State & Local Executive Branches
Feature: Mendocino Marijuana Battle Waits for Election Results, Restrictive Initiative Draws Strong Opposition
Eight years ago, voters in Northern California's Mendocino County passed the groundbreaking Measure G, which allowed people to grow up to 25 marijuana plants for medical or personal use and directe
Marijuana: Idaho Resort Town Passes Three Initiatives -- Again
For the second time in less than a year, voters in the Sun Valley town of Hailey, Idaho, have approved a trio of marijuana reform initiatives.
Feature: New Mexico's Medical Marijuana Law Is Working, But There Is a Hang-Up Over Production and Distribution
After an exhausting seven-year struggle, New Mexico joined the ranks of the medical marijuana states last year.
Harm Reduction: San Antonio Needle Exchange Program Not To Be, Texas Attorney General Says Would Violate State Law
A state-sanctioned needle exchange program envisioned for Bexar County (greater San Antonio) under legislation passed last year will not happen -- at least not this year.
New York City's Marijuana Arrest Rate is Wildly Out of Control
Posted in Chronicle Blog by David Borden on Thu, 05/01/2008 - 1:04pm
Two of my colleagues, Deborah Small and Prof. Harry Levine, have analyzed New York City's marijuana policy in a major report released Wednesday the New York Civil Liberties Union. The chart appearing above pretty makes the central point, but check out Jacob Sullum's piece in Reason for a good general discussion of the report's findings and implications.
Also, Scott wrote here last night about an important side angle, why it's a bad idea to take out your marijuana to give it to police.
Yesterday's is a must-read too.
The report itself, and the authors' summary, are online here
PRESS CONFERENCE RESCHEDULED: Medical Marijuana Advocates Refute Law Enforcement
Posted in In the Trenches by David Guard on Tue, 04/29/2008 - 4:44pm
MEDIA ADVISORY
APRIL 28, 2008
UPDATE: TIME CHANGE FOR PRESS CONFERENCE
Medical Marijuana Advocates Offer Point-by-Point Refutations of Law Enforcement
Press Conference at 1 p.m. Tues. Will Also Feature Latest TV Ad Urging Governor to Allow Passage of the Medical Marijuana Bill
CONTACT: Neal Levine, MPP director of state campaigns, (612) 424-7001
MINNEAPOLIS -- A press conference Tuesday will highlight false and misleading statements made by certain aspects of the law enforcement community during testimony before the legislature, as well as to the press, in an attempt to derail a bill that would protect seriously ill Minnesotans from arrest who use medical marijuana with a doctor's recommendation.
Advocates will also unveil their latest TV ad urging the governor not to veto the bill as he has threatened to if it passes in the House.
WHAT: Press conference refuting misleading-to-outright false statements made by certain aspects of the law enforcement community who oppose Minnesota's medical marijuana bill.
WHO: Scheduled press conference participants include:
* Neal Levine, Marijuana Policy Project director of state campaigns
* KK Forss, an Ely photographer who suffers constant debilitating pain caused by a ruptured disk in his neck and nerve damage from subsequent surgeries and who is featured in the TV ad.
WHEN: Tuesday, April 29, 1 p.m. Note: This is a change from the prior advisory.
WHERE: State Office Building, Room 181
With more than 23,000 members and 180,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. For more information, please visit www.MarijuanaPolicy.org.
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Say "Thank You" : Denver Police Realize Lowest Priority for Cannabis Enforcement
Posted in In the Trenches by David Guard on Wed, 04/23/2008 - 2:01pm[Courtesy of Denver 420 Coalition]
[Denver] -- Congratulations to the Denver Police Department and the Mayor's Office for accomplishing a "low priority" event at the 4/20 Rally in Civic Center Park this year.
4/20 is International Cannabis Day, celebrated by millions of people throughout the world. Every year on 4/20 at 4:20 pm, citizens worldwide gather together to celebrate their favorite plant.
