State & Local Government
Feature: Fired Up in Albuquerque -- The 2009 International Drug Policy Reform Conference
Medical Marijuana: Battle Over Regulating Los Angeles Dispensaries Drags On, But Council Rejects Prosecutor's Advice
For four years, the Los Angeles City Council has been wrestling with how to regulate the city's rapidly growing number of medical marijuana dispensaries.
Budget Crunch: Tennessee Could Free 4,000 Prisoners in Bid to Cut Costs
Faced with a demand from Gov.
Prohibition: Kansas Politician Hears of New Drug, Responds with Plan to Ban It
An herbal preparation containing synthetic cannabinoids has show up in Kansas, and a prohibitionist Kansas politician has a reflex response: Ban it.
Feature: Medical Marijuana in State Legislatures -- The Good, the Bad, and the Ugly
Medical marijuana has gone mainstream.
Sentencing: Era of Mandatory Minimums for Drugs Comes to an End in Rhode Island
As of last week, Rhode Island sentencing reforms that eliminate mandatory minimums for drug offenses have taken effect.
Press Release: NJ Senate Comm. to Vote on Reforming Mandatory Minimum Drug Laws
Posted in In the Trenches by David Guard on Wed, 11/18/2009 - 6:25pmFOR IMMEDIATE RELEASE: November 18, 2009
CONTACT: Tony Newman at 646-335-5384 or Roseanne Scotti at 609-610-8243
NJ Senate Judiciary Committee to Vote Monday on Groundbreaking Sentencing Bill that Would Give Judges the Discretion to Waive Mandatory Minimum Sentences for Some Nonviolent Drug Offenses
Advocates Commend Legislation as Common-Sense and Reasonable Reform that Would Increase Fair and Effective Sentencing and Save Taxpayer Money
On Monday, November 23, the Senate Judiciary Committee will consider Senate Bill 1866, which would give judges the discretion to waive mandatory minimum sentences for some nonviolent drug offenses. The Assembly passed the companion legislation, A2762, last year and Gov. Jon Corzine has said he will sign the bill when it gets to his desk. This critically important legislation would be a groundbreaking first step in reforming New Jersey’s draconian sentencing laws for nonviolent drug offenses.
Roseanne Scotti, director of Drug Policy Alliance New Jersey, applauded the committee’s willingness to consider the bill and urged passage.
“Twenty years ago, New Jersey began implementing harsh mandatory minimum sentences for nonviolent drug offenses. These laws have been a spectacular failure. They have done nothing to decrease drug activity and have filled New Jersey’s prisons with nonviolent drug offenders at great cost to New Jersey taxpayers,” said Scotti.
It costs New Jersey taxpayers more than $46,000 a year to incarcerate an individual and New Jersey spends about $331 million a year just to incarcerate nonviolent drug offenders. Allowing judges some discretion would guarantee that justice is done and that taxpayer dollars are not wasted. At a time when New Jersey is facing serious budget deficits and cutting spending on education, health and other critical programs, advocates say New Jersey needs to take a hard look at policies that have mandated the warehousing of large numbers of nonviolent drug offenders at enormous cost to taxpayers.
S1866/A2762 is supported by a broad coalition of organizations including Volunteers of American Delaware Valley, Corporation for Supportive Housing, New Jersey Association on Correction, New Jersey Institute for Social Justice, Coalition of Community Corrections Providers of New Jersey, Women Who Never Give Up, Families Against Mandatory Minimums, Hispanic Directors Association and Latino Leadership Alliance. Recently, both the Newark and Camden City Councils passed resolutions supporting S1866.
When New Jersey adopted the Comprehensive Drug Reform Act in 1986, the state ushered in a radical era of harsh mandatory minimum sentences for nonviolent drug offenses. This led to unprecedented levels of incarceration and massive taxpayer expenditures. These unfair and ineffective laws have also had an egregiously disproportionate impact on communities of color.
• In 1987, only 11 percent of the New Jersey prison population was incarcerated for drug offenses. Today, 29 percent of the prison population is incarcerated for nonviolent drug offenses.
• Twenty years ago, only 11 percent of individuals in prison were serving mandatory minimum sentences—today 69 percent are serving mandatory terms.
• In the last twenty years, New Jersey’s Corrections budget has risen from $289 million to $1.3 billion.
• New Jersey spends $331 million a year to incarcerate individuals for nonviolent drug offenses.
• The budget for corrections has grown by a factor of 13 while the overall budget grew only by a factor of six.
• In the 1980s and 1990s, the Corrections budget grew at three times the rate of the budget for education.
• Although African Americans and Latinos account for just 27 percent of the population of New Jersey, they represent 81 percent of the prison population.
