IMMEDIATE RELEASE

March 27, 2009 – The New York Civil Liberties Union applauded the pledge made today by the governor, senate and assembly to reform the draconian Rockefeller Drug Laws, but cautioned that the essential details of the agreement have yet to be revealed. What has been outlined so far reflects a significant shift in policy and an important agreement in principle, but significant details have yet to be worked out.

“What Governor Paterson, Speaker Silver and Majority Leader Smith committed to today is a new approach to dealing with drug offenses. After 36 years of locking up people who suffer from addiction and mental illness, this is an exciting step,” said NYCLU Executive Director Donna Lieberman. “The leaders of our state have finally recognized that the revolving door of lock-them-up-and-throw-away-the-key does not work. It has failed to make us safer and it has devastated communities. But the devil is in the details. We cannot celebrate reform of our state’s discriminatory, ineffective drug laws until we know the details.”

The agreement appears to embrace – for the first time and in a meaningful way – two important principles of reform: It includes a reduction of mandatory minimum sentences, and it includes a restoration of judges’ authority to send many drug offenders to treatment programs instead of jail.

“We have a commitment to the principles of reform,” said NYCLU Legislative Director Robert Perry. “But the real story is that this thing isn’t done yet. Our political leaders are trying hard to reach agreement on the details of a reform bill, but they haven’t done that yet. It’s really important that we all pay attention to the details that unfold in the coming days. The details could be the difference between meaningful reform of the Rockefeller Drug Laws and more of the same.”

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 trapped by the laws are convicted of low-level, nonviolent offenses. Many of the thousands of New Yorkers in prison suffer from substance abuse problems or issues 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.

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CONTACT:

Jennifer Carnig, 212.607.3363 / [email protected]

NYCLU: Albany Agreement a Step Toward Dismantling Rockefeller, but Not a Done Deal and Not Repeal

FOR IMMEDIATE RELEASE

March 26, 2009 – The deal reached in principle late last night between Gov. David Paterson and legislative leaders could be an important step toward dismantling New York State’s draconian drug laws, said the leadership of the New York Civil Liberties Union. But what has been outlined so far is only an agreement in principle – not law – and it does not fully repeal the Rockefeller Drug Laws.

“Substance abuse is a public health issue,” said Donna Lieberman, NYCLU executive director. “For 36 years, New York State has been locking up people who suffer from addiction and mental illness – but that didn’t make us safer, remove drugs from the streets or serve the interests of our communities. Letting go of this backwards, ineffective approach and looking toward new ways to promote public health and public safety is an important step in the right direction, but it is just that – a step.”

The agreement appears to embrace – for the first time and in a meaningful way – two important principles of reform: It includes a significant reduction of mandatory minimum sentences, and it includes a significant restoration of the ability for judges to send drug offenders to treatment programs instead of jail.

“The intention of this agreement is a fundamental shift of public policy on drug abuse, away from mandatory incarceration and toward a public health approach,” said NYCLU Legislative Director Robert Perry. “That said, the proposal leaves in place some significant elements of the Rockefeller scheme. Extremely harsh sentences still exist. And there is still a mandatory minimum sentence for low-level, nonviolent repeat offenders – the very people who may need treatment and rehabilitation the most.”

Though there appears to be a conceptual agreement on many Rockefeller issues, the details are yet to be drafted. Still to be resolved is the definition of substance abuse and dependency. Also under negotiation are the procedures by which eligibility for treatment is determined. These details are significant because the wrong result could undermine the whole effort.

“While we’re hopeful about the direction our state is heading in terms of drug laws, this is a complex issue and draft legislation has not been made public,” Lieberman said. “And most importantly, the question of implementation remains. New York appears to be poised to embrace a public health approach, but the devil is in the details and we don’t know the details yet.”

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 trapped by the laws are convicted of low-level, nonviolent offenses. Many of the thousands of New Yorkers in prison suffer from substance abuse problems or issues 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.

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FOR IMMEDIATE RELEASE   
MARCH 25, 2009

Medical Marijuana Bill Passes Full New Hampshire House, 234-138

Vote Marks First Time House Has Passed a Medical Marijuana Bill

CONTACT: Matt Simon, NH Coalition for Common Sense Marijuana Policy, (603) 391-7450

CONCORD, NEW HAMPSHIRE — The New Hampshire House passed a bill today, 234-138, that would allow seriously ill patients to use medical marijuana if their doctor recommends it – a first for either chamber of the state's legislature.

