Press Release

Legal Services for Prisoners with Children

Drug Policy Alliance

www.drugpolicy.org

For Immediate Release: October 13, 2011
Contact: Tony Newman or Anthony Papa

Former NYPD Detective Testifies that Police Regularly Plant Drugs on Innocent People to Meet Arrest Quota

DPA Statement: Drug War Corrupts Police, Ruins Lives, Destroys Trust Between Law Enforcement and Community

Stephen Anderson, a former NYPD narcotics detective, testified yesterday that he regularly saw police plant drugs on innocent people as a way to meet arrest quotas. Mr. Anderson is testifying under cooperation with prosecutors after he was busted for planting cocaine on four men in a bar in Queens. "It was something I was seeing a lot of, whether it was from supervisors or undercovers and even investigators," said Anderson.

"One of the consequences of the war on drugs is that police officers are pressured to make large numbers of arrests, and it's easy for some of the less honest cops to plant evidence on innocent people," said gabriel sayegh of the Drug Policy Alliance. "The drug war inevitably leads to crooked policing – and quotas further incentivize such practices."

The NYPD has also come under heat recently for arresting more than 50,000 people last year for low-level marijuana offenses – 86% of whom are black and Latino – making marijuana possession the number one offense in the City. Most of these arrests are the result of illegal searches by the NYPD, as part of its controversial stop-and-frisk practices. Marijuana was decriminalized in New York State in 1977 – and that law is still on the books. Smoking marijuana in public or having marijuana visible in public, however, remains a crime.  Most people arrested for marijuana possession are not smoking in public, but simply have a small amount in their pocket, purse or bag. Often when police stop and question a person, they say "empty your pockets" or "open your bag." Many people comply, even though they’re not legally required to do so. If a person pulls mari­juana from their pocket or bag, it is then "open to public view." The police then arrest the person.

Last month, in a rare admission of NYPD wrongdoing, Police Commissioner Ray Kelly ordered all officers to stop charging people with misdemeanor marijuana violations based on improper searches. The new policy directive comes on the heels of a 2011 report released by DPA highlighting the enormous costs of marijuana arrests in New York and a public pressure campaign by advocacy groups and elected officials.

"Whether the issue is planting drugs (like this instance) or falsely charging people for having marijuana in public view (as is the case with the majority of marijuana arrests in NYC) the drug war corrupts police, ruins lives, and destroys trust between law enforcement and the communities that they serve," said sayegh.

PRESS RELEASE

Americans for Safe Access
For Immediate Release: October 7, 2011
Contact: ASA Media Liaison Kris Hermes or ASA Chief Counsel Joe Elford

Patient Advocates Accuse Obama of Hypocritical, Aggressive Policy on Medical Marijuana
Millions of taxpayer dollars spent undermining state and local medical marijuana laws

Sacramento, CA -- The Obama Justice Department (DOJ) held a press conference in Sacramento today announcing an array of enforcement actions against medical marijuana producers and distributors as well as landlords throughout California. Patient advocates are calling President Obama's enforcement effort harmful and unnecessary, representing a stark contradiction to his pledge of disengagement in medical marijuana states. The DOJ claimed it was carrying out civil and criminal enforcement actions against medical marijuana providers and sending "warning" letters to property owners leasing to dispensary operators.

"Aggressive tactics like these are a completely inappropriate use of prosecutorial discretion by the Obama Administration," said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the country's largest medical marijuana advocacy group. "President Obama must answer for his contradictory policy on medical marijuana." On the campaign trial and in the White House, President Obama pledged that he was "not going to be using Justice Department resources to try to circumvent state [medical marijuana] laws."

This attack is the latest in a long line of federal intimidation tactics employed over the past few months by such agencies as Housing and Urban Development (HUD), the Federal Deposit Insurance Corporation (FDIC), the Internal Revenue Service (IRS) and the Department of Justice (DOJ). President Obama's DOJ has conducted well over 150 federal raids in at least 7 states since taking office and his U.S. Attorneys sent letters earlier this year threatening local and state officials in 10 states with criminal prosecution if they adopted proposed medical marijuana laws.