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Colorado Announces Plan to Tax Medical Marijuana
Posted in Chronicle Blog by Scott Morgan on Tue, 11/17/2009 - 10:19pmThe wave of sanity rolls on:
In an opinion that could generate more revenue for cash-strapped governments and give additional legitimacy to a fledgling industry, Colorado Attorney General John Suthers said Monday that the state can collect sales tax on medical marijuana."Medical marijuana is tangible property that is generally subject to state sales tax," Suthers, a Republican, wrote in response to a query from Gov. Bill Ritter, a Democrat.
The opinion also said medical-marijuana dispensaries must obtain retail-sales licenses from the state to do business. [Denver Post]
It sucks that it took an economic crisis to advance the idea that it makes more sense to generate revenue from the marijuana economy than waste billions trying in vain to destroy it. Of course, we'd have gladly paid the government millions many years ago to stop arresting patients.
Medical Marijuana: Colorado Judge Blocks Restrictions on Caregivers
A judge in Denver Tuesday overturned a state Board of Health decision last week that medical marijuana caregivers must do more than simply provide marijuana to qualify as caregivers.
Feature: 2009 International Drug Policy Reform Conferences Opens Amid Optimism in Albuquerque
Hundreds, possibly more than a thousand, people poured into the Convention Center in downtown Albuquerque, New Mexico, as the Drug Policy Alliance's
BREAKING: A Legal Victory for Patients
Posted in In the Trenches by David Guard on Tue, 11/10/2009 - 6:20pmBREAKING: Legal Victory for Patients and Providers
This morning, Sensible Colorado attorneys delivered a victory in overturning the Board of Health's 10/19/9 decision which limited patients rights. See coverage of this story HERE
As background, late on Monday Nov. 2, Sensible Colorado received word that the state was holding a stealth meeting to narrow the definition of who could provide medical marijuana. Our staff immediately sent out an alert and over 200 of our supporters responded by either calling-in or attending the Board's 11/3 meeting. At that meeting, after refusing to hear from any affected patients or caregivers, the Board voted to require caregivers to provide supplementary-- and often unnecessary services-- beyond supplying medical marijuana to sick patients.
Today, Sensible Colorado Board member Robert Corry, along with staff member Brian Vicente, and attorney Lauren Davis, successfully argued that the 11/3 "stealth" meeting was a violation of the Colorado Open Meetings Law. After hearing about the state's complete disregard for public testimony and their lack of notice to affected parties, Chief Denver District Chief Larry Naves ruled in favor of patients and invalidated the Board's recent finding.
Sensible Colorado wants to thank the two patients involved in this lawsuit, as well as the hundreds of patients and supporters who attended-- or tried to attend-- these hearings.
What does this mean for patients and providers? Judge Naves ruling means that, under Colorado law, medical marijuana caregivers can continue to simply provide medical marijuana for patients and are not required to provide supplementary services. Please stay tuned for further alerts, as this area of the law is dynamic.
We can't do this without your help!! Please support the work of Sensible Colorado by becoming a monthly donor today. Click HERE to help.
Marijuana Legalization Confusion in Connecticut
Posted in Chronicle Blog by Scott Morgan on Mon, 11/09/2009 - 10:33pmDrug policy reformers did a double-take today when the following "Budget Suggestions" were discovered on the website of Connecticut Governor Jodi Rell:
January 9, 2009: Decriminalize marijuana – allow for medicinal purposes and collect taxes on it purchase. Create a tax stamp for these packages – anyone caught with a bag of marijuana without the stamp should face harsher penalties than someone caught with a bag with a stamp.
February 3, 2009: Legalize marijuana and have the Department of Agriculture grow it for sale in 1 ounce bags -- sell it over the Internet.
March 2, 2009: Increase revenue by legalizing marijuana and administering its sale and tax to be sold in pharmacies as well as in liquor stores. Apply law enforcement standards currently used for alcohol. This would save money in not having to chase drug dealers and generate huge revenues.
This is surprising stuff to see on the site of a governor who'd vetoed medical marijuana legislation. And, unfortunately, it was too good to be true.
It turns out these ideas came from unnamed current or former state employees as part of a program called the Innovative Ideas Initiative. They're not endorsed by the Governor's Office, although a much better job could have been done to explain the source of the proposals when posting them under a picture of Gov. Rell. It wasn't until reporters started calling her office today asking about marijuana legalization that the whole story emerged.
So I suppose you could argue that there's not much of a story here, but I do find it amusing to see the debate over marijuana legalization popping up where you least expect it.
