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In The Trenches

Press Release: Day After Lawsuit Filed Against DEA, U.S. Congress Decides To Question Agency

[Courtesy of Union of Medical Marijuana Providers] One day after the Union of Medical Marijuana Providers filed a lawsuit in the United States District Court, Central District of California (case CV07-07951) challenging the DEA's tactic of sending threatening letters to hundreds of owners of Commercial Property who rent to Marijuana Providers, the House Judiciary Committee will question the agency about the practice. Los Angeles, CA (PRWEB) December 10, 2007 -- The DEA, who has declared war on California's Medical Marijuana Law, began the draconian tactic of sending letters to Commercial Property owners who rent to legally authorized Medical Marijuana Providers this summer. In the letter, the DEA informed the owners of these properties that if they continue to rent to dispensaries they may face federal prosecution which could result in a possible prison sentence for up to 20 years as well as seizure of their property. The Union of Medical Marijuana Providers which was formed in part, as a direct result of the DEA's letter writing campaign, as well as L.A.'s Arts District Healing Center, have been aggressively litigating this issue in both state and federal court for the past several months (state case in Los Angeles Superior Court, case 07K21837). Just yesterday, December 6, 2007 they filed a lawsuit in the U.S. District Court, Central District, which requested that the Court issue an injunction stopping the DEA from continuing to send these letters. "When I saw Representative Conyers statement regarding the DEA's abuse of their power in order to thwart California's law, I knew that our legal efforts were beginning to pay off," said James Shaw, Executive Director of the Union. "The DEA has alienated too many citizens with their heavy-handed 'above the law tactics' for too long. We welcome all the support we can find in our efforts to ensure our rights are protected." Steven Schectman, the Union's chief counsel said he has contacted Representative Conyers office today in order to provide his staff copies of the litigation that was filed in both state and Federal Court. "I am hopeful we can support the Judiciary Committee in any way possible. As a result of our research and investigation of the DEA's threatening letter campaign, in preparation of our litigation, we have become the most knowledgeable group, outside the DEA, who best understands the scope and import of their tactics. We are here to help." The Union of Medical Marijuana Providers (UMMP) is a legal advocacy group based in Los Angeles, California. The Union's membership comprises legally compliant cooperatives, collectives, and caregiver groups throughout the State of California. UMMP was founded in 2007 to address the shared concerns of legally compliant medical marijuana patient groups.
In The Trenches

Supreme Court Rules in Favor of Sentencing Fairness for Crack Cocaine

[Courtesy of The Sentencing Project] SUPREME COURT RULES THAT JUDGES MAY CONSIDER HARSHNESS OF CRACK POLICY IN SENTENCING Decision Comes on Eve of U.S. Sentencing Commission Vote to Reduce Crack Sentences for Prisoners The Supreme Court ruled 7 to 2 today that a federal district judge's below-guideline sentencing decision based on the unfairness of the 100 to 1quantity disparity between powder and crack cocaine was permissible. Justice Ruth Bader Ginsburg wrote the decision in the case, Kimbrough v. U.S. (06-6330). "At a time of heightened public awareness regarding excessive penalties and disparate treatment within the justice system, today's ruling affirming judges' sentencing discretion is critical," said Marc Mauer, Executive Director of The Sentencing Project. "Harsh mandatory sentences, particularly those for offenses involving crack cocaine, have created unjust racial disparity and excessive punishment for low-level offenses." The Court's decision in Kimbrough comes at a time of unprecedented interest in reforming the mandatory minimum sentencing policy for crack cocaine offenses. Bipartisan legislation has been introduced in Congress and hearings are expected early next year. Moreover, tomorrow, the U.S. Sentencing Commission is expected to vote on whether its recent sentencing guideline reduction for crack cocaine offenses will apply retroactively to people currently serving time in prison. Review today's decision in Kimbrough at: http://www.scotusblog.com/wp/wp-content/uploads/2007/12/06-6330.pdf
In The Trenches

Press Release: Medical Marijuana Law Needs Fixing

[Courtesy of Iowans for Medical Marijuana]

FOR IMMEDIATE RELEASE: December 8, 2007

CONTACT: Carl Olsen Iowans for Medical Marijuana (515) 288-5798

Dear Governor Richardson,

In your press release dated August 17, 2007, you vowed to fight the federal intimidation efforts, and use every state resource to fully implement the state law making medical marijuana legal for the most seriously ill patients. We think it is inconsistent that New Mexico state law continues to classify marijuana as a schedule I controlled substance, N.M. Stat. Ann. § 30-31-5(A)(2) (2007), with no accepted medical use in treatment in the United States.