By sending threatening letters to landlords, President Obama is taking a cue from his predecessor George W. Bush, whose Justice Department sent similar letters to more than 300 property owners throughout California in 2007. Despite the seriousness of letters sent by the DOJ under Bush, no criminal or forfeiture enforcement actions were ever pursued. It's unclear if the federal government has the resources or inclination to act on these new threats in a significant way, but for the price of postage they have engaged in wholesale intimidation of the medical marijuana community.

Advocates argue that states should be allowed to enforce their own public health laws, including those concerning medical marijuana. "It is unconscionable that the federal government would override local and state laws to enforce its will over the will of the people," said ASA spokesperson Kris Hermes. "States must be allowed to enforce their own laws without harmful interference from the Obama Administration." California Attorney General Kamala Harris was apparently not warned by the DOJ about the heightened federal enforcement effort before today.

The DOJ enforcement effort comes as hundreds of demonstrations against Wall Street are continuing to occur across the country. These protests are, at least in part, questioning the federal government's allocation of limited resources. Meanwhile, President Obama has chosen to expend federal resources to crack down on medical marijuana in states that have legalized its use. "By shutting down dispensaries, the Obama Administration is not only pushing legal patients into the illicit market," continued Hermes, "it's also wasting taxpayer dollars at a time of fiscal crisis."

Further information:
Redacted example of U.S. Attorney letter to landlords of California medical marijuana dispensaries: http://AmericansForSafeAccess.org/downloads/US_Attorney_Landlord_Letter.pdf

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With over 50,000 active members in all 50 states, Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research. ASA works to overcome political and legal barriers by creating policies that improve access to medical cannabis for patients and researchers through legislation, education, litigation, grassroots actions, advocacy and services for patients and the caregivers.

Drug Policy Alliance

How Accurate is Cannabis Testing? Ring Test Assesses the Labs

California NORML Release - Sep. 26, 2011

How Accurate Is Cannabis Potency Testing? California NORML and Project CBD release the results of the first "Ring Test" to assess the accuracy of analytical laboratories

Mixed findings show strengths and problems among analytic testing services

In the winter of 2010/11, California NORML and Project CBD initiated a "Ring Test" to assess the accuracy of the numerous analytical cannabis testing laboratories that have recently emerged to serve medical marijuana collectives, breeders, growers and patients.

Results of the study, which was coauthored by California NORML director Dale Gieringer and Dutch scientist Dr. Arno Hazekamp, are reported in the Autumn 2011 issue of O'Shaughnessy's, the Journal of Cannabis in Clinical practice on pages 17-18, posted at:

http://www.canorml.org/RingTestOShaughnessys_Aut11.pdf

"We embarked on a parallel study of cannabis testing labs to shed light on a significant, unresolved issue within the fledgling medical marijuana industry in California and other states," says Gieringer, "We wanted to know how reliable is the information provided by analytical cannabis labs? Are they adequately serving the needs of medical marijuana patients and providers?"

Ten cannabis labs in two states agreed to participate in an anonymous, side-by-side study to assess the accuracy and precision of their collective work. The participating labs employed a variety of analytical techniques and instrumentation to conduct their analysis.

Six samples drawn from the same sources were tested by each lab: four herbal samples, including one CBD-rich strain, and two tinctures (alcohol extracts).

Results of the Ring Test

- In most cases, lab results were consistent to within plus or minus 20% on replicate samples (and often within 10%). For example, a sample with 10% average THC content might range from 8% to 12% in different tests.  This is similar to the accuracy of the government's potency testing program run by NIDA's lab in Mississippi, as well as comparable government-regulated industries such as environmental testing. Conclusion: The precision and proficiency of a majority of cannabis testing labs compared favorably to other analytical testing industries.

- While a majority of labs performed within acceptable limits, some reported results that deviated substantially from the average, with unacceptable deviations of more than 25% from the mean. Three of the ten labs performed unacceptably on half of the tests. Conclusion: Not all cannabis testing labs are performing up to par; consumers are well advised to check the reputations and professional experience of labs they work with, and to arrange backup tests from more than one lab where accuracy is essential.

- Both gas chromatography (GC) and liquid chromatography (LC) instrumentation yielded accurate results in testing of raw cannabis samples, with comparable and acceptable repeatability for identical samples. Conclusion: Both GC and LC instrumentation should be considered reliable for cannabis potency analysis.

- In the case of the tinctures (alcohol extracts), there were significant discrepancies in the results found by different labs, with GC generally reporting significantly higher potencies than LC. This made it impossible to reliably estimate the actual potency of the original samples. Conclusion: More work is required to assess the accuracy of current methods for testing cannabis tinctures, edibles and other extracts.