    Now that the bill – HB 648, sponsored by Evalyn Merrick (D-Lancaster) – has cleared the House, patients and advocates are calling on the Senate to pass it and send it to Gov. John Lynch to make it law without delay.

    "This vote proves that House members have taken this debate seriously, listened carefully to the testimony of patients who rely on medical marijuana for relief from terrible, debilitating conditions, and understand their duty as elected officials to provide for their needs with responsible, compassionate legislation," said Sen. Martha Fuller Clark (D-Portsmouth), co-sponsor of the bill that the House passed today. "Now it's up to my colleagues to do the same, and end the ongoing harassment of patients who have committed no crimes, and who only wish to be protected from arrest for using the proven, safe medicine their doctors recommend."

    In 2007, a bill similar to the one currently under consideration was defeated by only nine votes – an incredibly slim margin considering it had been negatively recommended by the House Health, Human Services and Elderly Affairs Committee that year. The same committee gave HB 648 an "ought to pass" recommendation March 18. Also, a 2008 Mason-Dixon poll showed that 71 percent of New Hampshire voters support such a law, and medical marijuana advocates say legislators have learned a lot in two years about both medical marijuana and medical marijuana policy.

    "This vote shows New Hampshire is ready to protect patients by enacting a responsible medical marijuana law," said Matt Simon, NH Coalition for Common Sense Marijuana Policy executive director. "Public opinion may soon become public policy."

    Thirteen states already have medical marijuana laws which effectively protect qualifying patients from arrest and help them safely access marijuana. Michigan became the most recent last year when 63 percent of voters passed its medical marijuana law by ballot initiative. Of the 11 states that have collected such data, not one has seen youth marijuana use rates increase after establishing a medical marijuana law. In fact, each of those states, including California, has actually seen youth marijuana rates decline, in some cases dramatically.

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FOR IMMEDIATE RELEASE   
MARCH 24, 2009

Medical Marijuana Passes House Public Safety Policy & Oversight Committee, 9-6

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

ST. PAUL, MINNESOTA -- The House Public Safety Policy and Oversight Committee passed the House version of Minnesota's medical marijuana bill, H.F. 292, today by a vote of  9 to 6. The vote is the latest in a string of solid committee wins for the House and Senate versions of the popular measure.

     Norm Stamper, former chief of police for the city Seattle, testified in favor of the bill. "As Seattle's police chief, I had real-world experience dealing with Washington's medical marijuana law, and can say from first-hand knowledge that medical marijuana is not a problem for law enforcement," Stamper said. "The Minnesota bill has solid safeguards built into it, and the problems being speculated about by some opponents simply do not reflect reality."

     Laws protecting patients from arrest and jail for 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 is the most recently enacted, passing with a record-setting 63 percent "yes" vote last November.

     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.
   

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Ask your D.C. Councilmembers to stand up to Congress!

Dear Friends:

Although 69% of Washington, D.C. voters approved a medical marijuana initiative in 1998, Congress passed the Barr Amendment, which blocked the law from being implemented. As a result, seriously ill District residents continue to be treated as criminals simply for using their doctor-recommended medicine.

We now have the opportunity to get Congress to remove this anti-medical marijuana language from the D.C. appropriations bill along with other ideological social policy riders. Please take a moment to call and urge the D.C. City Councilmembers to pass a resolution calling on Congress to stop overriding the will of D.C. voters and not include these riders in the FY2010 Financial Services and General Government Appropriations bills. While calling is more effective, you can also e-mail your councilmembers if you prefer.

District councilmembers need to know that their constituents care about the fate of seriously ill District residents and D.C.'s ability to self-govern. This cannot happen without your help. Also, please forward any responses from councilmembers back to me at [email protected] so that we can identify a sponsor and get the resolution passed in a timely fashion.

All patients suffering from a condition that could benefit from medical marijuana, medical professionals, law enforcement, or clergy please contact me at [email protected] to see how you can be of special help in passing this resolution.  Other activists can pitch in too by reaching out to supportive patients, medical professionals, law enforcement, and clergy and encouraging them to contact me.

The result of Congress' interference is tragic. On September 24, 2004, 27-year-old Jonathan Magbie, a quadriplegic who used marijuana for his medical condition, died while serving a 10-day sentence in the D.C. jail after being convicted of marijuana possession and the jail failed to attend to his medical needs. Had the will of the District of Columbia and its voters been implemented, he would likely not have faced criminal penalties for relieving his symptoms, and he could still be alive today.