Press Release: Montel Williams to Receive Awards for Drug Policy Work
Posted in In the Trenches by David Guard on Fri, 11/06/2009 - 2:15pmFOR IMMEDIATE RELEASE: November 5, 2009
CONTACT: Tony Newman at 646-335-5384 or Tommy McDonald at 636-335-2242
Montel Williams, Celebrated Talk Show Host and Medical Marijuana Patient/Advocate, to Receive Award at International Drug Policy Reform Conference in New Mexico
Award Recognizes Williams' Pioneering Advocacy for Compassionate Drug Laws and Safe Access to Medical Marijuana
Montel Williams, veteran TV talk show host and currently the host of Montel Across America, a nationally syndicated daily radio show, will receive the The Edward M. Brecher Award for Achievement in the Field of Journalism at the International Drug Policy Reform Conference in Albuquerque, New Mexico on Nov. 13, 2009. Williams, who suffers from multiple sclerosis and uses medical marijuana to relieve chronic nerve pain, is being honored by the Drug Policy Alliance for his groundbreaking journalism and outspoken advocacy on behalf of medical marijuana patients and providers. Williams will accept the award during the conference awards dinner, which begins at 7:30 p.m. at the Hyatt Regency Albuquerque.
Since going public with his personal medical marijuana use in late 2003, Williams has tirelessly campaigned for changes in state and federal laws to expand access to marijuana as a medicine. In addition to writing Climbing Higher, his 2004 autobiography that detailed his struggle with MS and the therapeutic effects of cannabis, Williams has hosted TV shows on the topic of medical marijuana, authored Op-Ed pieces in major newspapers and used his platform as a public figure to press legislators across the country to enact new drug policies based on compassion, reason and science. In particular, Williams traveled to state capitals in Albany, NY and Trenton, NJ, as well as Washington, D.C., to urge elected officials to pass medical marijuana legislation.
"I utilize medical marijuana to help alleviate the extreme neuralgic pain I suffer from," said Montel Williams. "I am not alone. There are thousands of patients like me, and we should not be treated as criminals."
“Montel is in a league of his own insofar as the effort to legalize medical marijuana is concerned,” said Ethan Nadelmann, executive director of the Drug Policy Alliance. “No one has used his media pulpit as effectively and passionately as he has in combating drug war intransigence.”
The Drug Policy Alliance, the nation's leading organization promoting policy alternatives to the drug war, bestows the biennial Edward M. Brecher Award to media figures who show the courage and leadership to question official drug war propaganda. Previous recipients include: ABC News Anchor Hugh Downs; Cartoonist Gary Trudeau; The Economist magazine; Rolling Stone magazine; William Finnegan, staff writer for The New Yorker; and Eric Schlosser, author of Fast Food Nation and Reefer Madness, among other distinguished honorees.
The International Drug Policy Reform Conference, co-hosted by the Drug Policy Alliance in Albuquerque, NM from Nov. 12-14, 2009, brings together nearly 1000 leading international experts, treatment providers, researchers, policymakers and key activists at the leading global forum on drug policy reform. For more information or to register for the conference, please visit www.reformconference.org. To purchase tickets for the awards ceremony: http://www.regonline.com/Checkin.asp?EventId=784745.
Press Release: NY State Assemblyman Aubry to Receive Award for Drug Policy Work
Posted in In the Trenches by David Guard on Fri, 11/06/2009 - 2:12pmFOR IMMEDIATE RELEASE: November 5, 2009
CONTACT: Tony Newman at 646-335-5384
NY State Assemblyman Jeffrion L. Aubry, Chief Sponsor of Historic Rockefeller Drug Law Reform Legislation, to Receive Award at International Drug Policy Reform Conference in New Mexico
Award Recognizes Aubry's Leadership and Tenacity in Successful Effort to Roll Back Draconian New York State Drug Laws
New York State Assemblyman Jeffrion L. Aubry, a longtime champion of efforts to reform New York's harsh Rockefeller Drug Laws, will receive the Justice Gerald Le Dain Award for Achievement in the Field of Law at the International Drug Policy Reform Conference in Albuquerque, New Mexico on Nov. 13, 2009. Aubry, who introduced bills to repeal New York's mandatory drug sentencing laws in every legislative session since 1997, is being honored by the Drug Policy Alliance for his unyielding commitment to reform culminating in this year's passage of sweeping changes to the Rockefeller laws.
The Justice Gerald Le Dain Award for Achievement in the Field of La is bestowed on those involved in the law who work within official institutions to challenge traditional drug war orthodoxy. Previous recipients include: Congressman John Conyers, Jr. (D-MI); federal judges Robert Sweet (NY) and John Kane (Denver); former police chiefs Joseph D. McNamara ( Kansas City and San Jose) and Nicholas Pastore (New Haven, CT); Canadian Member of Parliament Libby Davies; and other distinguished attorneys, activists, judges and others.