The Denver 4/20 Rally was the first 4/20 Rally to be held since the passage of a "lowest priority" law in 2007 that makes cannabis possession the "lowest priority" for law enforcement in the city of Denver. Denver citizens have been outspoken in favor of legalization of cannabis for adults. In addition to the lowest priority vote last year, they voted in 2005 to make small amounts of cannabis legal for adults and voted in 2006 to pass the same measure statewide. Despite these 3 votes, cannabis arrests have continued to rise.
Participants of the 420 Rally in Civic Center Park were happy to see that the Denver Police were present, but not actively enforcing state laws against marijuana possession as they had in the past. The numbers are not yet finalized, but estimates are that only a handful of people experienced any interaction with law enforcement at all. Last year, there were over 100 police that made over 60 arrests. Perhaps this signals a change in policy for the Denver Police and arrests will continue to drop overall.
Since opponents of cannabis relegalization are likely to be vocal in their opposition to the police standing by while thousands of people smoked cannabis openly, we are encouraging supporters of cannabis to contact the Denver Police, Mayor's Office and City Council and to say THANK YOU for making marijuana law enforcement a low priority on 4/20/08 in Civic Center Park.
Also tell them that they hope they maintain the same non-confrontational tactics when thousands of protesters converge on Denver for the Democratic National Convention, Aug. 25-28, 2008.
Denver Police Department
Internal Affairs Division (handles compliments and complaints) 720-913-6019 Click below to fill out an online ommendation form: ttp://www.denvergov.org/OIM/ComplaintCommendationForm/OnlineComplaintCommendationForm/tabid/425496/Default.aspx
Denver Mayor John Hickenlooper
Phone: 720-865-9000 (Denver 311)
Ask for the Mayor's Office
E-mail: MileHighMayor@ci.denver.co.us
Website: www.denvergov.org/mayor
Denver City Council
Phone: 720-865-9534
Email: dencc@ci.denver.co.us
Website: www.denvergov.org/CityCouncil
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Presented as a Public Service by the:
Denver 420 Coalition
Promoting Cannabis-related Tourism in Denver and Colorado http://www.denver420.com/
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VIDEOS
Vflog video
http://www.youtube.com/watch?v=J6XqSzjL7_E
CapnCannabis Video
http://www.youtube.com/watch?v=w3X1Mavc63s
Iowa Gov. Signs Nation's First Racial Impact Sentencing Bill
Posted in In the Trenches by David Guard on Fri, 04/18/2008 - 3:00pm[Courtesy of The Sentencing Project]
Dear Friends,
Less than one year after a national report found Iowa prisons and jails maintain the highest rate of racial disparity in the nation, Governor Chet Culver yesterday signed legislation requiring examination of the racial and ethnic impact of all new sentencing laws prior to passage.
"Iowa's aggressive attempt to address racial and ethnic disparity can jumpstart a movement for fairness around the nation," said Marc Mauer, Executive Director of The Sentencing Project and co-author of the report that helped instigate the legislative response.
Passage of the Minority Impact Statement Bill provides a means for legislators to anticipate any unwarranted disparities and enables them to consider alternative policies to accomplish the goals of legislation without causing undue negative effects on public safety. High rates of incarceration among people of color signal a failure to address social and economic problems within communities and can indicate bias within the justice system. The consequences for communities are disproportionate rates of voter disenfranchisement, unemployment, and disassociation among its citizens.
Representative Wayne Ford (D- Des Moines) authored the legislation, House File 2393, which garnered broad bipartisan support when passed by Iowa's House and Senate. In a statement he said, "I believe that we need to be tough on crime, but we must also make sure that our laws are fair and equitable."
In July, The Sentencing Project released its report, Uneven Justice: State Rates of Incarceration by Race and Ethnicity, which found that Iowa incarcerates blacks at a rate 13 times that of whites, more than double the national average. Iowa is the first state to pass legislation examining the racial and ethnic impact of new criminal justice policies. Bills to enact minority impact statements are also pending in Connecticut and Illinois. Last year, Oregon was the first state to introduce similar legislation. For more information, visit the Governor's Web site.