- No analytical testing lab demonstrated precision that supports reporting cannabinoid results to two decimal places. By unnecessarily reporting results to the one-hundredth percentile, some labs created an unrealistic illusion of precision that raises false expectations regarding the degree to which accuracy is possible, given the 20% variation observed. Conclusion: Labs should re-evaluate the precision level at which results are reported.

The Project CBD / CA NORML Ring Test report is accompanied by a list of ten questions that patients and providers might want to ask when choosing to work with an analytical testing lab.

"Analytical labs provide an important service for the medical marijuana community," says Sarah Russo, Project CBD's outreach coordinator. "We hope that cannabis labs, while competing for market share, will cooperate to improve their methods and maintain a high performance standard. Medical marijuana patients and providers would be well served by labs that share information and assist each other in a collegial manner."

For more information contact: Dale Gieringer at California NORML, [email protected] or Project CBD,[email protected]

Drug Policy Alliance

www.drugpolicy.org

For Immediate Release: September 30, 2011
Contact: Tony Newman

New Ken Burns PBS Documentary “Prohibition” to Air October 2^nd– 5^th

Advocates Hope Spotlight on Failed Alcohol Prohibition Will Provoke Debate on Drug Prohibition, Black Market Violence and the Criminalization of More Than a Hundred Million Americans

The history of our country’s disastrous period of alcohol prohibition will be  broadcast into homes across America this weekend when PBS airs Ken Burns and Lynn Novick’s Prohibition, a three part series on America’s failed “noble experiment” of banning alcohol.

Drug policy advocates are thrilled that filmmakers of the stature of Ken Burns and Lynn Novick have taken on this topic – and hope that the series reminds Americans about the futility of prohibition and its devastating collateral consequences.

“Alcohol prohibition didn’t stop people from drinking any more than drug prohibition stops people from using drugs,” said Tony Newman, director of media relations at the Drug Policy Alliance. “But prohibition did lead to Al Capone and shoot-outs in the streets. It is the same today. It is not the marijuana or coca plants that have caused 50,000 deaths in Mexico over the last 5 years – but because they plants are illegal and thus unregulated, people are willing to kill each other over the profit that can be made from them.”

"Making drugs illegal has created a violent criminal market where cartels battle it out to control territory in much the same way gangsters did during alcohol prohibition," said Neil Franklin, a retired Baltimore narcotics cop and executive director of Law Enforcement Against Prohibition. "The one major difference between the two prohibitions is that we came to grips with the failure of our experiment to ban alcohol after just 13 years, while the 'drug war' that President Nixon declared 40 years ago is still being prosecuted, more harshly and expensively than ever."

“My two sons have struggled with addiction. My family has experienced not only the devastation of this life-threatening disease, but also the destructive effects of punitive prohibitionist policies and incarceration,” said Gretchen Burns Bergman, lead organizer of Moms United to End the War on Drugs. “Mothers were instrumental in ending alcohol prohibition in the 30s, not because they wanted to encourage alcohol use, but because they wanted to end the gangland violence and loss of lives caused by organized crime, fueled by prohibition. Moms are needed to join the movement to end the violence, mass incarceration and overdose deaths that have resulted from prohibition and the failed war on drugs.”

For Immediate Release:

Assemblyman Hakeem Jeffries, And Council Members Melissa Mark-Viverito and Jumanne D. Williams Joined by Advocates in Front of Police Headquarters to Applaud Change in Policy for Marijuana Arrests

Policy Shift by NYPD Could End Tens of Thousands of Arrests in NYC, Save Tens of Millions of Dollars and Reduce the Funneling of Young Men of Color into the Criminal Justice System

Elected Officials and Advocates Affirm Support for Legislation in Albany that Standardizes Penalties for Marijuana Possession Offenses to Permanently Curb These Arrests Statewide

New York, NY– Assemblyman Hakeem Jeffries, Council Member Melissa Mark-Viverito and Council Member Jumaane D. Williams, joined by advocates from the Institute for Juvenile Justice Reform and Alternatives, VOCAL NY, and the Drug Policy Alliance, gathered in front of One Police Plaza today to celebrate an internal order issued by NYPD Commissioner Raymond Kelly to all precinct commanding officers to stop arresting New Yorkers for small quantities of marijuana if the marijuana was not in plain view.