Although federal law currently classifies marijuana as a schedule I controlled substance with no accepted medical use in treatment in the United States, the actual determination of whether marijuana has accepted medical use is specifically reserved to the states under the federal Controlled Substances Act of 1970 (CSA) (21 U.S.C. §§ 801 et seq.). This is clear from the recent decision by the United States Supreme Court in Gonzales v. Oregon, 546 U.S. 243 (2006).

Gonzales v. Oregon, 546 U.S. 243, 250 (2006) (referring to 21 U.S.C. § 903):

"No provision of this subchapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which that provision operates . . . to the exclusion of any State law on the same subject matter which would otherwise be within the authority of the State, unless there is a positive conflict between that provision . . . and that State law so that the two cannot consistently stand together." § 903.

Gonzales v. Oregon, 546 U.S. 243, 269-270 (2006):

In deciding whether the CSA can be read as prohibiting physician-assisted suicide, we look to the statute's text and design. The statute and our case law amply support the conclusion that Congress regulates medical practice insofar as it bars doctors from using their prescription-writing powers as a means to engage in illicit drug dealing and trafficking as conventionally understood. Beyond this, however, the statute manifests no intent to regulate the practice of medicine generally. The silence is understandable given the structure and limitations of federalism, which allow the States "great latitude under their police powers to legislate as to the protection of the lives, limbs, health, comfort, and quiet of all persons." (Citations omitted).

United States v. Oakland Cannabis Buyers' Cooperative, 532 U.S. 483, 492 (2001):

The Attorney General can include a drug in schedule I only if the drug "has no currently accepted medical use in treatment in the United States," "has a high potential for abuse," and has "a lack of accepted safety for use . . . under medical supervision." §§ 812(b)(1)(A)-(C). Under the statute, the Attorney General could not put marijuana into schedule I if marijuana had any accepted medical use.

Although New Mexico Senate Bill 523, effective July 1, 2007, now includes marijuana in both schedule I and schedule II of New Mexico's state version of the Uniform Controlled Substances Act, the question that we have for New Mexico is why New Mexico's version of the Uniform Controlled Substances Act continues to list marijuana as a schedule I controlled substance, N.M. Stat. Ann. § 30-31-6 (2007), which has "no accepted medical use in treatment in the United States", N.M. Stat. Ann. § 30-31-5 (2007). Under both New Mexico and federal law, the criteria for placing a substance in schedule I is "no accepted medical use in treatment in the United States".

We fear that this inconsistency is going to cause problems for patients in New Mexico who are attempting to comply with the Lynn and Erin Compassionate Use Act, N.M. Stat. Ann. § 30-31C-1 (2007), as amended by New Mexico Senate Bill 523, effective July 1, 2007.

Carl Olsen, George McMahon, Barbara Douglass

Directors of Iowans for Medical Marijuana (http://www.iowamedicalmarijuana.org/)

Members of the Board for Patients Out of Time (http://www.medicalcannabis.com/)

Petitioners in The Federal Marijuana Rescheduling Petition (http://www.drugscience.org/)

In The Trenches

Canadians Unite Against Bill C-26 - Ask MPs "Why Prohibit Marijuana?"