Medical Marijuana: Minnesota Bill Heads for House Floor Vote, Last Stop Before Governor's Desk
A bill that would allow some Minnesota patients to use medical marijuana is headed for a House floor vote after easily passing the House Ways and Means Committee Wednesday.
Press Release: Advocates Demand Effective Overdose Legislation to Deal with Epidemic
Posted in In the Trenches by David Guard on Tue, 04/08/2008 - 4:23pm[Courtesy of Drug Policy Alliance]
For Immediate Release: April 7, 2008
For More Info: Gabriel Sayegh, tel: 646-335-2264 or Tony Newman, tel: 646-335-5384
New York Overdose Epidemic: More People Die from Accidental Overdose than Homicides
Public Heath Advocates, Community Groups Travel to Albany on Tuesday to Demand Effective Overdose Legislation
Nearly 1,000 Flowers—One Flower for Every Accidental Overdose Death in NYC —to be Delivered to Gov. Paterson’s Office at 1 p.m., April 8
On Tuesday, April 8, the Drug Policy Alliance, Harm Reduction Coalition, New York City AIDS Housing Network, Voices of Community Advocates and Leaders, and advocates from around the state will travel to Albany to demand effective overdose legislation and public health policies for drug user health in New York.
There is an overdose epidemic across the country and in New York State. In New York City alone, nearly 1,000 people died of accidental drug overdose in 2006, making it the fourth leading cause of death among adults after heart disease, cancer and AIDS. More people die of overdose than homicides in New York City.
At 11 a.m., advocates will gather at Emmanuel Baptist Church for a strategy meeting and inspirational talk by Senator Tom Duane and Humberto Cruz, Exec. Director of NYS AIDS Institute. At 1 p.m., the coalition will make a special delivery to Gov. David Paterson’s office—one flower for every accidental overdose death in New York City. Nearly 1,000 flowers will be delivered.
Many accidental drug overdoses in New York are preventable. Most people hesitate to call 911 because they fear getting arrested for illicit drugs. Assembly Bill 8740, the 911 Good Samaritan Bill, will save lives in New York by allowing people to call 911 to save a life without fear of being arrested. Additionally, the Expanded Syringe Access Program (ESAP), passed by the NYS Legislature in 2000, amended the Public Health Law to make possession of clean syringes legal. However, New York State Penal Law still states that possession of a clean syringe is a Class A misdemeanor, and many clients are arrested around syringe exchange programs—for possession of syringes. Advocates will call on legislators to remove syringes from the penal code to encourage injection drug users to access clean syringes to reduce HIV/AIDS without fear of arrest.
What: Statewide Meeting and Lobby Day to Reduce Accidental Drug Overdoses
When: Tuesday, April 8th 11:00 A.M.
Where: Meeting at Emmanuel Baptist Church 275 State Street, Albany, NY
Who: Advocates, with special comments by Senator Tom Duane and Humberto Cruz, NYS AIDS Institute
Director
Action: Flower Delivery to Gov. Paterson to symbolize overdose deaths in New York: 1:00 p.m. at the
Executive Chamber
Law Enforcement: Detroit Prosecutor Charged With Misconduct for Allowing False Testimony in Drug Case, Misleading Jury
The head of the Major Narcotics Unit of the Wayne County Prosecutor's Office has been charged with professional misconduct for allowing an informant and two Inkster police officers to lie on the st
Drug Treatment: Idaho Senate Overrides Governor's Funding Increase Veto, Battle Continues
The Idaho Senate voted overwhelmingly Tuesday to override a gubernatorial veto of a bill that would have increased funding for drug treatment and prevention programs.
They Won't Give Up -- Alaska Supreme Court Hears Oral Argument in State's Bid to Overturn Legal Marijuana At Home
For more than 30 years, Alaska's courts have held that the state constitution's privacy protections barred the state from criminalizing adults possessing and consuming small amounts of marijuana in
Law Enforcement: Ohio SWAT Officer Who Killed Young Mother in Drug Raid Gets Charged With Misdemeanors, Faces Eight Months at Most
Back in January, Sgt.