In 2010, over 54,000 people – mostly black or Latino – were arrested for possessing small amounts of marijuana in New York State. Over 50,000 of those arrests occurred in New York City, making it the most frequent arrest citywide. On Monday, September 19th, responding to mounting public pressure from elected officials and advocates, NYPD Police Commissioner Ray Kelly issued an operations order that clarified existing marijuana possession laws, instructing officers not to arrest people for marijuana in public view when complying with an officer's demand to "empty their pockets". This change could lead to the reduction of tens of thousands of arrests in New York City.

"The internal directive issued by Commissioner Kelly is a positive step toward a more equitable criminal justice system that treats everyone the same, regardless of race or socioeconomic status,” said Assemblyman Hakeem Jeffries. “The NYPD's aggressive stop and frisk practices that have lead to the explosion of improper marijuana arrests in communities of color have helped poison the relationship between the community and police. We will continue to push for the passage of state legislation that changes public view possession of small quantities of marijuana from a misdemeanor to a violation.”

Commissioner Kelly’s operations order can be made permanent, and apply to all of New York State, by passing A.7620 (Jeffries) and S.5187 (Grisanti, R-Buffalo). This legislation would standardize penalties for marijuana possession offences, protect New Yorkers from illegal searches, save taxpayer dollars, and bring down the disproportionately high number of arrests among black and Latino men for marijuana-related crimes by eliminating the misdemeanor charge.

"The New York City Police Commissioner did the right thing when he issued his directive not to arrest people who produce small amounts of marijuana in public view when compelled by police," said  New York State Senator Mark Grisanti (R- Buffalo). "Unfortunately, this order does not impact people in Buffalo who experience these same situations every day. We can make this order permanent and have it apply statewide by passing legislation in Albany that will help put an end to these racially biased, fiscally wasteful, and unlawful arrests for small amounts of marijuana."

Council Member Mark-Viverito introduced a City Council resolution that Council Member Williams is sponsoring that supports the passage of this legislation.

“The directive issued by Commissioner Kelly is a huge victory for communities of color in the city of New York, who for years have been disproportionately targeted for small-time marijuana arrests” said Council Member Melissa Mark-Viverito.  “Finally, the NYPD will be respecting the intent of the State law that de-criminalized small amounts of marijuana decades ago, and our youth will no longer face arrest for this small-time offense.  I personally raised this issue with Commissioner Kelly at two different Council hearings earlier this year as a major concern for my district and communities like mine across the city.  I applaud the Commissioner for acting on the concerns that so many of us in the Council and beyond have been expressing about this policy.  We will continue to closely monitor how stop and frisk policies are carried out in our city and to advocate for the passage of the State legislation introduced by Senator Grisanti and Assemblyman Jeffries.”

Marijuana has been decriminalized since 1977, making possession of 25 grams or less of marijuana a violation, punishable by a $100 fine, not arrest and jail. However, possessing or burning marijuana in public view is a criminal offense punishable by arrest and jail.

"Commissioner Kelly has finally answered the alarm sounded by advocates and our communities,” said Council Member Jumaane D. Williams. “However, it will take continued vigilance on all of our parts to make sure that officers are patrol are heeding the message and bringing an end to the racial inequality and fiscal waste of this disturbing trend of illegal arrests. We also must continue to push for the bipartisan state legislation that will ensure this order is made permanent for all New Yorkers.”

Since 1996, the New York City Police Department has made over 535,000 arrests for possession of small amounts of marijuana. Although the “public view” provision was meant to criminalize public display and smoking of marijuana, most of these arrests were not for that offense, but instead the result of complying with an officer's demand to disclose contraband or from a police search and being improperly charged for "marijuana in public view" instead of the non-criminal violation offense. Although marijuana use is higher among whites, 86% of those arrested for marijuana possession were young Black and Latino youth.

Advocates who have worked for years to address the out of control marijuana arrests by NYPD weighed in on the significance of the recent directive.

“It must be noted that these spurious arrests are largely a result of a racially biased and improper stop and frisk practice that often result in illegal searches, and this order does not address this injustice,” said Kyung Ji Rhee, director of  Institute for Juvenile Justice Reform and Alternatives. “We will continue to hold NYPD accountable on this front.”