A resolution calling on Congress to stop this and other interference has been drafted and is awaiting a sponsor. In addition to calling on Congress to remove the Barr Amendment, it also urges Congress to remove other ideological social policy riders that limit the District's ability to self-govern and make its own policies regarding abortion, domestic partnerships, and contraceptive coverage.

Please take a moment now to call and e-mail your councilmembers. We need the Council to send the clear message to Congress that it must stop thwarting D.C. residents' ability to determine their own policies, including their decision to protect medical marijuana patients.

Thank you for supporting the Marijuana Policy Project.

Sincerely,

Noah Mamber
Legislative Analyst
Marijuana Policy Project

MEDIA ADVISORY   
MARCH 22, 2009

Medical Marijuana Hearing Tuesday in House Public Safety Policy & Oversight Committee
Former Seattle Police Chief Expected to Dispel Myths About Medical Marijuana Laws

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

ST. PAUL, MINNESOTA -- The House Public Safety Policy and Oversight Committee will hold a hearing on the House version of Minnesota's medical marijuana bill, H.F. 292, at 12:45 p.m. on Tuesday, March 24. Among the scheduled witnesses is Norm Stamper, former chief of police for Seattle, whose testimony is expected to dispel many common myths about medical marijuana laws.

    WHAT: House Public Safety Policy and Oversight Committee hearing on the medical marijuana bill,     H.F. 292.

    WHO: Scheduled witnesses include:
      -- Norm Stamper, former chief of police, Seattle
      -- Robert Youcha of St. Francis, a paramedic who suffered spinal injuries in a 1998 ambulance accident, leaving him in constant pain

     WHERE: Rm. 10, State Office Building, St. Paul.

     WHEN: Tuesday, March 23, 12:45 p.m.
   

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FOR IMMEDIATE RELEASE   
MARCH 18, 2009

NH House Committee Passes Medical Marijuana Bill 13-7

Bill Would Make New Hampshire 14th State to Protect Seriously Ill Medical Marijuana Patients from Arrest

CONTACT: Matt Simon, NH Coalition for Common Sense Marijuana Policy, (603) 391-7450

CONCORD, NEW HAMPSHIRE — The New Hampshire House Health, Human Services and Elderly Affairs Committee voted 13-7 to recommend passage of a bill today that would allow seriously ill patients to use medical marijuana if their doctor recommends it. The vote by the full committee came after a three-member subcommittee voted 2-1 in favor of the bill.

    Today's vote means the bill, HB 648, will now go to the House floor for a full vote by the chamber with the committee's "ought to pass" recommendation. The bill is sponsored by Rep. Evalyn Merrick (D-Lancaster).

    The committee's strong statement of support provided medical marijuana patients with a boost of confidence. Clayton Holton, a muscular dystrophy patient from Somersworth, said the vote made him feel hopeful that he'd be able to live the rest of his life in New Hampshire. "I'm happy that my family may not have to move to a state that allows medical marijuana," he said.

    Thirteen states already have medical marijuana laws which effectively protect qualifying patients from arrest and help them safely access marijuana. Michigan became the most recent last year when 63 percent of voters passed its medical marijuana law by ballot initiative. Of the 11 states that have collected such data, not one has seen youth marijuana use rates increase after establishing a medical marijuana law. In fact, each of those states, including California, has actually seen youth marijuana rates decline, in some cases dramatically.

    In 2007, a bill similar to the one currently under consideration was defeated by only nine votes – an incredibly slim margin considering it had been negatively recommended by the committee that today voted to approve HB 648. However, a 2008 Mason-Dixon poll showed that 71 percent of New Hampshire voters support such a law, and medical marijuana advocates say legislators have learned a lot in two years about both medical marijuana and medical marijuana policy.

    "The committee studied the bill very diligently, and now it has placed its stamp of approval on a well-written, responsible bill," said Matt Simon, executive director of NH Common Sense Marijuana Policy, which supports the bill. "It was a good day for democracy." 

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FOR IMMEDIATE RELEASE   
MARCH 11, 2009

Medical Marijuana Passes House Civil Justice Committee Without Dissent

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

ST. PAUL, MINNESOTA -- The House version of Minnesota's medical marijuana bill passed the House Civil Justice Committee this morning in a voice vote with no dissenting votes. The vote came after powerful testimony from Joni Whiting, whose adult daughter's suffering was relieved by medical marijuana while she was undergoing treatment for the melanoma that eventually took her life.