Stop Filling Prisons, California -- Advocates to Take Sentencing Reform Case to Voters
California's prison system is in crisis.
How many drug dealers does it take to supply a 10,000-person community? Or, is Twiggs County, Georgia, the latest Tulia?
Posted in Chronicle Blog by David Borden on Sun, 02/03/2008 - 12:01amPete Guither over at Drug WarRant has spotted a report on what looks to be a suspiciously large number of drug busts -- 17, with 11 more warrants pending, all following a six-month undercover investigation -- in the sparsely populated Twiggs County in Georgia. Twiggs has 10,184 residents, at latest count -- the largest city, Jeffersonville, boasts a mere 1,028 residents.
The county is so small, in terms of its population, that there is exactly one auto repair shop. Which raises the question, can a county that small really support 28 drug dealers? The same question came up in the Tulia scandal, where about 46 people, almost all of them black, were convicted and imprisoned for drug dealing based on the testimony of a rogue cop, who as it turns out had made it all up. Many of the names listed in the indictment have an African American sound to them.
Comments from local officials also raise questions about the operation's timing. In issue #520 of the Chronicle, we reported that Congress had substantially cut funding for the federal grant programs that support these kinds of task forces and that law enforcement organizations were engaged in a massive lobbying/media campaign to try to get the funding back. Twiggs police clearly had that situation in mind when they spoke with the press:
Officials, however, are concerned about the future of such major operations. Special agent Martin Zon of the GBI's state drug task force said federal funding for the task force has been cut by nearly 70 percent in the newest budget. Once it takes effect in July, the budget cuts could hamper law enforcement efforts in the drug war.
"We've been a recipient of these funds for many years, and in December we learned that these grants would be cut drastically," Zon said. "Our budget was cut by 70 percent, which cuts our ability to fulfill requests from places like Twiggs."
Mitchum said he's also concerned that he may not have certain state resources to call upon in the future.
"The task force is a big help to departments our size," he said. "We use their equipment, their personnel, their expertise. We wouldn't want to see their funding cut. It's really important they keep it."
If it is a case of law enforcement busting people as taxpayer-funded lobbying for funding, it would be nothing new -- Pete pointed out such a case in Kentucky last year, and I noted a 2006 press release from the California Attorney General's office that directly admitted it, in a previous blog post on that topic. There are other examples, too.
Law Enforcement: Nebraska Man Files Complaint Over Bogus South Dakota Bust
Medical Marijuana: Berkeley Declares Itself a Sanctuary City
Eric Sage Fights Back
Posted in Chronicle Blog by Phillip Smith on Wed, 01/30/2008 - 1:35pmAs part of a new Drug War Chronicle occasional series on victims of the war on drugs, we told the story of Eric Sage back in November. Now, there are new developments.
On his way home to Nebraska after attending the Sturgis Motorcycle Rally in South Dakota last summer, Sage's motorcycle was pulled over by a highway patrolman. A pick-up truck accompanying also stopped, and when the patrolmen searched that vehicle, he found one of the passengers in possession of a pipe and a small amount of marijuana. Bizarrely, the patrolman charged not only the pick-up truck passengers but also Sage with possession of paraphernalia.
Unlike most people arrested on drug charges--even bogus ones--Sage refused to roll over. That prompted local prosecutors to threaten to charge him with "internal possession," a crime (so far) only in South Dakota, and a charge even less supported by the evidence (there was none) than the original paraphernalia charge. After repeated multi-hundred mile trips back to South Dakota for scheduled court hearings, Sage's charges mysteriously evaporated, with prosecutors in Pennington County lamely explaining that they had decided the charge should have been filed in another county.
Sage was a free man, but his freedom wasn’t free. Sage says his encounter with South Dakota justice cost him thousands of dollars, lost work days, and considerable stress. Now, he is seeking redress.
On Monday, Sage and South Dakota NORML announced that he had filed complaints with several South Dakota agencies and professional standards groups regarding the actions of the prosecutors, Pennington County (Rapid City) District Attorney Glenn Brenner and Assistant DA Gina Nelson, and the highway patrolman, Trooper Dave Trautman.