FOR IMMEDIATE RELEASE: December 3, 2007 CONTACTS: Jacob Hunter, National Event Coordinator, [email protected] or 604-803-4085, Kirk Tousaw, 604-836-1420, [email protected]. Canadians Unite Against Bill C-26 - Ask MPs "Why Prohibit Marijuana?" An exciting new grass-roots political campaign is beginning to grow across Canada. In response to the Americanization of Canadian drug policy by the Conservative Party of Canada, ordinary Canadians are standing up to ask a simple question: Why? On November 20th, 2007 the Conservative government of Canada introduced Bill C-26, imposing mandatory minimum jail sentences for cannabis (marijuana) offences in an attempt to appear "tough" on crime. In reality, the government's own experts have said time and again - most recently in the Department of Justice analysis accompanying the CPC's other "get tough" crime bill - that these extreme measures simply don't work. This American-style legislation has been met with sweeping condemnation from experts and members of the public across Canada. At noon on December 17, 2007, ordinary Canadians will be gathering at their local Member of Parliament's office to ask their MPs to vote against Bill C-26 and to force them to justify any continued support for the failed and harmful policy of marijuana prohibition. "Mandatory minimums have already failed to curb drug use and sales in the US and simply ended up filling their jails to brimming with non-violent marijuana offenders" said Kirk Tousaw, a Vancouver criminal defence lawyer that has practiced on both sides of the border, "Worse, the evidence on marijuana is pretty unequivocal: prohibition is causing more harm than it prevents. So the question for Parliament is why? Why does marijuana prohibition have the support of the House of Commons?" Tousaw, whose UBC Master's in Law thesis examined Canadian cannabis policy, said: "Cannabis and cannabis policy has been studied extensively and thoroughly by our government and many others. The conclusions are unequivocal. Prohibition doesn't reduce use or supply. Prohibition supports organized crime by providing criminals with constant revenues. Prohibition creates dangerous black markets with no controls and causes people to grow marijuana in suburban basements instead of on farms and in greenhouses. And marijuana itself is far safer than virtually all of our legal drugs, including alcohol, tobacco, prescription and over-the-counter medications. The public understands this perfectly - 63% support legalization. Yet Parliament has ignored all of this. Why?" To find out the answer, on December 17, 2007 Canadians will meet at MP's offices across Canada. Starting at noon, these citizens will ask their representatives to meet and explain what the MP's marijuana position is. If the MP supports prohibition, he or she will be asked why. Event organizer Jacob Hunter put it this way, "We want them to tell us what their reasons are. Virtually all the reasons I ever hear given to support prohibition are at odds with the scientific and expert evidence, but I think many of the MPs may simply not understand the issue well enough. It seems that our government is more willing to listen to the Bush administration than to the evidence and the Canadian public. I want to know why."
In The Trenches

4:20 Drug War NEWS Update 12/10/07

Drug Truth Network Update: 4:20 Drug War NEWS Half Hour Programs, Live Tuesdays & Wednesdays... at 90.1 FM in Houston & on the web at www.kpft.org. Those who sit silently and watch the drug war unfold are the best friends the drug barons could ever hope for. - Rev. Dean Becker 4:20 Drug War NEWS 12/10/07 to 12/16/07 now online (3:00 ea: Monday 12/10/07 Describing a Drug War Exit Strategy: Wash State Rep Roger Goodman, Judge Maria Lucia Karam, Eugene Oscapella, Fredrick Polak of Netherlands DPA, Steve Rolles of UK's Transform org, Alex Wodak of New S Wales 1 of 7 Tuesday 12/11/07 Describing a Drug War Exit Strategy: 2 0f 7 Wednesday 12/12/07 Describing a Drug War Exit Strategy: 3 0f 7 Thursday 12/13/07 Describing a Drug War Exit Strategy: 4 of 7 Friday 12/14/07 Describing a Drug War Exit Strategy: 5 of 7 Saturday 12/15/07 Describing a Drug War Exit Strategy: 6 of 7 Sunday 12/16/07 Describing a Drug War Exit Strategy: 7 of 7 NOTE: CULTURAL BAGGAGE (Broadcast on Wed) & CENTURY OF LIES (Broadcasts Tue) Hundreds of our programs are available online at www.drugtruth.net, www.audioport.org and at www.radio4all.net. We provide the "unvarnished truth about the drug war" to scores of broadcast affiliates in the US and Canada. Cultural Baggage for 12/05/07 Bob Doran, reporter for North Coast Journal, LEAP member Judge Jerry Paradis, PTSD story from ABC, Bruce Mirken of MPP MP3 MP3 LINK: http://www.drugtruth.net/007DTNaudio/FDBCB_120507.mp3 Century of Lies for 12/04/07 Judge Jerry Paradis, LEAP speaker & CBC's Divine Vegetal: Ayahuasca MP3 MP3 Link: http://www.drugtruth.net/007DTNaudio/COL_120407.mp3 Next - Century of Lies on Tues, Cutural Baggage on Wed: - Cultural Baggage 12:30 PM ET, 11:20 AM CT, 10:30 AM MT & 9:30 AM PT: New Orleans Drug Conference - Century of Lies 12:30 PM ET, 11:20 AM CT, 10:30 AM MT & 9:30 AM PT: New Orleans Drug Conference II Check out our latest videos via www.youtube.com/fdbecker: Please become part of the solution, visit our website: www.endprohibition.org for links to the best of reform. "Prohibition is evil." - Reverend Dean Becker, Drug Truth Network Producer Dean Becker 713-849-6869 www.drugtruth.net
In The Trenches