    "It really feels like the momentum is building and this is the year we're going to get this done," said Sen. Steve Murphy (DFL-Red Wing), sponsor of the Senate version of the bill. "One-quarter of the country now protects medical marijuana patients from arrest, and there is simply no reason to use Minnesota's police resources to arrest the sick for trying to relieve their suffering."

    A previous version of the bill passed the Senate and every House committee in the 2007-2008 session, but was never brought up for a vote on the House floor.

    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. U.S. Attorney General Eric Holder reaffirmed on Feb. 25 that the Obama administration intends to pursue a policy of non-interference with these state laws. A number of other states are considering medical marijuana legislation this year, including New Jersey, Illinois, Iowa and New Hampshire.

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MEDIA ADVISORY   
MARCH 10, 2009  

Medical Marijuana Bill Faces House Civil Justice Committee Hearing Wednesday

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

ST. PAUL, MINNESOTA -- Fresh off of a resounding 6-2 victory in the Senate Health and Human Services Budget Division, Minnesota's medical marijuana bill faces its next House committee test in the Civil Justice Committee this Wednesday. If passed, the measure would make Minnesota the 14th state to permit medical use of marijuana by seriously ill patients with a physician's recommendation. The newest such law, in Michigan, was passed by voters in November with a record-setting 63 percent "yes" vote.

    WHAT: House Civil Justice Committee hearing and vote on medical marijuana legislation.

    WHO: Expected witnesses include Joni Whiting, whose adult daughter benefited from medical marijuana during treatment for the melanoma that eventually took her life, and Robert Youcha of St. Francis, a paramedic who suffered spinal injuries in a 1998 ambulance accident, leaving him in constant pain.

    WHEN: Wednesday, March 11, 8:30 a.m.

    WHERE: Rm. 10, State Office Building, St. Paul.

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CONTACT:

Jennifer Carnig, 212.607.3363 / [email protected]

NYCLU Applauds Significant Step in Dismantling Draconian Rockefeller Drug Laws

FOR IMMEDIATE RELEASE

March 4, 2009 – In anticipation of the passage of a bill later today, the New York Civil Liberties Union applauded the State Assembly for taking the first significant step in dismantling the draconian Rockefeller Drug Laws.

“New York State is closer to justice today than we were yesterday,” said NYCLU Executive Director Donna Lieberman. “By passing this bill, our state’s Assembly is letting go of 36 years of failure and moving toward meaningful reform of the Rockefeller Drug Laws.”

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 of the people incarcerated are convicted of low-level, nonviolent offenses. Many of the thousands of New Yorkers in prison under these laws suffer from substance abuse problems; many others struggle with issues 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 Rockefeller drug laws have failed by every measure – cost, drug use, public safety,”said Robert Perry, NYCLU legislative director. “With the passage of Jeff Aubry’s bill, the Assembly has acted on Governor Paterson’s directive to fundamentally reform the state’s failed drug policy.   The bill shifts the paradigm, away from mass incarceration and toward a public health model.” 

The Assembly bill (A.6085) embraces judicial discretion in sentencing and allows for rehabilitation and drug treatment as an alternative to incarceration. The bill:

• Restores the authority of a judge to divert some people into substance abuse treatment or other community-based programs that best address the person’s needs;
• Provides for retroactive relief for those sentenced under the old Rockefeller sentencing scheme;
• Creates re-entry planning services for those in prison, including services that improve access to medical assistance upon release; and
• Establishes a “crime reduction fund” which will be used to fund prevention and treatment services.

The NYCLU took pains, however, to make clear that while the bill represents an important step in overhauling the drug laws, the bill was nevertheless only one step. 

The organization’s analysis found that in certain essential respects, the Assembly proposal does not fully realize the reform principles on which the legislation is based.   

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

·         Creates an unnecessarily burdensome procedure for sealing a criminal record after someone has completed a substance abuse program.

The NYCLU also recommended that in order to realize the promise of alternative to incarceration programs, the state must develop evidence-based, best-practice models to ensure good outcomes for the individuals who enter such programs – and for their families and communities.

“This is an essential first step, but we encourage Governor Paterson and the State Senate to authorize judicial discretion to divert individuals from prison in all appropriate cases; to expand and improve the quality of alternative to incarceration programs; and to provide long-sought justice to the thousands of families that have been torn apart by the Rockefeller Drug Laws,” Lieberman said.

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