Sage accuses Trautman of improperly charging everyone present at the incident with possession of paraphernalia. He also accuses Trautman of concocting an arrest report long after the fact to support the new charge of internal possession. Sage accuses Assistant DA Nelson and her boss of prosecuting a case they knew was bogus and of threatening to convict him of an offense where they knew he was not guilty because he refused to plead to the original paraphernalia charge.
"They mugged me," Sage said. "They cost me $4000. I had to travel to Rapid City several times, I had to hire a lawyer, I missed work. It cost me three times as much to get them to drop a bogus charge as it would have cost me to say I was guilty of something I didn't do and pay their fines. They only quit when they ran out of clubs to hit me with."
Prosecutors didn't even have the courtesy to let him or his local attorney know they had finally dropped the charges, Sage said. "My lawyer called Gina Nelson several times to see if I needed to drive up on Nov. 21," he said. "She wouldn't return the calls. So when I got there, I found the charges had been dropped on the 16th. Gina had purposefully made me drive one more 500 mile round trip, for nothing."
Now, we'll see if the powers that be in South Dakota will bring the same dogged determination to seeing justice done in this case as they do to going after anybody who even looks like a small-time drug offender. You can read Sage's complaints to the South Dakota Department of Public Safety, the South Dakota Bar Association Disciplinary Committee, and the Pennington County Commission here.
Press Release: Governor Spitzer Proposes Tax Stamp on Illegal Drugs - Statement from Ethan Nadelmann of DPA
Posted in In the Trenches by David Guard on Fri, 01/25/2008 - 12:21pm[Courtesy of Drug Policy Alliance]
For Immediate Release: January 23, 2008
For More Info: Tony Newman (646) 335-5384 or Ethan Nadelmann (646) 335-2240
Governor Spitzer Proposes Tax Stamp on Illegal Drugs
Statement from Ethan Nadelmann, Executive Director of the Drug Policy Alliance
“I have my doubts regarding Gov. Eliot Spitzer's proposed bill to require all marijuana and other controlled substances in the state to have a tax stamp.
“On the one hand, it seems perfectly reasonable to require people and businesses to pay taxes on the revenue earned from selling products of any sort, whether they are legal or illegal. Indeed, in the dozen states where marijuana has been legalized for medical purposes, many of those who sell marijuana to patients are willing and even eager to pay taxes on their revenue.
“On the other hand, these tax stamp bills and laws smack of the gratuitous piling on of punitive sanctions that permeates the overall drug war. The United States already locks up people who violate the drug laws more readily, more frequently and for longer periods of time than in almost any other country – at a national cost of tens of billions of dollars per year. We also subject drug law violators to civil and criminal asset forfeiture and deprive them of all sorts of rights and privileges after they have served their sentences - - to an extent far greater than in almost any other country. More than half a million people come out of prison each year but face daunting prospects getting a fresh start, in part because they are obliged to pay fines – like this tax stamp – that end up causing far more harm than good.
“The Governor could accomplish far greater tax savings for New York taxpayers if he would move forward on his campaign commitments regarding reform of the Rockefeller drug laws. The modest reforms of 2004 and 2005 already have saved the state tens of millions of dollars – but far greater savings could be attained, with no risk to public safety, if he were to support the drug law reforms passed by the Assembly in recent years.
“And, quite frankly, New Yorkers would most benefit from a serious proposal to tax, control and regulate marijuana more or less like alcohol is today. Even though New York decriminalized marijuana possession in the 1970s, it still arrests people for that offense more frequently than most states that never decriminalized it. New Yorkers spend many tens of millions of dollars per year for this foolish excess, when instead the state could earn even greater amounts from taxing this ever popular consumer product. Overall consumption would likely rise only modestly given the widespread and easy availability of marijuana today notwithstanding its illegality. Virtually all New Yorkers – both those who like marijuana and those who have no interest in it – would benefit.”



