ASA: Judiciary Committee Chairman Conyers Opposes DEA Tactics

[Courtesy of Americans for Safe Access] Judiciary Committee Chairman Conyers Opposes DEA Tactics Pledges to Question DEA During Oversight Hearings Dear Friend, As many of you know, DEA recently launched an entirely new tactic in their continued efforts to undermine the effective implementation of medical marijuana laws in California. They have sent hundreds of letters threatening prosecution and asset forfeiture against property owners who rent to legal medical cannabis collectives – a strategy that could have ramifications for medical marijuana programs nationwide. ASA Government Affairs Director Caren Woodson has been talking to House Judiciary Committee Chairman John Conyers’ (D-MI) staff and other Democratic leadership to encourage them to oppose these tactics and stand up for patients in states where medical cannabis is legal. Today, Chairman Conyers issued at a statement saying: “I am deeply concerned about recent reports that the Drug Enforcement Administration is threatening private landlords with asset forfeiture and possible imprisonment if they refuse to evict organizations legally dispensing medical marijuana to suffering patients. The Committee has already questioned the DEA about its efforts to undermine California state law on this subject, and we intend to sharply question this specific tactic as part of our oversight efforts.” In conjunction with more than fifty raids at medical cannabis collectives in California this year, the asset forfeiture threats against property owners represent the most serious challenge to patients’ access in the United States today. Conyers’ support signals the first significant Congressional opposition to the DEA’s attempted end run around voters and state lawmakers. ASA welcomes this statement and we look forward to working with Chairman Conyers to finally end DEA interference in state medical marijuana laws. Congratulations to the hundreds of ASA members who helped put grassroots strength behind our work! Keep your eyes open for an Action Alert next week to put even more support behind Conyers’ initiative, and visit www.AmericansForSafeAccess.org/Donate to make a contribution to support our effective advocacy today. Thank you, Steph Sherer Executive Director Americans for Safe Access -------------------------------------------------------------------------------- Americans for Safe Access is the nation's largest organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.
In The Trenches

Prison Art Clocks let you do time with your favorite imprisoned artists. Only $16.99 (reg $20)

[Courtesy of Prison Art Gallery] Our new Prison Art wall clocks are now on sale for the introductory price of just $16.99. Choose from among ten images created by imprisoned artists from across America. You won't fine a more beautiful, socially-conscious, or TIMELY holiday gift anywhere, even if you spend three times as much. Order yours today before TIME runs out! To view and order these gorgeous and practical works of art, please visit http://www.cafepress.com/jail/4246550. If you have any questions, please call 202-393-1511 anytime.
In The Trenches

The Sentencing Project: Disenfranchisement News & Updates - 12/7/07

Florida: Public Interest Group Announces Web site, Hotline to Register Formerly Incarcerated Citizens People for the American Way Foundation (PFAW) scheduled a press conference this week to announce a large-scale effort to get thousands of formerly incarcerated citizens to the polls. Its announcement comes a day after Chief District Judge Robert Hinkle dismissed a voting rights suit filed by U.S. Sen. Bill Nelson and other congressional Democrats alleging that the Democratic National Committee violated the rights of millions of Florida Democrats by stripping the state of its convention delegates, a punishment for moving the presidential primary from March to Jan. 29, according to the Tallahassee Democrat. As part of PFAW's plans, a Web site and hotline will be set up to help register formerly incarcerated individuals. Nevada: Debate Ensues on Proving Restoration Eligibility with Affidavits Next week, a legislative subcommittee is scheduled to review voting rules recently adopted by the Nevada secretary of state's office that allow formerly incarcerated residents to submit sworn affidavits confirming the restoration of their voting rights. Brenda Erdoes, chief legal counsel for legislators, however, said a personal affidavit isn't enough and an individual must produce an official document from a court or agency showing rights restoration, the Las Vegas Sun reported. Matt Griffin, elections chief for Secretary of State Ross Miller, disagrees and feels an affidavit is sufficient proof. - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information - Email: [email protected], Web: http://www.sentencingproject.org
In The Trenches

Americans for Safe Access: December 2007 Activist Newsletter

Victory for Patients' Right to Return of Marijuana

Appeals Court Says Police Must Give Back Property Despite Federal Law

ASA's legal team won another huge victory when a California appeals court said police must return marijuana seized from qualified patients. The November 28th ruling in favor of Felix Kha, a medical marijuana patient from Garden Grove, means police must return the eight grams of medical marijuana they took from him in a June 2005 traffic stop.