“It’s about time!,” said Ethan Nadelmann, executive director of the Drug Policy Alliance.  “I just want to give a belated thanks to Ray Kelly for agreeing at last to comply with both the spirit and letter of the marijuana decriminalization law that New York enacted back in 1977.”

"We can't talk about marijuana arrests without bringing up why they happen in the first place - stop and frisks and illegal searches that are targeted in communities of color," said Alfredo Carrasquillo, a community organizer for VOCAL-NY who has been arrested in the past for marijuana possession. "That won't necessarily change as a result of this new policy, but it should. Mayor Bloomberg must also seal the records of people who have been convicted of possessing small amounts of marijuana in the past given that he knows how difficult it can make finding a job or housing."

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MEDIA ADVISORY                                                                                                                                    June 22, 2011

Thursday: Members of Congress to Introduce Historic Legislation Ending Marijuana Prohibition

The Legislation, Modeled after the Repeal of Alcohol Prohibition, Comes on the 40^th Anniversary of the Failed War on Drugs and on the Heels of a Global Commission Report Recommending Marijuana Legalization

Teleconference: Rep. Barney Frank and Leading Organizations Working to End the Failed War on Marijuana Explain the Significance of the Legislation

CONTACT: Morgan Fox, communications manager………………......(202) 905-2031 or [email protected]

WASHINGTON, DC - Rep. Barney Frank (D-MA) and Rep. Ron Paul (R-TX) will introduce bi-partisan legislation tomorrow, June 23, ending the federal war on marijuana and letting states legalize, regulate, tax, and control marijuana without federal interference. Other co-sponsors include Rep. John Conyers (D-MI), Rep. Steve Cohen (D-TN), Rep. Jared Polis (D-CO), and Rep. Barbara Lee (D-CA). The legislation would limit the federal government’s role in marijuana enforcement to cross-border or inter-state smuggling, allowing people to legally grow, use or sell marijuana in states where it is legal. The legislation is the first bill ever introduced in Congress to end federal marijuana prohibition.

            Leading critics of the war on marijuana will explain its significance for state and national marijuana policy at a national tele-press conference on Thursday.

What:  Tele-Press Conference on the Ending Federal Marijuana Prohibition Act of 2011

When:Thursday, June 23. 2:00pm EST / 11am PST

Call-in Info: 1-800-311-9404; Passcode: Marijuana

Who:  

·        Representative Barney Frank (D-4^th/MA)

·        Rob Kampia, executive director of the Marijuana Policy Project (MPP)

·        Aaron Houston, executive director of Students for Sensible Drug Policy (SSDP)

·        Allen St. Pierre, executive director of the National Organization for the Reform of Marijuana Laws (NORML)

·        Bill Piper, director of national affairs for the Drug Policy Alliance (DPA)

Last week marked the 40th Anniversary of President Nixon declaring a war on marijuana and other drugs. In an oped in the New York Times last week, timed for the 40th Anniversary, former President Jimmy Carter called for reforming marijuana laws.

The legislation also comes on the heels of the Global Commission on Drug Policy, which released a report on June 2 calling for a major paradigm shift in how our society deals with drugs, including calling for legal regulation of marijuana. The report sent a jolt around the world, generating thousands of international media stories.  The commission is comprised of international dignitaries including Kofi Annan, former Secretary General of the United Nations; Richard Branson, entrepreneur, founder of the Virgin Group; and the former Presidents of Brazil, Colombia, Mexico, and Switzerland. Representing the U.S. on the commission are George P. Shultz, Paul Volcker, and John Whitehead.

46.5% of Californians voted last year to legalize marijuana in their state, and voters in Colorado, Washington and possibly other states are expected to vote on the issue next year. In the past year at least five state legislatures have considered legalizing marijuana, including California, Maine, Massachusetts, Rhode Island, and Washington. 16 states and the District of Columbia have legalized marijuana for medical use, but the federal Drug Enforcement Administration (DEA) continues to arrest people under federal law and U.S. Attorneys have in recent months sent threatening letters to state policymakers in an apparent attempt to meddle in state decision-making.

Rep. Frank’s legislation would end state/federal conflicts over marijuana policy, reprioritize federal resources, and provide more room for states to do what is best for their own citizens.

With more than 124,000 members and supporters nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. For more information, please visit www.mpp.org.

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