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Federal Courts

Federal Fake Marijuana Ban Challenged

A Duluth man is now part of the first lawsuit challenging a federal ban on several ingredients found in synthetic marijuana products. Jim Carlson owns Last Place on Earth in downtown Duluth. He was already challenging the city's ban on fake pot ingredients.

US Supreme Court Hears California Prison Crowding Case, Advocates Urge California to Focus on Resolving Crisis, Including Ending Prison as Response to Drug Use (Press Release)

FOR IMMEDIATE RELEASE: November 30, 2010
CONTACT: Margaret Dooley-Sammuli at 213-291-4190 or Tommy McDonald 510-229-5215

US Supreme Court Hears California Prison Crowding Case

Advocates Urge California to Focus on Resolving Crisis, Including Ending Prison as Response to Drug Use

10,000 in Prison for Drug Possession at Cost of $500 Million a Year

WASHINGTON - November 30 - The United States Supreme Court heard oral arguments today in Schwarzenegger v. Plata, a landmark prison rights case in which a federal court found the unconstitutional conditions of California's prisons were caused primarily by overcrowding and ordered California to reduce prison overcrowding from over 200% of design capacity down (by about 40,000 people) to 137.5% of capacity within two years. California has conceded that the state's prison conditions are unconstitutional but has nonetheless asked the Supreme Court to put the states' right to administer its prisons before the constitutional rights of individuals who are wards of the state.

"One of the primary reasons that the state's prisons are dangerously overcrowded is that California continues to lock up thousands of people each year for low-level drug possession. There is no basis in evidence or principle to expose people to this dangerous environment simply for the possession of a small amount of illicit substances," says Margaret Dooley-Sammuli, deputy state director for the Drug Policy Alliance in Southern California. "California must follow the lead of other states like Texas and New York and stop sending people to state prison for drug possession, which can be handled as a health issue safely, effectively and affordably in the community."

"The state currently spends $500 million a year to incarcerate 10,000 people for nothing more than personal drug possession," Dooley-Sammuli continued. "That does not include the unknown number of parolees who have been returned to prison for a few months based on the results of a drug test. This is a terrible waste of scarce resources. Treatment in the community is effective and affordable. Unfortunately, California this year eliminated funding for community-based treatment for drug possession arrestees."

"People who use drugs do not belong in the state's cruel and costly prisons simply for that personal use. We urge California to take the logical step of ending incarceration as a response to drug possession, while expanding opportunities for drug treatment in the community," continued Dooley-Sammuli.

Iowa Drugs Appeal Case Headed to Supreme Court

Two attorneys say they'll take an Iowa case before the nation's highest court next week that could alter how federal judges sentence convicts after appeals. The issue is if judges can weigh a convict's efforts at rehabilitation while an appeal is pending.

Judge to Hear Medical Marijuana Case Against Wal-Mart


A federal judge on will hear arguments in the lawsuit on behalf of Joseph Casias, a 30-year-old cancer patient who lost his job after a routine drug screen found he had used medical marijuana. Casias was registered in Michigan to use it to treat pain.

Obamacare and the War on Drugs

Some conservatives outraged by Obamacare’s individual mandate had helped pave the way for it through drug prohibition policies. The Justice Department is defending Obamacare by asserting that a 2005 Supreme Court case about medical marijuana, Gonzales v. Raich, permits such a broad reading of the Commerce Clause that the federal government can tell individual citizens that they have to buy health insurance.
Fry, Schafer, and family at 2007 demonstration. (Image courtesy Indybay.org)
Fry, Schafer, and family at 2007 demonstration. (Image courtesy Indybay.org)

Dr. Mollie Fry's Medical Marijuana Conviction Upheld

The federal persecution of California medical marijuana providers continues. Now, upon losing an appeal, Dr. Mollie Fry and partner Dale Schafer are most likely headed for federal prison.

Judge: State Medical Marijuana Law No Defense for Drug Charges

A Colorado medical marijuana grower trying a first-in-the-nation drug defense based on Obama administration memos about medical marijuana saw his case take a serious blow Wednesday when a federal judge felled the effort. Christopher Bartkowicz wanted to argue he shouldn't face federal marijuana cultivation charges because he started his basement medical marijuana growing business after seeing memos from Department of Justice officials indicating the U.S. government wouldn't pursue medical marijuana cases in states that allow it. But U.S. District Judge Philip A. Brimmer sided with federal prosecutors who argued the memos aren't the same as making medical marijuana legal under federal law.