The rally at the governor's office ASA Chief Counsel Joe Elford

Attorneys for the police claimed that they should not have to since federal law prohibits possession of marijuana, even for medical use. But a three-justice panel from the state's Fourth Appellate District unanimously rejected that claim, saying "it is not the job of the local police to enforce the federal drug laws."

"California law enforcement is now on notice that they cannot seize and keep the medicine of seriously ill patients," said ASA Chief Counsel Joe Elford, who represented Kha. "The court has ensured that patients have a way to get their cannabis back."

The ruling was more than two years in the making. After a marijuana possession charge against Kha was dismissed in August 2005 because he had a valid doctor's recommendation, an Orange County Superior Court judge ordered the return of his medicine. But the City of Garden Grove refused and appealed the order.

The issue was ripe for review, as state courts have split on the issue previously. The question found the California Attorney General and the California Police Chiefs Association on opposite sides. Both filed "friend of the court" briefs in the case on opposite sides of the issue, with the state Attorney General in support of Kha.

In analyzing reports from nearly 800 patient encounters with local or state police in 53 of California's 58 counties, ASA found that more than 90% resulted in medicine seizure by police, regardless of probable cause.

The court's ruling also affirms a 2005 policy change by the California Highway Patrol (CHP). CHP abandoned its policy of mandatory seizure of medical marijuana after a court challenge from ASA.

"Both today's court ruling and the new CHP policy go a long way toward restoring patients' rights in California," said Elford.

For further information, refer to:
Decision by the California Fourth Appellate District Court
Background on Felix Kha's return of property case

In The Trenches

Drug Truth Update 12/05/07

Drug Truth Network Update: Cultural Baggage + Century of Lies Half Hour Programs, Live Tuesdays & Wednesdays... at 90.1 FM in Houston & on the web at www.kpft.org. Cultural Baggage for 12/05/07 Bob Doran, reporter for North Coast Journal, LEAP member Judge Jerry Paradis, PTSD story from ABC, Bruce Mirken of MPP MP3MP3 LINK: http://www.drugtruth.net/007DTNaudio/FDBCB_120507.mp3
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Ron Paul Blames Prostitution on the Drug War

When John Stossel interviews Ron Paul, you know it's gonna be good. Paul defends personal choice, rejecting the federal government's authority to regulate drug use. He even credits the drug war with causing prostitution by artificially inflating drug prices.


You know what? He's right.


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"You Don't Want This!"



It's funny because it's true. At least I think that's why it's funny. Anyway, I hope the whole movie is Tim Meadows getting stoned, acting super intense, and reverse peer pressuring people.
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Is Rep. Dana Rohrabacher a Legalizer?