Aubry, chair of the Assembly Standing Committee on Correction, led the successful fight to repeal mandatory minimum sentences for most low-level, nonviolent drug offenses in New York and instead return discretion to judges to determine whether to divert individuals to treatment or probation instead of incarceration. The reforms, signed into law in April by New York Gov. David Paterson and enacted in October, signal a shift toward treating drug use as public health issue rather a criminal justice matter.
"Thirty-five years of a drug policy focused on punishing drug users and spending billions of dollars on incarceration has failed to reduce drug use or drug-related crime," Aubry said. "Unfortunately, we have spent hundreds of millions of dollars locking up individuals, mostly African-Americans and Latinos, with drug abuse problems rather than offering them needed drug treatment. This historic reform enacts a sensible, comprehensive and cost-effective approach for dealing with nonviolent drug offenders and will ensure that drug abusers are able to access effective substance abuse treatment and counseling."
Aubry has represented the 35th Assembly District in Queens since 1992. He previously served as Director of Economic Development for the Borough President's Office of Queens. For 16 years, he worked in the drug treatment program at Elmcor Youth and Adult Activities, one of the largest nonprofit social service agencies in Queens.
Ethan Nadelmann, executive director of the Drug Policy Alliance, said, “I don’t know of any state legislator in the country who has fought so long, so hard, and now so successfully to reform a drug war injustice as Jeff Aubry.”
The International Drug Policy Reform Conference, co-hosted by the Drug Policy Alliance in Albuquerque, NM from Nov. 12-14, 2009, is the outstanding gathering in the world of people working to reform local, national and foreign drug policies. For more information or to register for the conference, please visit www.reformconference.org. To purchase tickets for the awards ceremony: http://www.regonline.com/Checkin.asp?EventId=784745.
The Border: US Begins Turning Busted Smugglers Over to Mexico for Prosecution
For years, getting caught trying to smuggle drugs across the US-Mexican border meant being handed over to US authorities for prosecution.
Marijuana Legalization: California Poll of Primary Voters Finds Narrow Majority Say Keep It Illegal
A poll released this week suggests backers of California marijuana legalization initiatives have their work cut out for them.
Colorado Ski Town of Breckenridge Votes to Legalize It; Measure Passes With 72%
Posted in Chronicle Blog by Phillip Smith on Wed, 11/04/2009 - 12:27amResidents of the Colorado ski town of Breckenridge overwhelmingly voted to legalize the possession of small amounts of marijuana Tuesday. Early returns had the local measure passing with 72% of the vote.
That means as of January 1, people in Breckenridge can legally possess up to an ounce of marijuana under local ordinance. The measure also legalizes the possession of marijuana paraphernalia.
"This votes demonstrates that Breckenridge citizens overwhelmingly believe that adults should not be punished for making the safer choice to use marijuana instead of alcohol," said Sean McAllister, Breckenridge attorney and chair of Sensible Breckenridge, a local project of the statewide marijuana law reform group Sensible Colorado.
"As state and national focus grows on this important issue, the popular ski town of Breckenridge has taken center stage on marijuana reform-- and not just for medical purposes," said Brian Vicente of Sensible Colorado. "With this historic vote, Breckenridge has emerged as a national leader in sensible drug policy"
The campaign, which had no formal opposition, received a chorus of local support including endorsements from Breckenridge Town Councilman Jeffrey Bergeron, former. Colorado State Representative and Breckenridge resident, Gary Lindstrom, and the Summit Daily News.
Measure 2F was placed on the ballot when over 1400 local supporters signed a petition supporting the reform measure.
Under Colorado state law, possession of up to an ounce is decriminalized and punishable by a $100 fine. But Breckenridge police will "still have the ability to exercise discretion," said Chief Rick Holman. “It's never been something that we've spent a lot of time on, so I don't expect this to be a big change in how we really do business,” he told the Summit Daily News.
Breckenridge residents had voted for Amendment 44, a statewide legalization initiative, by the same percentage in 2006. That initiative won only 41% of the vote statewide.
Denver became the first city to vote to legalize marijuana possession under municipal ordinance in 2005.
Medical Marijuana: New Hampshire Veto Override Falls Two Votes Short
Three months after New Hampshire Gov. John Lynch (D) vetoed a medical marijuana bill, bill supporters attempting to override the veto came up one vote short in the state Senate Wednesday.
Feature: Historic Hearing on Marijuana Legalization in the California Legislature
In an historic hearing Wednesday, the California legislature examined the pros and cons of marijuana legalization.
Medical Marijuana: Colorado Court of Appeals Rules Caregivers Must Do More Than Just Grow Pot
In an opinion released Thursday, the Colorado Court of Appeals has ruled that persons designated as "caregivers