Does US Rep. Dana Rohrabacher (R-CA) favor drug legalization? He didn't directly say so, and putting words into people's mouths is a good way to wind up being wrong a lot of the time. Still, the following remarks, pointed out to me (again) by DPA's Grant Smith, seem more than a little suggestive of exactly that. From the Congressional Record, page H14135:
THE 75TH ANNIVERSARY OF THE END OF PROHIBITION The SPEAKER pro tempore. Under a previous order of the House, the gentleman from California (Mr. ROHRABACHER) is recognized for 5 minutes. Mr. ROHRABACHER. Madam Speaker, December 5, 1933, December 5, 2007. So, tomorrow we mark the 75th anniversary of something, and most people will just pass it by and not be aware that tomorrow marks the end of America’s great and noble experiment. It is the 75th anniversary of the end of the national prohibition of alcoholic beverages. With the repeal of prohibition in 1933, that was 75 years ago tomorrow, the United States ended a social planning policy that created organized crime in America, crowded our jails with nonviolent prisoners, corrupted our police, increased urban violence, and destroyed the lives of thousands of victims of unadulterated and poisoned substances, substances which if they were permitted would have been subject to normal market protections of fraud and quality standards. However, during prohibition, these substances which were consumed by the American people often poisoned them and caused them to lose their lives. Philosopher Santayana told us that those who cannot learn from history are doomed to repeat it. Have we in Washington learned the lesson of prohibition that ended 75 years ago? Why did America reject the prohibition of alcoholic beverages? Well, when government attempts to control the peaceful behavior of its citizens, it often sets in motion forces that are more dangerous than the social evil that they are trying to control. Today’s war on drugs is perhaps an example. The war on drugs has resulted in a multimillion dollar network of violent organized crime. The war on drugs has created the deaths by drive-by shootings and turf wars among gangs in our cities. The war on drugs has overcrowded our prisons. More than half of Federal prison space is occupied by nonviolent drug users. The war on drugs has corrupted our police and crowded our courts. We apparently did not learn the lesson of the prohibition of alcoholic beverages. Today, on the campaign trail we hear new calls for prohibitions on cigarettes, on fatty foods, and even more money should be spent, yes, on the war on drugs. But, as we mark the 75th anniversary of the repeal of prohibition, let us have the courage to learn from the mistakes of the past. Perhaps it would be better for us to focus our energies not on the supply side of drugs just as they were doing with the supply side of alcohol, but instead to focus our efforts on trying to help those people who are addicted to drugs; perhaps to try to help our young people, deter our young people from getting involved in drugs; perhaps to take a whole new approach on this, rather than this monstrous war on drugs that has done nothing but create havoc in our inner cities, making so many young people who have been arrested and their lives destroyed because they will never be able to get a decent job after one arrest being a teenager. So many people have been hurt by the war on drugs; yet we keep it because we want to supposedly help people. Well, I would suggest that this 75th anniversary of the repeal of prohibition, which was the greatest failure of American social planning in the history of our country, let us try to commit ourselves to help ensure that our young people are dissuaded and deterred from the use of narcotics. Let us work with those who are, indeed, addicted to narcotics and help them free themselves from this habit. But let’s end this notion that we can try to control the use of narcotics in our country by simply controlling the supply. Simply controlling the supply will not work. We’ve got to look at the demand side, try to treat people humanely, and use the limited resources that we have in a much more constructive way, rather than just creating more police who are committed to drugs and interdiction and all the rest of the major expenses, court expenses and others that go into a war on drugs rather than an attempt to help people who are susceptible to the use of drugs. I call the attention of my fellow colleagues to this the 75th anniversary of the repeal of the prohibition of alcoholic beverages.
Good for Dana Rohrabacher! By the way, if you don't already know, we put something out marking the anniversary of repeal too.
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Some Good News from the Supreme Court on Crack Sentencing

Update: Lots of analysis today at the Sentencing Law and Policy blog There was some good news today from the US Supreme Court on the subject of crack cocaine sentencing. It seems like it should be helpful in other kinds of sentencing as well. The following update, forwarded from The Sentencing Project's listserv, sums it up. I'm pleasantly surprised that this passed by a 7-2 margin -- perhaps judges will feel a little freer to give lighter sentences as a result.
SUPREME COURT RULES THAT JUDGES MAY CONSIDER HARSHNESS OF CRACK POLICY IN SENTENCING Decision Comes on Eve of U.S. Sentencing Commission Vote to Reduce Crack Sentences for Prisoners The Supreme Court ruled 7 to 2 today that a federal district judge's below-guideline sentencing decision based on the unfairness of the 100 to 1quantity disparity between powder and crack cocaine was permissible. Justice Ruth Bader Ginsburg wrote the decision in the case, Kimbrough v. U.S. (06-6330). "At a time of heightened public awareness regarding excessive penalties and disparate treatment within the justice system, today's ruling affirming judges' sentencing discretion is critical," said Marc Mauer, Executive Director of The Sentencing Project. "Harsh mandatory sentences, particularly those for offenses involving crack cocaine, have created unjust racial disparity and excessive punishment for low-level offenses." The Court's decision in Kimbrough comes at a time of unprecedented interest in reforming the mandatory minimum sentencing policy for crack cocaine offenses. Bipartisan legislation has been introduced in Congress and hearings are expected early next year. Moreover, tomorrow, the U.S. Sentencing Commission is expected to vote on whether its recent sentencing guideline reduction for crack cocaine offenses will apply retroactively to people currently serving time in prison. Review today's decision in Kimbrough at: http://www.scotusblog.com/wp/wp-content/uploads/2007/12/06-6330.pdf